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How do we investigate?

Find out what the Commissioner can and cannot do in the course of an investigation.

Private investigations

All investigations undertaken by the Commissioner are conducted in private as required by legislation.

Investigation powers

The Commissioner has significant powers to assist him in corruption investigations.

The Commissioner has the power to:

  • require an inquiry agency, public authority or public officer to produce a written statement
  • require someone to attend at an examination to give evidence and to produce documents and other things
  • compel a person by notice to produce documents and other things
  • inspect and take copies of a person’s financial records
  • authorise an investigator or police officer to enter and search certain premises and property and to seize and retain documents and other things
  • access various covert surveillance capabilities

The Commissioner also has a number of powers available to him when investigating serious or systemic misconduct or maladministration.

The Commissioner has the power to:

  • enter and inspect buildings, places and other things
  • summons witnesses
  • summons the production of documents
  • examine witnesses on oath, affirmation or declaration

Standard Operating Procedures

The ICAC Act requires the Commissioner to publish on his website the standard operating procedures that govern the exercise of powers by ICAC investigators.

Standard Operating Procedure Guidelines (PDF)
1   Production of statement of information
2   Require a person to disclose identity
3   Enter and search warrants
4   Seizure and retention orders
5   Arrest
6   Inspection of financial records

Examinations

The purpose of an examination is to gather evidence.

The Commissioner or an Examiner can require you to attend an examination.  

Witnesses are required to take an oath or affirmation and to give truthful evidence.

All examinations are conducted in private and all witnesses may be represented by legal counsel.

ICAC Examination Process Fact Sheet