ICAC's Operation ‘Hale’: A Low Point in the History of the Agency

Abstract

In May 2014, a somewhat innocuous motor vehicle accident triggered an unpredictable series of events. The incident involved Deputy Senior Crown Prosecutor, Margaret Cunneen, and led initially to a proposed investigation by the Independent Commission Against Corruption (‘ICAC’) called Operation Hale. The New South Wales (‘NSW’) Court of Appeal and the High Court ruled that the alleged conduct was not corrupt conduct. In response, the NSW Government convened a Review Panel, resulting in the Inspector of the ICAC's Report on Operation Hale, alleging that the ICAC had engaged in unreasonable, unjust and oppressive maladministration. Premier Baird referred the Report to the Parliamentary Committee on the ICAC for review, which led to the tabling of the Inspector's Review of the ICAC. In its October 2016 Report, the Committee made 35 recommendations, including restructuring the ICAC. This restructure, along with other recommendations, has now been enacted. This article discusses this process and its outcomes.