Gageler CJ
Gordon J
Edelman J
Steward J
Gleeson J
Jagot J
Beech-Jones J
5.
prevention of such conduct[1] and assisting in improving the capacity of the public sector to prevent such conduct.[2] The definition of "corrupt conduct" is extensive, but it suffices to state that it includes conduct of a public officer or public body that constitutes the dishonest performance of their functions[3] or conduct of any person that adversely affects the honest performance of those functions,[4] provided that such conduct constitutes a "relevant offence" (which includes any indictable offence committed against an Act).[5] IBAC's functions also include reporting on, and making recommendations as a result of, the performance of its duties and functions.[6]
15 IBAC may conduct a preliminary inquiry for the purpose of determining whether to dismiss, refer or investigate a complaint or notification made under the IBAC Act.[7] For the purposes of a preliminary inquiry, IBAC can compel the relevant principal officer of a public body to provide information or produce documents or other things.[8] If, following a preliminary inquiry, IBAC suspects on reasonable grounds that the relevant conduct constitutes corrupt conduct, then it may conduct an investigation.[9]
16 IBAC's powers in relation to an investigation include the compulsory examination of witnesses and production of documents or other things to IBAC.[10]
