Expressions of interest are currently being sought for the position of Inspector - Independent Commission Against Corruption (ICAC) and Office for Public Integrity (OPI).
About the role
The role of inspector was created by changes to the Independent Commission Against Corruption Act 2012 (the ICAC Act) through amendments contained in the Independent Commissioner Against Corruption (Crime and Public Integrity Policy Committee Recommendations) Amendment Act 2021 (the Amendment Act).
The Inspector replaces the current position of the ICAC Reviewer.
The Inspector can be appointed for a term not exceeding 3 years and on conditions determined by the Governor. At the end of a term of appointment, the Inspector will be eligible for reappointment.
The Inspector is appointed by the Governor to conduct:
- annual reviews examining the operations of the OPI and the ICAC during each financial year
- reviews relating to relevant complaints received by the Inspector
- other reviews on the Inspector's own motion or at the rest of the Attorney-General or the Crime and Public Integrity Policy Committee.
The Inspector is also to perform any other functions conferred on the Inspector by other Acts.
A key responsibility of the Inspector will be to oversee the establishment of the Inspector's Office as set out in the Amendment Act.
In accordance with the Amendment Act, the Inspector must be a person who would be eligible for appointment as the Commissioner of ICAC.
This means you must either be:
- a legal practitioner of at least 7 years standing; or
- a former judge of the High Court of Australia, the Federal Court of Australia, the Supreme Court or any other court of a state or territory of the Commonwealth.
You must not be a judicial officer or member of an Australian Parliament. However, a person who is not appointed as a judicial officer on a permanent basis may be appointed as the Inspector.
A person may only be appointed to be the Inspector if, following referral by the Attorney-General of not less than two candidates (who are qualified for appointment as the Inspector) to the Statutory Officers Committee established under the Parliamentary Committees Act 1991, the appointment has been recommended by at least a two-thirds majority of that Committee.
Despite the Parliamentary Committees Act 1991, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee in accordance with the above, except to the extent allowed by the Attorney-General.
In addition, the Amendment Act provides that the Inspector is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.
The powers and responsibilities are set out in section 59 of the Amendment Act.
First annual review
Section 75 requires the first annual review undertaken by the Inspector to consider whether undue prejudice to the reputation of any person was caused by:
- the Commissioner
- employees of the Commissioner
- employees of the Office under the Independent Commissioner Against Corruption Act 2012 (as in force at any time before the commencement of the Amendment Act).
If the Inspector finds this to be the case, the Inspector may:
- publish any statement or material the Inspector thinks will help to alleviate that prejudice; or
- recommend the Commission pay an amount of compensation to the person.
Recommendations about reimbursements
Section 75 also states that the Inspector may make recommendations to the Attorney-General in relation to the making of ex gratia payments as reimbursement of legal costs incurred by persons the subject of, or required to participate in, any investigation under the Independent Commissioner Against Corruption Act 2012 (being costs incurred before the commencement of section 59A of the ICAC Act (as inserted by the Amendment Act.)
How to apply
You must submit:
- a current CV
- an application letter addressing the selection criteria
- a criminal history check
- the names of three referees.
Expressions of interest can be submitted via email using the button below to:
Joanna Martin - Attorney-General's Department
Please mark your email Confidential: Inspector, ICAC & OPI
The closing date for expressions of interest is 5pm Friday 26 August 2022.
For queries, contact Joanna Martin - (08) 8207 1771