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| Independent Commissioner Against Corruption (Western Australia) | |
|---|---|
| Post | Independent Commissioner Against Corruption |
| Body | Western Australia |
| Incumbent | **(See article body)** |
| Residence | Perth |
| Nominator | Premier of Western Australia |
| Appointer | Governor of Western Australia |
| Inaugural | John McKechnie |
| Formation | 2004 |
| Website | **See article body** |
Independent Commissioner Against Corruption (Western Australia)
The Independent Commissioner Against Corruption in Western Australia is a statutory office established to investigate allegations of serious misconduct by officers of the Public Sector Commission, Western Australian Police Force, and other public entities in Western Australia. The office operates under the Corruption and Crime Commission Act 2003 (Western Australia), subsequent reforms influenced by inquiries such as the Royal Commission into Institutional Responses to Child Sexual Abuse and legislative developments in the Parliament of Western Australia. The role intersects with institutions including the Supreme Court of Western Australia, Corruption and Crime Commission (Western Australia), and national bodies like the Australian Commission for Law Enforcement Integrity.
The creation of the Independent Commissioner followed debates in the Parliament of Western Australia responding to scandals involving agencies such as the Western Australian Police Force and local councils including City of Perth. Early proposals referenced models from the Independent Commission Against Corruption (New South Wales), the Independent Broad-based Anti-corruption Commission (Victoria), and the Crime and Corruption Commission (Queensland). The inaugural holder, John McKechnie, took office after reforms stemming from reports by judicial figures and parliamentary committees including inquiries chaired by members of the Legislative Assembly of Western Australia and the Legislative Council of Western Australia. Subsequent developments involved interplay with the Corruption and Crime Commission (Western Australia) Act and amendments influenced by jurisprudence from the High Court of Australia and decisions of the Supreme Court of Western Australia.
The office conducts independent inquiries into allegations involving personnel from the Department of Health (Western Australia), Department of Education and Training (Western Australia), local governments such as the City of Fremantle, and statutory authorities including the Water Corporation (Western Australia). Functions include receiving complaints from entities like the Public Sector Commission (Western Australia), making findings that may be referred to the Director of Public Prosecutions (Western Australia), and recommending administrative or disciplinary action to ministers in the Government of Western Australia. The Commissioner liaises with federal agencies such as the Australian Federal Police and the Australian Commission for Law Enforcement Integrity when matters cross jurisdictions involving entities like the Commonwealth Scientific and Industrial Research Organisation or the Reserve Bank of Australia branch in Perth.
The Commissioner is nominated by the Premier of Western Australia and appointed by the Governor of Western Australia following consultation with parliamentary leaders from parties including the Australian Labor Party (Western Australian Branch), the Liberal Party of Australia (Western Australian Division), and the National Party of Australia (WA). Tenure conditions are defined by state legislation and informed by standards from bodies like the Australian Bar Association and decisions of the High Court of Australia. Appointees often have backgrounds in the Supreme Court of Western Australia, the Office of the Director of Public Prosecutions (Western Australia), or academia such as the University of Western Australia law faculty.
The office exercises powers to compel witness testimony, obtain documents from agencies such as the Department of Mines, Industry Regulation and Safety (Western Australia), and conduct covert operations consistent with warrants issued under state law and oversight arrangements related to the Australian Security Intelligence Organisation and judicial authorization from courts including the Magistrates Court of Western Australia. Procedures require adherence to principles set by authorities including the Law Reform Commission of Western Australia and the Ombudsman Western Australia to protect rights highlighted in cases before the High Court of Australia. Investigations may culminate in reports tabled in the Parliament of Western Australia and communicated to ministers overseeing portfolios like the Treasury (Western Australia) or the Department of Transport (Western Australia).
Oversight mechanisms include parliamentary scrutiny by committees such as the Joint Standing Committee on the Corruption and Crime Commission and external review by officials from the Office of the Auditor General (Western Australia). Judicial review by the Supreme Court of Western Australia and appeal processes engage the Legal Aid Commission of Western Australia when representation is required. The office is accountable to the Parliament of Western Australia and subject to integrity frameworks influenced by national standards from the Australian National Audit Office and intergovernmental agreements with entities like the Council of Australian Governments.
Notable inquiries overseen by or referred to the Commissioner have involved allegations connected to the Western Australian Police Force, municipal councils such as the City of Perth and Shire of Dardanup, and statutory entities including the Metropolitan Redevelopment Authority (Western Australia). High-profile matters intersected with prosecutions pursued by the Director of Public Prosecutions (Western Australia) and drew media attention from outlets such as the Australian Broadcasting Corporation and the West Australian. Some investigations prompted legislative reviews in the Parliament of Western Australia and referrals to federal agencies including the Australian Federal Police.
The Commissioner collaborates with the Corruption and Crime Commission (Western Australia), the Ombudsman Western Australia, and the Public Sector Commission (Western Australia) while coordinating with Commonwealth bodies such as the Australian Commission for Law Enforcement Integrity and the Australian Federal Police when matters have cross-jurisdictional elements. Memoranda of understanding and operational protocols align the office with the Director of Public Prosecutions (Western Australia), the Western Australian Police Force, and civil oversight institutions including the Office of the Auditor General (Western Australia) to streamline referrals, prosecutions, and systemic reform recommendations.
Category:Western Australian public offices Category:Anti-corruption agencies