Tuesday, 18 November 2014

NSW Model of Ombudsman role linking to Wood's Royal Commission outcomes

8.1 In New South Wales, the Independent Commission Against Corruption
Act 1988 created the Independent Commission Against Corruption
(ICAC). This Act provided the ICAC with powers and discretion to:
(a) expose corruption through investigations, which can include
public hearings;
(b) prevent corruption by giving advice and developing
resistance to corrupt practices in public sector organisations;
(c) educate the public sector and the community about
corruption and the role of the ICAC.
8.2 The ICAC is a public authority, but it is independent of the
Government of the day. It has an accountability relationship with the
New South Wales Parliament. Given the evidence gathered during
the Wood Royal Commission, it would appear evident that the ICAC
was not fully effective in carrying out its functions in relation to police
8.3 The Police Integrity Commission (PIC) was established in 1996 upon
the recommendation of the Wood Royal Commission and took over
responsibility for dealing with police corruption which had
previously been held by the ICAC.
8.4 The PIC is also an independent body, coming within the portfolio of
the Minister for Police and being monitored by a Parliamentary Joint
Committee, as in the case of the ACC. It was established by the Police
Integrity Commission Act 1996, and its functions are to detect,
investigate and prevent police corruption and other serious police
misconduct and to manage or oversee other agencies doing the same.
Oversight of police corruption is shared, in that the New South Wales
Ombudsman also plays a role with respect to medium-level
8.5 Members of the public or police officers who are dissatisfied with the
actions or inaction of the PIC can complain to the Inspector of the PIC.
This Inspector is an independent officer who reports directly to the
New South Wales Parliament and has the power to investigate and
assess complaints.
8.6 In addition to these bodies that deal with issues of police and public
sector corruption, New South Wales also has the New South Wales
Crime Commission (NSWCC) which deals with the issues relating to
organised crime and drug trafficking. These investigations often
overlap with investigations into police corruption.

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