Key Points:
The High Court's ruling in Cunneen seems to restrict
the jurisdiction of ICAC to investigate the conduct of third
parties in connection with the discharge of official functions by
public officials.
The decision of the High Court in Independent Commission Against
Corruption v Cunneen [2015] HCA 14 considered the capacity of the
NSW Independent Commission Against Corruption (ICAC) to investigate
alleged corruption by individuals in respect of their dealings with
public officials. The decision is the first judicial consideration
of a key term within the definition of "corrupt conduct"
under the Independent Commission Against Corruption Act 1988 (NSW)
(ICAC Act).
This article highlights the key aspects of the decision and its
likely impact.
