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ARTICLE · 30 SEPTEMBER 2015

NSW Government Bulletin - 23 September 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

Duncan v ICAC

Earlier this month, the High Court handed down its decision in Duncan v Independent Commission Against Corruption [2015] HCA 32 (Duncan v ICAC), unanimously dismissing Mr Duncan's application, which sought a declaration that Part 13 of Schedule 4 of the Independent Commission Against Corruption Act 1988 (NSW) (ICAC Act) was invalid.

Mr Duncan challenged the NSW government's legislative response to the decision of the High Court in ICAC v Cunneen [2015] HCA 14 (the Cunneen decision). The Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW) inserted Part 13 of Schedule 4 into the ICAC Act following the Cunneen decision in order to retrospectively validate findings and activities of the Commission of the type the High Court had found to be outside its powers. For more on Mr Duncan's application see our 12 August edition.

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