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"Definition of Corrupt Conduct by the Independent Commission Against Corruption"

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Category: Uncategorised
Created: Saturday, 28 July 2012 19:03
Written by Alecomm2
corruption(1)  Corrupt conduct is:
  • 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
  • any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions, or
  • any conduct of a public official or former public official that constitutes or involves a breach of public trust, or
  • 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.
(2)  Corrupt conduct is also any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by any public official, any group or body of public officials or any public authority and which could involve any of the following matters:
  • official misconduct (including breach of trust, fraud in office, nonfeasance, misfeasance, malfeasance, oppression, extortion or imposition),
  • bribery,
  • blackmail,
  • obtaining or offering secret commissions,
  • fraud,
  • theft,
  • perverting the course of justice,
  • embezzlement,
  • election bribery,
  • election funding offences,
  • election fraud,
  • treating,
  • tax evasion,
  • revenue evasion,
  • currency violations,
  • illegal drug dealings,
  • illegal gambling,
  • obtaining financial benefit by vice engaged in by others,
  • bankruptcy and company violations,
  • harbouring criminals,
  • forgery,
  • treason or other offences against the Sovereign,
  • homicide or violence,
  • matters of the same or a similar nature to any listed above,
  • any conspiracy or attempt in relation to any of the above.
(3)  Conduct may amount to corrupt conduct under this section even though it occurred before the commencement of this subsection, and it does not matter that some or all of the effects or other ingredients necessary to establish such corrupt conduct occurred before that commencement and that any person or persons involved are no longer public officials.

(4)  Conduct committed by or in relation to a person who was not or is not a public official may amount to corrupt conduct under this section with respect to the exercise of his or her official functions after becoming a public official.

(5)  Conduct may amount to corrupt conduct under this section even though it occurred outside the State or outside Australia, and matters listed in subsection (2) refer to:
  • matters arising in the State or matters arising under the law of the State, or
  • matters arising outside the State or outside Australia or matters arising under the law of the Commonwealth or under any other law.
(6)  The specific mention of a kind of conduct in a provision of this section shall not be regarded as limiting the scope of any other provision of this section. 
(Source : http://www.legislation.nsw.gov.au/scanview/inforce/s/1/?TITLE=%22Independent%20Commission%20Against%20Corruption%20Act%201988%20No%2035%22&;)

Comments

+2 #1 RE: Definition of Corrupt Conduct by the Independent Commission Against Corruption — Definitions 2012-07-29 18:33
The NSW ICAC defines JIRT officials that fabricate of evidence during child abuse investigations to cover up culpability of themselves, their bosses and their co-workers by blaming an innocent member of the public for their own illegal activities as "negligence" rather then "corruption".

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