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ARTICLE · 16 APRIL 2015

NSW Government Bulletin - 15 April 2015

Holding Redlich
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This bulletin has links to recent media releases, reports, cases and other issues of interest to NSW government lawyers.

AustraliaGovernment, Public Sector
Sylvia Fernandez (Formerly With Holding Redlich)
Sylvia Fernandez (Formerly With Holding Redlich)
Christine Jones
Christine Jones
Kim Nguyen
Kim Nguyen
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The High Court of Australia has today handed down its decision in Independent Commission Against Corruption v Cunneen [2015] HCA 14, with the majority dismissing the ICAC's appeal from the decision of the NSW Court of Appeal.

The principal question for determination by the High Court was what is meant by the words "adversely affects, or that could adversely affect ... the exercise of official functions by any public official" in the definition of "corrupt conduct" in s 8(2) of the Independent Commission Against Corruption Act 1988 (NSW) (the Act).

The majority, compromising their Honours French CJ, Hayne, Kieffel and Nettle JJ preferred the meaning:

adversely affect or could adversely affect the probity of the exercise of an official function by a public official,

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