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ARTICLE · 17 AUGUST 2015

NSW Government Bulletin - 12 August 2015

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The bulletin has links to media releases, reports, cases, legislation and other issues of interest to government lawyers.

AustraliaGovernment, Public Sector

The High Court has reserved its decision on whether to strike down legislative amendments which solidify the powers of the NSW corruption watchdog.

On 5 August 2015, proceedings were heard in the High Court brought by Mr Travers Duncan challenging the newly inserted Part 13 in Schedule 4 of the Independent Commission against Corruption Act 1988  (NSW) (the ICAC Act), which purported to validate the ICAC's decisions regarding corrupt conduct. 

The laws were introduced by the NSW Government following the High Court's decision earlier this year in ICAC v Cunneen  [2015] HCA 14 (read more here).  

InCunneen, it was held that the ICAC had been misinterpreting "corrupt conduct" in the ICAC Act to include conduct that adversely affects not only the probity but also the efficacy  of the exercise of official functions. 

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