Independent Commission Against Corruption (Amendment) Act 1989 (NSW)

INDEPENDENT COMMISSION AGAINST CORRUPTION

(AMENDMENT) ACT 1989 No. 28

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3. Amendment of Independent Commission Against Corruption Act 1988 No. 35

SCHEDULE 1—AMENDMENTS

INDEPENDENT COMMISSION AGAINST CORRUPTION

(AMENDMENT) ACT 1989 No. 28

NEW SOUTH WALES

Act No. 28, 1989

An Act to amend the Independent Commission Against Corruption Act 1988 in relation to the office of Assistant Commissioner and appeal rights and discipline of members of the staff of the Commission, and for other purposes. [Assented to 21 April 1989]

Sec also Defamation (independent Commission Against Corruption) Amendment Act 1989.

2   Act No. 28

Independent Commission Against Corruption (Amendment) 1989

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Independent Commission Against

Corruption (Amendment) Act 1989.

Commencement

2. This Act commences on a day or days to be appointed by

proclamation.

Amendment of Independent Commission Against Corruption Act 1988 No. 35

3. The Independent Commission Against Corruption Act 1988 is

amended as set out in Schedule 1.

SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Section 88 (Offences relating to documents or other things)—

Section 88 (3)—

Before "offence", insert "indictable".

(2) Section 104 (Staff etc. of Commission)—

(a) Omit section 104 (8).

(b)

Section 104(10)— Management Act 1988".

(c)

Section 104 (10)— purpose under subsection (8))", insert instead "(except in so far

as may be relevant for the purposes of subsection (15))".

(d) After section 104 (11), insert:

(12) An appeal does not lie to the Government and Related Employees Appeal Tribunal concerning a promotional or disciplinary matter affecting a person employed under subsection (1).

(13) None of the following matters, and no matter, question or dispute relating to any of the following matters, is an industrial matter for the purposes of the Industrial Arbitration Act 1940:

(a) the appointment of, or failure to appoint, a person to any position as a member of the staff of the Commission;

Independent Commission Against Corruption (Amendment) 1989

SCHEDULE	1— AMENDMENTS—continued
(c)	any disciplinary proceedings or disciplinary action taken against a person employed under subsection (1).

(14) The Commission may terminate an arrangement under subsection (4) or (5) at any time, and no appeal or other proceedings may be brought, in respect of the termination, by or on behalf of the person concerned.

(15) After the termination of such an arrangement respecting

a former member of the staff of the Commission—

(a)	disciplinary proceedings or disciplinary action may, in accordance with the procedures applicable to his or her principal employment, be taken against the former member in connection with any act or omission committed while a member of that staff; and
(b)	any such act or omission shall, for the purposes of paragraph (a), be taken to have been committed by the former member in the course of or during his or her principal employment; and
(c)	no court or tribunal may make an order reinstating or having the effect of reinstating the former member as a member of the staff of the Commission.

(3) Section 109 (Protection from liability)—

Omit section 109 (2).

(4) Schedule 1 (Provisions relating to Commissioner and Assistant

Commissioners)—

(a) Omit clause 3. insert instead:

Basis of offices

3. (1) The office of Commissioner is a full-time office.

(2) The office of Assistant Commissioner may be a full-time
office or a part-time office, according to the terms of appointment.

(3) The holder of a full-time office referred to in subclause (1) or (2) is required to hold it on that basis, except to the extent permitted by the Governor.

(b) Clause 8 (Public Sector Management Act 1988)—

4   Act No. 28

Independent Commission Against Corruption (Amendment) 1989

SCHEDULE 1— AMENDMENTS—continued

(5) Schedule 2 (Provisions applying to Appointed Members of Operations

Review Committee)—

Clause 8 (Effect of certain other Acts)—
Omit "Public Service Act 1979", insert instead "Public Sector

Management Act 1988".

[Minister's second reading speech made in—

Legislative Assembly on 5 April 1989 Legislative Council on 18 April 1989]