New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 18

18 Court proceedings

(1) The Commission may do any or all of the following:

(a) commence, continue, discontinue or complete any investigation,

(b) furnish reports in connection with any investigation,

(c) do all such acts and things as are necessary or expedient for those purposes,

despite any proceedings that may be in or before any court, tribunal, coroner, Magistrate or other person.

(2) If the proceedings are proceedings for an indictable offence and are conducted by or on behalf of the Crown, the Commission must, to the extent to which the Commission thinks it necessary to do so to ensure that the accused’s right to a fair trial is not prejudiced:

(a) ensure that, as far as practicable, the investigation is conducted in private during the currency of the proceedings, and

(b) give directions under section 112, having effect during the currency of the proceedings, and

(c) defer making a report to Parliament in relation to the investigation during the currency of the proceedings.

(2A) Subsection (2) does not apply:

(a) (in the case of committal proceedings) before the commencement of the committal hearing, that is, the commencement of the taking of the evidence for the prosecution in the committal proceedings, and

(b) (in any other case) after the proceedings cease to be proceedings for the trial of a person before a jury.

(3) This section has effect whether or not the proceedings commenced before or after the relevant investigation commenced and has effect whether or not the Commission or an officer of the Commission is a party to the proceedings.