If the ICAC holds a public inquiry, the ICAC must make a report on the inquiry within 3 months after its conclusion. More information on public inquiries can be found here.
If the ICAC proposes to make an adverse finding about a person or body in a public inquiry report, the ICAC must give the person or body a reasonable opportunity to respond to the adverse material and include a fair representation of the response in the report.
A public inquiry report may:
- contain as much information as the ICAC considers appropriate in relation to the subject matter of the investigation to which the inquiry relates; and
- include a finding as to whether a person has engaged in, is engaging in or is about to engage in, improper conduct; and
- include information as to whether an allegation of improper conduct has been referred to, or in the ICAC's opinion warrants referral to, a referral entity.
A public inquiry report may also contain recommendations.
However, a public inquiry report must not include a finding:
- as to whether a person has committed, is committing or is about to commit, an offence or a breach of discipline; or
- as to the prospects of success of any current or future prosecution or disciplinary action.
A finding that a person has engaged, is engaging or is about to engage in improper conduct is not a finding that the person is guilty of or has committed, is committing or is about to commit an offence or a breach of discipline.
A public inquiry report is to be given to the Speaker, who must table a copy of the report in the Legislative Assembly on the next sitting day after the Speaker receives the report.
The ICAC may make one or more further reports in relation to a public inquiry if the ICAC considers it is appropriate to do so in the circumstances.