High Court limits ICAC’s role: What are the consequences?

The High Court's decision in Independent Commission Against Corruption (ICAC) v Cunneen [2015] HCA 14 limits ICAC's power to investigate corruption involving the actions of members of the public to circumstances in which those actions impact on the probity of the exercise of the official function of public servants.

This decision will impact on the scope of both current and future inquiries by ICAC, may result in some previous findings being overturned and is likely to be the catalyst for a discussion around law reform.

BACKGROUND

In late 2014, the Independent Commission Against Corruption (ICAC) served a summons on Margaret Cunneen SC (the Deputy Senior Crown Prosecutor of the State of NSW) requiring her to appear at a public inquiry. The summons alleged that Ms Cunneen, with the intention to pervert the course of justice, counselled Sophia Tilley (who was at the time the girlfriend of Ms Cunneen's son) to feign chest pains to avoid a blood alcohol test