New South Wales Consolidated Acts New South Wales Consolidated Acts(s 18 ICAC Act)
(1) The Commissioner may do any or all of the following, despite any proceedings that may be in or before any court, tribunal, coroner, Magistrate or other person:(a) commence, continue, discontinue or complete the Commission’s inquiry and any part or aspect of that inquiry,(b) furnish any report in connection with that inquiry or any part or aspect of that inquiry,(c) all such acts and things as are necessary or expedient for those purposes.
(2) If the proceedings are proceedings for an indictable offence and are conducted by or on behalf of the Crown, the Commissioner may, to the extent to which the Commissioner thinks it necessary to do so to ensure that the accused’s right to a fair trial is not prejudiced:(a) order any hearing or other matters relating to the inquiry are conducted in private during the currency of the proceedings, and(b) give directions under section 27 (Publication of evidence etc), having effect during the currency of the proceedings.
(3) 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.
(4) This section has effect whether or not the proceedings commenced before or after the Commission’s inquiry commenced and has effect whether or not the Commission, the Commissioner or an officer of the Commission is a party to the proceedings.