Investigating Corruption and Misconduct in Public Office
Commissions of Inquiry - Powers and Procedures
By: Peter M. Hall
Increasingly, legal professionals, corruption investigators and public sector senior executives must address issues surrounding the identification and elimination of corruption. This new book covers the substantive principles regarding responsibilities of public office, propriety/impropriety and corruption. It complements this coverage with practical principles, techniques and strategies for investigating and preventing corruption. Topics include: public integrity, public trust obligations and corrupt offences; Independent Commission Against Corruption (NSW), National Crime Authority and other State-based Crime Commissions; anti-corruption and organised crime organisations and their investigations, including the hearing and judicial review processes, procedural fairness requirements and privileges, and immunities and indemnities.
AI Overview
Title: "Investigating Corruption and Misconduct in Public Office: Commissions of Inquiry – Powers and Procedures" by Peter M. Hall
Overview: The book "Investigating Corruption and Misconduct in Public Office: Commissions of Inquiry – Powers and Procedures" by Peter M. Hall is a comprehensive legal treatise that examines the law concerning the jurisdiction, powers, and inquisitorial processes of commissions of inquiry, particularly in the context of investigating corruption and misconduct in public office.
Key Themes:
- Jurisdiction and Powers of Commissions of Inquiry: The book delves into the legal framework governing commissions of inquiry, including their jurisdiction and the powers they can exercise to investigate corruption and misconduct.
- Inquisitorial Processes: It provides an in-depth analysis of the investigative procedures used by these commissions, including the methods they employ to gather evidence and conduct hearings.
- Civil Rights and Protections: The author discusses the potential impact on fundamental civil rights such as the right to privacy, the right of silence, the privilege against self-incrimination, and the right to reputation during these investigations.
- Historical and Legal Context: The book offers a historical treatment of the concept of public trust and detailed discussions of bribery and corruption offenses, providing a broad legal context for understanding corruption in public office.
Plot Summary:
The book is structured to provide a systematic examination of the functions, powers, and procedures of standing commissions of inquiry and federal and state royal commissions. It covers a wide range of topics, including:
- General Principles of Corruption: The book begins with a general discussion on corruption and bribery, setting the stage for the detailed legal analysis that follows.
- Historical Perspective: It provides a historical perspective on the concept of public trust, which is crucial in understanding the legal framework for investigating corruption.
- Legal Offenses: The author delves into the legal offenses related to bribery and corruption, offering a detailed treatment of these crimes.
- Investigative Procedures: The book explores the various investigative procedures used by commissions of inquiry, including the methods for gathering evidence and conducting hearings.
Critical Reception:
The book has received positive reviews for its comprehensive and authoritative approach to the subject matter. Here are some key points from the critical reception:
- Essential for Practitioners: The book is considered essential for anyone appearing in commissions of inquiry, as it provides a thorough understanding of the legal framework and procedures involved.
- Exhaustive Analysis: The author's exhaustive analysis of the subject has been praised for its depth and breadth, making it a valuable resource for both legal professionals and scholars.
Editions and Publication:
The book was first published in 2004 by the Lawbook Company, with a second edition available. The second edition provides accessible, authoritative, and practical information about anti-corruption measures and procedures.
In summary, "Investigating Corruption and Misconduct in Public Office" by Peter M. Hall is a seminal work in the field of anti-corruption law, offering a comprehensive and authoritative analysis of the legal framework governing commissions of inquiry. Its detailed examination of jurisdiction, powers, and inquisitorial processes, along with its historical and legal context, makes it an essential resource for anyone involved in investigating corruption and misconduct in public office.