A bill that gives the Independent Commission Against Corruption and the Police Integrity Commission the power to launch prosecutions is set to be defeated in the upper house, with Labor and key crossbench parties voicing strong opposition.
The bill, introduced by NSW Attorney-General Gabrielle Upton, has been criticised by the Greens and the NSW Police Association who believe it removes vital checks on the agencies' power.
Ms Upton argues that the bill, part of which amends the Criminal Procedure Act to ensure police and "public officers" have authority to commence proceedings for common-law offences, simply clarifies the agencies' powers.
It was deemed necessary after two local court judgments questioned ICAC's powers to instigate criminal proceedings.
The cases involved ICAC's bid to launch prosecutions against former NSW minister Ian Macdonald and former union boss John Maitland, who the watchdog has found acted corruptly over mining licences.
But opponents claim it is a concerning departure from the watchdogs' existing roles as strictly investigative agencies.
Despite not opposing the bill in the lower house, Labor has moved an amendment in the upper house that would remove the section from the bill altogether.
A Greens' amendment would make it clear that ICAC, PIC and the Ombudsman do not have the power to launch prosecutions.
The Shooters and Fishers Party is strongly opposed to the change and is seeking a legal opinion, while the Christian Democratic Party will vote against the bill and has urged Ms Upton to withdraw it.
On Saturday, Ms Upton pointed out that in their recent review of ICAC powers, former chief justice of Australia Murray Gleeson and senior barrister Bruce McClintock said the change had merit.She accused Labor of not supporting "a strong ICAC".
But leader of the opposition in the upper house, Adam Searle, said it was "a substantive change" that required debate.
He also argued that the government had given the opposition less than a day to examine the bill in the lower house. Parliament resumes next week.
A spokesman for Ms Upton declined to comment.
