After section 55(3)
insert
(4) Subsections (1) to (3) do not authorise any of the following public statements:
(a) an opinion as to whether a person has committed, is committing or is about to commit, an offence or a breach of discipline;
(b) a comment as to the prospects of success of any current or future prosecution or disciplinary action;
(c) the naming or identification of any person other than an MLA in relation to a matter that amounts to no more than misconduct or unsatisfactory conduct unless, in the opinion of the ICAC:
(i) the alleged misconduct or unsatisfactory conduct gives rise to a suspicion of systemic misconduct or unsatisfactory conduct; or
(ii) other exceptional circumstances exist that make it appropriate to name or otherwise identify the person.
(5) For subsection (4)(a), a public statement that a person has engaged, is engaging or is about to engage in improper conduct is not a public statement that the person is guilty of or has committed, is committing or is about to commit an offence or a breach of discipline.
(6) Subsection (5) does not authorise the naming or identification of a person contrary to subsection (4)(c).