Accountability

While the Inspector is a key part of the ICAC’s accountability regime, the Inspector is accountable to the Parliamentary Joint Committee on the ICAC (the Joint Committee). This is the same Joint Committee to whom the ICAC reports.

The functions of the Joint Committee are set out under Part 7 of the ICAC Act. The key functions of the Joint Committee which affect the Inspector are:

• under s.64A, to examine the proposed appointment of a person to the position of the Inspector and to veto the proposal if considered appropriate;

Under s.64, to:

• monitor and review the exercise of the ICAC and the Inspector’s functions;
• report to both Houses of Parliament, with such comments as it thinks fit, on any matter appertaining to the ICAC and the Inspector;
• examine each annual and other report of the ICAC and the Inspector and report to both Houses of Parliament on any matter appearing in, or arising out of, any such report;
• examine trends and changes in corrupt conduct and practices and methods relating to corrupt conduct and report to both Houses of Parliament any change which the Joint Committee thinks desirable to the functions, structures and procedures of the ICAC and the Inspector.

Section 64(2) of the ICAC Act, however, prohibits the Joint Committee from investigating a complaint which has been investigated by the Inspector or the ICAC or reconsidering the findings, recommendations, determinations or other decisions of the ICAC in relation to a particular investigation or complaint.