NSW Exemptions from Validation Provisions for People with Pending ICAC Corrupt Conduct Proceedings

Independent Commission Against Corruption Amendment (Validation) Bill 2023

Independent Bill

31 May 2023: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Council

Legislative Assembly

Assent

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Topics

anti-corruption corrupt conduct legal proceedings limitation periods

Introduced by: Rod Roberts MLC (IND)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

People with Supreme Court proceedings regarding ICAC corrupt conduct findings pending on 8 May 2015 are exempt from the 2015 validation provision.
The time between 8 May 2015 and the date this Act starts is ignored when calculating limitation periods for these proceedings.
These exemptions apply even if the person is deceased; the rules cover proceedings brought on behalf of a deceased person.

News articles and press releases

Independent Commission Against Corruption Amendment (Validation) Bill 2023

The Hon. ROD ROBERTS — 2023-05-31

Honourable members should note that the bill does not propose to open a floodgate of potential litigants. The bill is bespoke and specific in that new section 35A (1) states that section 35—which I will call the validation clause—does not apply in relation to a person who had proceedings pending in the Supreme Court, including the Court of Appeal, on 8 May 2015 in relation to a finding by the commission of corrupt conduct. The bill has been specifically drafted to apply only to the gentlemen that had the undertaking of both the ICAC and the Court of Appeal to have their findings annulled.