NSW Libs side with Greens to block special ICAC powers

The NSW Liberals joined with the Greens to stop the corruption watchdog being given expanded powers, prompting Special Minister of State John Graham to question the opposition’s motives.

The Independent Commission Against Corruption sought, and was granted, special powers in 2023 that temporarily exempted it from restrictions on possessing and using unlawful recordings of private conversations made by others.

The ICAC has not revealed why it sought the powers, but the request was made during its long-running investigation into fugitive Sydney property developer Jean Nassif’s links to Liberal Party figures.

The Minns Labor government introduced a bill to parliament late last year to make those powers permanent, but it was blocked in the upper house late on Thursday night after Coalition and the Greens voted against it.

The ICAC’s initial request raised the prospect that secret recordings would feature in a future public inquiry into alleged dealings between Nassif and members of the Liberal Party. That inquiry has yet to be announced by the ICAC.

Nassif’s construction company, Toplace, which he ran before fleeing to Lebanon as his empire collapsed in December 2022, owes creditors billions. An arrest warrant was issued for Nassif in June 2023 over an alleged bank fraud.

In 2022, NSW Liberal MP Ray Williams made extraordinary claims in parliament that he had heard allegations that senior members of his party had been “paid significant funds in order to arrange to put new councillors on The Hills Shire Council” who would support future development applications for Nassif’s company.

Williams’ claims prompted a parliamentary inquiry just weeks before the March 2023 state election, which investigated alleged links between Liberal councillors on Hills Shire Council and Nassif. The inquiry delivered a scathing report, in which it said it faced unprecedented and co-ordinated attempts from witnesses to avoid summons.

Nassif did not attend the inquiry, insisting he was too unwell to travel from rural Lebanon. The inquiry’s report found no parliamentary committee had ever faced such “serious, deliberate and co-ordinated attempts by witnesses to evade service of a summons”.

In debating the bill to give the corruption watchdog the extended powers, Liberal MPs argued that the ongoing surveillance request would “pay too little respect to the rights of the individual”.

“In a free society, surely we should be able to assert limits on surveillance and protect our privacy,” upper house Liberal MLC Susan Carter told parliament. “There has been cross-party agreement on that proposition for decades. Why is the government now trying to change that approach?”

Graham called “for members to back our integrity agencies to do their jobs” insisting the “primary aim is to remove obstacles for investigative agencies, including ICAC, to investigate and prosecute crime and corruption.”

“The opposition’s position raises the question: What does the opposition have to hide?” Graham said.

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