New Laws Strengthen Fiji’s Fight Against Corruption

The Fiji Independent Commission Against Corruption (Amendment) Act 2016 has been passed, introducing new measures to enhance the country’s efforts in combating corruption.

Key Changes

• Monitoring and Surveillance Warrants: A new section 10E outlines the requirements for monitoring and surveillance warrants. These warrants will now require specific details, including:
  • Manner by which monitoring is authorized
  • Name of any person or persons to be monitored
  • Place at which monitoring and surveillance are authorized

The High Court Judge will consider factors such as:

+ Nature and gravity of the offence
+ Extent to which privacy may be affected
+ Alternative means of obtaining information or evidence when determining whether a warrant should be granted.

New Provisions

• Oral Applications: Warrants can now be issued through electronic means, such as video conferencing or telephone calls.
• Warrant Revocation: The Commissioner of FICAC has the power to apply to the High Court for a warrant to be revoked if the grounds upon which it was issued cease to exist. A High Court Judge may also revoke a warrant that is still in force.

Other Notable Changes

• Officer Powers and Immunity: Every officer of FICAC is deemed to be on duty at all times and may be detailed for duty in any part of Fiji.
• Protection from Liability: Officers are protected from civil or criminal liability for acts done in good faith while exercising their duties under the Act.
• Prima Facie Evidence: The production of a warrant purporting to be issued by a Magistrate or Justice of the Peace is now prima facie evidence that an act was lawful, providing additional protection for officers acting in accordance with their duties.

Impact

These changes are expected to further strengthen Fiji’s efforts in combating corruption and improving transparency and accountability.