When the Independent Commission against Corruption ( ICAC ) was setup in 1988 by Nick Greiner it's brief was perfectly clear. It was to be a preventive mechanism against corruption in the vast business of government and it had wide ranging powers to carry out that role. It certainly failed in that duty when astronomical profits were made by the corrupt granting of coal mining licenses and leases were renewed without competitive tendering processes - and ICAC became involved long after the horses had bolted - and was tasked with locking the stable door.
The fact that it received a severe rebuke from the High Court when it degenerated into character assassination by going after a public figure in the "Cunneen investigation " should have been a warning to change tack and review it's scope of operations. Instead, it delivered an outburst of sheer arrogance when it demanded that the government "change the law " to validate it's actions in the Cunneen case - and make this retrospective !
ICAC had the gall to tell the highest court in Australia that it got it's findings wrong. That prompted Supreme Court judge Justice David Levine to warn the government to avoid a "knee jerk "reaction which could see ICAC establish itself as a "second police force ".
The world has seen many instances where government agencies have slipped the leash and become agencies of civilian terror. At one stage the vaunted American FBI became subject to the whims of J Edgar Hoover and it's actions ranged far from it's constitution. During the second world war, the Gestapo imposed a reign of terror in the occupied countries of Europe. Curbing the lust for power by agencies under it's control should be the main focus of government.
It is clear that ICAC is not accepting the ruling of the Australian High Court - and appropriate action is needed. It would be appropriate to reform this agency by installing new people - with new attitudes - to clear away the directional thinking that has led to this confrontation between ICAC and the High Court. It is simply a matter of reminding those who now control the levers of power at ICAC that they are servants of the government and that the government governs under the direction of the highest court in the land.
Probably, the wisest course would be to abolish ICAC in it's entirety - and start again. There are probably many good people working for that organization and there is no reason why those with the right attitude could not be reemployed. It is the core thinking that seems to have delusions of what ICAC intends to become that needs change and that can best be served by a wholesale reformation of the entire body politic. Once such a taint enters, it is hard to eradicate by any other means.
It is also obvious that all is not well within the senior ranks of this state's police force. It seems that actions have been taken contrary to the law to blacken character and manipulate promotional prospects and as a result police morale has suffered. It should be of major concern that both the effective crime fighting identities in this state are far from squeaky clean when it comes to the direction in which they are heading - and their control functions.
The government needs to flex it's muscles and make it perfectly clear who is running this show - and that deviating from official policy - has consequences !
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