The Department of Justice says it is appropriate for the Independent Commission Against Corruption to conduct a criminal investigation into allegations against former ICAC commissioner Timothy Tong.

The current commissioner, who was not involved in the alleged misconduct, will lead a dedicated team to investigate the matter.

The department said today there is sufficient basis for a criminal investigation into allegations of possible misconduct in public office and bribery offences.

It said although Police have the expertise to investigate criminal offences, the commission is a specialist investigation body, and in addition to its vast knowledge and experience in handling such complaints, has an established internal team for investigating allegations of wrongdoing or abuse by its officers.

The department has not formed a view on whether to prosecute, as such a decision will be made after a criminal investigation is done.

The commission sought legal advice from the Secretary for Justice in response to public complaints about its former commissioner, and will seek legal advice from the Director of Public Prosecutions to ensure impartiality.