The National Anti-Corruption Commission (NACC) helps to combat corruption involving Commonwealth public officials. This includes cases where public officials have allegedly breached public trust, abused their office, or misused information, as well as actions by anyone that adversely affect a public official’s honest or impartial exercise of powers or performance of official duties.
This article explores the NACC’s investigation process.
How does the NACC deal with reports of corruption?
Anyone can report corrupt conduct involving Commonwealth public officials to the NACC. After receiving a referral, the Commissioner can either:
- Investigate the issue alone, or jointly with a Commonwealth agency or a state or territory government entity.
- Refer the issue to the Commonwealth agency that the issue relates to for them to investigate.
- Refer the issue to a Commonwealth agency or state or territory government entity for consideration.
- Take no action.
How does the NACC conduct investigations?
The NACC conducts investigations into corruption using various methods to collect relevant information.
The primary objective of the NACC’s investigation teams is to examine corruption matters and gather evidence to either confirm or refute them. They achieve this by conducting witness interviews, acquiring documents and records, analysing information, and interviewing individuals who are of interest to the investigation.
The NACC possesses a range of powers for gathering information as granted by the National Anti-Corruption Commission Act 2022 (NACC Act) and other applicable legislation. These powers include:
- Authority to demand the submission of documents or other relevant items.
- Authority to compel individuals to provide information, either through participation in a hearing or by producing documents and other relevant items.
- Ability to obtain search warrants for property searches.
- Ability to intercept telecommunications and employ surveillance devices.
NACC hearings
Under the NACC Act, the Commissioner has the power to call upon individuals to participate in a hearing, where they are required to provide testimony or present documents and other relevant items pertaining to a corruption investigation.
If you receive a summons from the NACC to attend a hearing, it is mandatory for you to comply and attend.
By default, hearings are conducted in private. However, in certain exceptional circumstances where it is deemed to be in the public interest, hearings may be held publicly. The decision regarding public hearings is determined on a case-by-case basis.
Finalising an investigation
When conducting an NACC investigation, the Commissioner can decide at any time that no further action is necessary, and discontinue the investigation.
It’s important to note that the NACC does not make determinations of criminal guilt. If evidence of a criminal offence is discovered, a summary of evidence, known as a brief, may be forwarded to the Commonwealth Department of Public Prosecutions (CDPP) for their consideration of potential charges based on the available evidence.
Upon completing an investigation, the Commissioner is obliged to prepare a report for the Attorney-General (unless the report pertains to the conduct of the Attorney-General, in which case it is directed to the Prime Minister). The report must include:
- Findings or opinions of the Commission concerning the corruption matter.
- A summary of the evidence and other pertinent material upon which those findings or opinions are based.
- Any recommendations deemed appropriate by the Commission, along with the rationale behind those recommendations.
If a public hearing was conducted by the Commission, the report must be presented in Parliament.
The Commissioner has the discretion to publish reports when satisfied that it is in the public interest to do so.
