NSW PARLIAMENTARY REPORT INTO ROSEHILL REDEVELOPMENT REFERRED TO INDEPENDENT COMMISSION AGAINST CORRUPTION (ICAC)
The NSW Parliament’s Select Committee on the proposal to develop Rosehill Racecourse has been referred to ICAC, with the Committee’s report released on 6 December 2024.
The Committee was established to inquire into and report on the proposal to develop Rosehill Racecourse, and in particular: the unsolicited proposal process including associated probity measures, the involvement of the Government prior to the unsolicited proposal being made, the role of the proposal in meeting housing targets, impacts on the cost and delivery of the Sydney Metro, potential impacts on parkland in Western Sydney, impacts on the racing industry in NSW, the impact on animal welfare and any integrity concerns associated with the proposal which relate to animal welfare.
The media earlier this week pre-empted the release of the report by suggesting that the Committee was going to refer Premier Minns to ICAC. This was incorrect and it was the report itself that was resolved to be referred to ICAC, as opposed to the Premier being personally referred. Nevertheless, the report accused the Premier of failing to declare a conflict of interest in regards to his more than 20-year friendship with the Australian Turf Club’s Head of Corporate Affairs and Government Relations, Steve McMahon, who the Premier had been approached by and met with to discuss the proposed redevelopment. The Turf Club owns the Rosehill site.
The Committee found that a meeting between the Premier and Mr McMahon in relation to the proposal was inappropriately disclosed in the Premier’s diary as a “meet and greet”. The Committee said in a statement that this “was inaccurate, misleading and did not adequately describe the purpose of this meeting. It was inappropriate given the long-standing friendship of Mr McMahon and the Premier and the nature of the matter discussed at the meeting.”
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PREMIER DENIES CORRUPTION AND CRITICISES REFERRAL AS BASELESS AND WITHOUT FACTS
The Premier pre-empted the announcement by denying he engaged in corruption and calling the purported referral completely unsubstantiated, disgraceful and labelling it an old-fashioned smear, whilst stating that there was no evidence to warrant the referral. He argued that the politicisation of ICAC has occurred for a very long time in NSW and is a leading reason why people don’t enter politics. He stated that this move by the Committee was making the construction of new homes in Sydney almost impossible. The Premier was supported by his Labor colleagues, with the NSW Health Minister Ryan Park stating that he would be surprised if the claims went any further.
WHAT IS ICAC?
ICAC was formed in 1988 through the Independent Commission Against Corruption Act 1988 (ICAC Act) as an independent organisation to protect the public interest, prevent breaches of public trust and guide the conduct of public officials in the NSW public sector. The ICAC Act defines its principal functions, which are to investigate and expose corrupt conduct in the NSW public sector, actively prevent corruption through advice and assistance, and educate the NSW community and public sector about corruption and its effects.
Whilst ICAC may investigation corruption and release findings, it does not have the authority to convict anyone of a crime. ICAC may decide to refer matters to the NSW Office of the Director of Public Prosecutions. The matter may then be prosecuted by the Public Sector Prosecutions Unit (PSPU). It is through this process that an individual who had adverse findings of corruption made against them by ICAC may be subject to criminal proceedings.
WHAT IS CORRUPT CONDUCT UNDER THE ICAC ACT?
Sections 7, 8 and 9 of the ICAC Act define corrupt conduct. Its definition is broad and lengthy, and includes, but is not limited to “any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority.” The ICAC Act 1998 also defines corrupt conduct as “any conduct of any person (whether or not a public official) that impairs, or that could impair, public confidence in public administration and which could involve any of the following matters.”
Despite the definitions contained within the ICAC Act, the same legislation states that such conduct does not amount to corrupt conduct unless it could constitute or involve a criminal offence, or a disciplinary offence, or reasonable grounds for dismissing, dispensing with the services of or otherwise terminating the services of a public official, or in the case of conduct of a Minister of the Crown or a member of a House of Parliament—a substantial breach of an applicable code of conduct.
THE CRIMINAL OFFENCE OF CORRUPTION WITHIN THE CRIMES ACT 1900 (NSW)
The main form of corrupt conduct within the Crimes Act 1900 (NSW) is the solicitation and receipt of a corrupt commission or reward. Examples of this include illicit payments made by business operators and individuals to public sector employees and local Councils for favourable treatment in decision-making, the awarding of contracts and other work.
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