The Independent Commission Against Corruption (ICAC) was established by NSW parliament in 1988 with the ICAC Act. Premier Nick Greiner set up the commission as a response to the constant corruption which was plaguing the NSW public sector in the 1980's. My recollection from the 1980's was the each week Four Corners would expose another state police force, government department or organization for corruption and graft.

ICAC was independent and reported to no minister, it also had wide special powers. With the Metherall affair, ICAC investigated Nick Greiner for corruption. The charges were later rejected by the Court of Appeals but not before Greiner had resigned as Premier. He was in good company, former Premier Neville Wran had also face corruption inquiries.

Current NSW Premier, Bob Carr, appears keen to join the group, in the last twelve months he has been dancing around being investigated. Consequently the Parliamentary Committee which oversees ICAC is now looking to diminish ICAC's power by removing its ability to recommend criminal proceedings or disciplinary action.

Run Run As Fast As You Can

A Sydney Morning Herald article titled, Politicians aim to curb ICAC power, discusses the move by members of NSW's legislative Assembly to remove the "teeth" powers of ICAC.

The joint parliamentary committee on the Independent Commission Against Corruption, chaired by Labor MP Kim Yeadon, wants to limit the commission to making "findings of fact and recommendations" against those it investigates.

It wants to narrow the definition of corruption in the ICAC Act and, if the power to make corruption findings is retained, introduce an appeal mechanism.

Along with the Police Integrity Commission (PIC), ICAC is one of the strongest means by which corruption is kept in check in the NSW public sector. The politicians trying to dilute its power can be seen as nothing more than an attempt to "cover their arses".

What is ICAC

ICAC is the Independent Commission Against Corruption. It was created in 1988 with the legislation of the ICAC Act. It was not the first independent commission against corruption, that honour goes to Hong Kong. Hong Kong had created a similar entity, also named ICAC, in 1974 to combat corruption. Korea also has an ICAC.

The 1980's in NSW and Australia were a period where there seemed to be constant media uncovering of corruption in the Police Forces and State Governments. Led by the imminently corruptible Bjelke-Peterson regime in Qld, corruption had seemed to seep right through the Australian public sector. I recall Four Corners busting one police force after another for corruption, running brothels, taking drug kick-backs and taking bribes.

My main recollection of corruption at the time was a police fellow who got caught on video taking bribes in a car. The camera was in the passenger side footwell, and the copper had big shorts on, but no underpants. Corruption is a horrible thing, and having to watch it with some old fellows todger wobbling about in a Holden Kingswood only reinforces that horror.

Purpose

ICAC's main purpose was to uncover and expose corruption in the NSW public sector. This is done through the process of hearings, often where the person being questioned is obliged to answer the questions. These are part of ICAC's special powers which are greater than the police force's. This also includes;

It [ICAC] can require a public authority or official to provide information or produce documents. ICAC officers can, with specific written authority, enter premises and inspect and copy documents. Warrants may be obtained to search properties, use listening devices and intercept telephone calls.

Another important aspect of ICAC is its independence. Unlike other government departments, ICAC does not report to a Minister. As a result it is not a vehicle for the government of the day. ICAC is responsible to NSW Parliament through a Parliamentary Committee.

Corruption

What is meant by corruption;

a. any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority, or

b. any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions, or

c. any conduct of a public official or former public official that constitutes or involves a breach of public trust, or

d. any conduct of a public official or former public official that involves the misuse of information or material that he or she has acquired in the course of his or her official functions, whether or not for his or her benefit or for the benefit of any other person.

Plus other described actions which are included in Section 8 of the ICAC Act (1994), (1988).

Outcomes

The outcomes of an ICAC investigation can be, recommendation of;

• Criminal prosecution
• Disciplinary action
• Corruption prevention action

The ICAC website warns that it does not "exonerate" those that are investigated, but it can clear the air by determining that a person has not engaged in corrupt conduct.

NSW Ministers and Corruption

NSW has a long and proud history of politicians being forced to squirm due to charges of corruption being levelled against them. As a result ICAC and PIC are necessary watchdogs over the public trust the electorate places in the NSW representatives. Only today, PIC has taken over the investigation into the missing blood sample of Justice Jeff Shaw.

Corruption is a result of access to power, it is ongoing and needs to be squashed. NSW has shown that the independent vehicles such as ICAC and PIC do work in these circumstances. And if nothing else ensure that those that abuse the public trust by engaging in corrupt practices cannot get out of it, with a wink and a nudge to another politician.

The best known of those who fell afoul of ICAC was Nick Greiner, with the Terry Metherall affair. Greiner resigned as Premier, while ICAC investigated his action of offering Metherall a plum, and well paid public sector job, so that Metherall would vacate his seat. Metherall took the job. Even though Greiner was found not to have acted illegally, from this experience additional legislation was added to the ICAC Act.

From a speech by Meredith Burgmann in 1999;

The New South Wales Legislative Council's code of conduct arose out of the so-called Greiner/Metherall affair. For those of you who are young, in the early 1990s, the then Premier, Nick Greiner, had a recalcitrant backbencher, Terry Metherall, who had resigned and become an independent and who was voting against some government legislation. Mr Greiner wanted to get rid of him, so he was found a job in the public service, and this was considered scandalous. It was in fact not only unethical, but may have been illegal. It was found not to be, on appeal. But that's how the Independent Commission Against Corruption (ICAC) was brought into the issue, and in 1994 an amendment to the Independent Commission Against Corruption Act was moved by the independents in the lower house.

This amendment had two aims: first, it sought to expand the definition of corrupt conduct of ministers and members as presented in the existing Act; and secondly, it called for the establishment of an ethics committee for each house, whose duties would include the development of draft codes of conduct for members of the house.

More recently Bob Carr has been dancing around ICAC, having been drawn into its eye with his Labor Ministers running afoul of ICAC's investigative process. I do not doubt that this push by Labor to defang ICAC is a result of the fear of Carr or another of his ministers getting caught by ICAC with corrupt or inappropriate behaviour.

Governments fall into entropy after about seven years and begin to believe that their power is a right. Consequently they become corrupt until the electorate finally overcomes incumbent advantages and kicks them out. The Carr Government is in this stage, they have been in power since 1995, long enough to be suffering from this entropy. A good reason to term limit the Premier position in NSW to six years.

In 1988, Bob Carr supported the ICAC legislation, and his then friend and now NSW Treasurer, Michael Egan warned Carr;

Carr, your stand on the ICAC bill is foolish, wrong, abject and craven. You will pay, if not in this life, then certainly in the next.

But it was the right thing to do, and Carr passed that test. What is wrong, abject and craven is when politicians attempt to remove themselves from accountability to the public. With the statement above - Egan failed that test.

In my opinion, trying to dismantle ICAC's power is a bad thing. My message to the politicians of NSW is, rather than trying to protect yourselves, accept ICAC and PIC as guarantors: of the public's ongoing consent, for the legitimacy and honesty of the system - and most importantly, of the pollies not being corrupt.

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One of the more interesting people in Australian politics at the moment is Julia Gilliard, especially with the establishment of the Rudd Government. She is the obvious heir apparent to Rudd as the Prime Minister and since Australian governments can expect to be in power for at least nine years in modern politics thanks to the advantages of incumbency there will come a time when she believes she is ready to be Prime Minister. I consider this healthy.

We have two templates from opposite ends of the spectrum in Paul Keating and Peter Costello in how this has been handled. Keating made it so uncomfortable for Hawke that the party established Keating as the Prime Minister after some procrastination. The other end of the scale is Costello who continually bent to the wishes of his party leader and party; never seriously challenging for the position and watching Howard lead his party and Costello's chances of being PM into crushing defeat.

Westminster government's openness and poor separation of powers invites executive exhaustion and overstay. This was obvious in the national election and there are several state goverments suffering from similar executive over-reach and policy poverty. However, there has been two interesting retirements in NSW and Victoria with Bob Carr and Steve Bracks saving themselves from themselves. Carr was hastened out by ICAC on his heels, but Bracks' retirement seems entirely genuine.

More Prime Ministers and Premiers should look to Bracks' example.