The National Anti-Corruption Commission (the Commission) was established to prevent, detect, investigate and report on serious or systemic corruption in the Commonwealth public sector, such as abuse of office or breach of public trust.
In its 2023-27 Corporate Plan, the Commission states that it will achieve its purpose through the delivery of five key activities:
- Providing corruption prevention education and information.
- Detecting corruption.
- Receiving and assessing referrals of alleged corrupt conduct.
- Conducting investigations into corruption issues that could involve serious or systemic corrupt conduct.
- Referring allegations of corrupt conduct to Commonwealth agencies for investigation.
This article explores the key activities of the Commission as outlined in the report.
Corruption prevention and education
- Guidance for public officials: The Commission provides guidance to public officials, emphasising the importance of integrity in governance and assisting mandatory reporters in understanding their duty to report suspected corrupt conduct.
- Public engagement: It actively engages with the public and participates in events like symposiums to promote its role and the concept of integrity.
- Public inquiries: It conducts inquiries into corruption risks and takes preventive measures, even when specific allegations are absent, such as in government-contracted programs.
- Resource development: The Commission regularly publishes corruption prevention and integrity resources on its website to enhance public understanding.
- Transparency and deterrence: Media alerts are issued to inform the public about its activities, increasing transparency and deterring corrupt behaviour.
Detecting corruption
- Voluntary referrals: Individuals can report suspected corrupt conduct through the Commission’s online webform, by calling it’s telephone helpline, or by using Australia Post.
- Mandatory referrals: Agency heads are obligated to report corruption concerns involving their staff, particularly serious or systemic corrupt behaviour.
- Media reports and commission-initiated investigations: The Commission may initiate investigations based on media reports or information it receives, uncovering potential corruption issues.
- Strategic intelligence and data analysis: It conducts its own intelligence analysis and data scrutiny, often identifying corruption concerns during investigations that warrant further inquiry.
Receiving and assessing referrals of alleged corrupt conduct
- Assessment process: The Commission evaluates referrals to determine if they involve Commonwealth public officials and potentially raise corruption issues. If there’s insufficient information, it may request more details.
- Discretionary response: It has the discretion to decide whether to take action in response to referrals.
- Response options: When a corruption issue is identified, the Commission can:
- Conduct preliminary investigations: Gather more information and assess the severity.
- Initiate full investigations: If necessary, conduct independent or collaborative investigations.
- Refer to relevant agencies: Direct issues to appropriate agencies for investigation.
- Take no action: Choose not to proceed based on circumstances.
- Flexibility: The Commissioner retains the authority to adjust the response strategy as needed.
- Coercive powers: During preliminary investigations, the Commissioner may use coercive powers, such as compelling persons to provide certain information, documents, or things.
Investigating cases that could involve serious or systemic corruption
- Investigation methods: The Commission’s teams employ various techniques when conducting investigations, such as interviews, document retrieval, and data analysis, to substantiate or refute allegations.
- Investigative powers: The Commission has extensive powers, including compelling document production, obtaining information through hearings, and using search warrants, surveillance, and telecommunications interception.
- Commission hearings: The Commissioner can summon individuals to attend hearings, which are typically private, though exceptions may be made based on exceptional circumstances and public interest.
- Conclusion of investigations: The Commissioner can decide to discontinue an investigation if further action is unnecessary. The Commission does not make criminal guilt determinations; instead, evidence of criminal offences is referred to the Commonwealth Director of Public Prosecutions.
- Reporting: After completing an investigation, a report is prepared for the Attorney-General. This report includes findings, evidence summaries, recommendations, and can be tabled in Parliament if a public hearing was conducted. The Commissioner may also publish reports if it is in the public interest to do so.
Referring corruption allegations to Commonwealth agencies
The Commissioner has the authority to handle corruption issues by referring them to the relevant agency, provided the Commissioner is confident in the agency’s ability to conduct the investigation. The Commissioner can choose to oversee or let the agency independently handle the investigation.
After the agency finishes its inquiry, it may need to submit a final report to the Commissioner. The Commissioner can then offer comments or recommendations regarding the investigation, its findings, and potential measures to address ongoing corruption risks.
Jurisdiction of the Commission
The Commission can only investigate matters relating to Australian Government public officials, including ministers, parliamentarians and their staff, and staff members of Commonwealth agencies.
It is not able to investigate concerns relating to state, territory, or local government officials. Each state and territory has a similar integrity or anti-corruption commission, such as the NSW Independent Commission Against Corruption (ICAC), that may be able to investigate those matters.
Key takeaways
In its 2023-27 Corporate Plan, the National Anti-Corruption Commission outlines key activities that will allow it to achieve its purpose of preventing, detecting, investigating, and reporting on serious or systemic corruption in the Commonwealth public sector. These activities include: corruption prevention and education; detecting corruption; receiving and assessing referrals of alleged corrupt conduct; investigating cases that could involve serious or systemic corruption; and referring corruption allegations to Commonwealth agencies.