Gamage v Riashi

In *Gamage v Riashi*, the applicant sought leave to appeal from a judgment of the Common Law Division concerning the validity of court attendance notices issued by an officer of the Independent Commission Against Corruption (ICAC). The dispute centred on whether the ICAC officer had the authority to issue these notices, which were not signed by a registrar, and whether the ICAC's powers extended to laying charges under the *Crimes Act 1900* (NSW) or the *Independent Commission Against Corruption Act 1988* (NSW) for matters under investigation.

The primary legal issues before the Court of Appeal were whether the ICAC officer was acting as a "public officer" within the meaning of the *Criminal Procedure Act 1986* (NSW) and whether they were acting in an "official capacity" when issuing the notices. Further, the court had to determine if the powers and functions of the ICAC encompassed laying charges for breaches of the *Crimes Act* related to corrupt conduct investigations, and similarly, for breaches of the *Independent Commission Against Corruption Act*.

The Court of Appeal reasoned that the powers of a public body should be interpreted harmoniously with its statutory functions, implying powers that are necessary or reasonably incidental to the exercise of its express powers. However, the court found that the ICAC did not have the power to prosecute for matters that were the subject of its investigation into corrupt conduct involving the applicant under the *Crimes Act*. Consequently, the court held that neither the ICAC nor its officer had the authority to issue the court attendance notices in question for those specific offences. The court also clarified that the ICAC and its authorised officers did not lack the authority to institute proceedings for breaches of the *Independent Commission Against Corruption Act*.

The Court of Appeal granted leave to appeal, set aside certain orders of the primary judge, and declared that the ICAC lacked the power to prosecute for the *Crimes Act* offences, thereby invalidating the court attendance notices and the consequent convictions and sentences. The court also made a declaration confirming the ICAC's authority to institute proceedings for breaches of its own Act.