Lawyers warn against imposing time limit on ICAC investigation

NSW law associations and leading legal experts have responded to imposing time limits on NSW corruption watchdogs to complete investigations and expanding the powers of courts to crack down on corruption findings. I am warning you.

in the November report In examining the reputational impact of corruption investigations, the NSW Legislature’s Commission on the Independent Commission Against Corruption made nine recommendations. These include that the Commission should consider whether there is a time standard for ICAC to complete its report.

It committed itself to consider the matter in June this year and also promised to review existing mechanisms for judicial review of findings of corruption.

The Law Association, which represents the state’s 37,000 attorneys, said in a filing with the Commission: open to the public on fridaythat both modifications can have undesirable consequences.

Law Society President Joan van der Pratt said:

“ICAC should not be prevented from pursuing evidence of corruption that may come to light during the course of an investigation.”

ICAC is operation aero, a 2019 survey of political funding by the NSW Labor Party after more than two years in February this year.this The investigation ended the public hearing Former NSW Premier Gladys Berejiklian and former Wagga Wagga MP Darryl Maguire took office last November, but have yet to issue a report. Berejiklian denies all wrongdoing.

Under current law, a person with a founding of corruption can challenge that finding before the NSW Supreme Court, but only on limited grounds related to legal error. Courts may declare certain ICAC certifications “not made in accordance with law and invalid.”

Courts do not consider the merits of original certification. That is, the court does not take ICAC’s position on her and does not make its own findings based on facts.