The National Anti-Corruption Commission (the Commission) is an Australian Government agency that focuses on deterring, detecting, and preventing corrupt conduct involving Commonwealth public officials. In its Corporate Plan 2024-28 the Commission outlines its key activities to achieve its aims.
Detecting corruption
The Commission detects corruption using various methods, such as:
- Voluntary referrals through their online form, phone, or mail.
- Mandatory referrals from agency heads aware of potential serious corruption involving staff.
- Information from media reports or other sources.
- Strategic intelligence and data analysis.
- Findings from ongoing investigations that reveal new corruption issues.
Additionally, the Commission is developing a monitoring and auditing function to ensure compliance with mandatory reporting, assess agency integrity, and identify corruption risks.
Receiving and assessing referrals
The Commission assesses referrals to determine if they fall within its jurisdiction (involving a Commonwealth public official) and if they raise a potential corruption issue, particularly one that is serious or systemic. If necessary, it may request more information from the person who made the referral or conduct a preliminary investigation to gather additional details. The Commission is not obligated to act on every referral but typically responds as a courtesy if contact details are provided.
If a referral raises a corruption issue, the Commission may:
- Investigate the issue, either alone or with another government entity.
- Refer it to the relevant Commonwealth agency for investigation.
- Refer it to another government entity for consideration.
- Decide to take no action.
Conducting investigations
The Commission’s investigation teams gather information on corruption issues by obtaining documents, analyzing data, and interviewing witnesses. Under the NACC Act, the Commission has broad information-gathering powers, including the ability to:
- Compel the production of documents.
- Require individuals to provide information, sometimes through hearings.
- Obtain search warrants, intercept telecommunications, and use surveillance devices.
Commission hearings
The Commissioner can summon individuals to hearings to provide evidence or produce documents. Hearings are typically private, but public hearings may occur in exceptional circumstances, decided on a case-by-case basis.
Finalising an investigation
The Commissioner may discontinue an investigation at any time. Once an investigation is completed, the Commissioner prepares a report for the Attorney General (or for the Prime Minister if the Attorney General is involved), which includes:
- Findings or opinions on the corruption issue, including potential corrupt conduct.
- A summary of the evidence.
- Recommendations and their reasoning.
If criminal conduct is found, the Commission may refer evidence to the Commonwealth Director of Public Prosecutions for potential charges. If a public hearing was held, the report must be tabled in Parliament. The Commissioner may publish reports if it serves the public interest.
Referring allegations to other Commonwealth agencies for investigation
The Commission can refer a corruption issue to the relevant Commonwealth agency for investigation if the agency is capable of handling it. The Commission may choose to oversee or manage the agency’s investigation or allow the agency to investigate independently. The agency may be required to submit periodic updates and a final report to the Commission. The Commission can then provide feedback or recommendations on the investigation, its outcome, and preventive measures to address future corruption risks.
Creating and disseminating corruption prevention information and education
The Commission plays a key role in educating public officials, the public sector, and the general public about corruption risks to strengthen corruption prevention and build a culture of integrity. The goal is to foster resistance to corrupt behaviour, encourage reporting, and create an environment where corruption is strongly opposed.
The Commission provides guidance to help public officials understand their obligations as mandatory reporters of suspected serious or systemic corrupt conduct. It also helps agencies address vulnerabilities to corruption and highlights the importance of integrity in governance.
To broaden public awareness, the Commission speaks at events, publishes resources on its website, and issues media alerts about its activities. It may also conduct public inquiries into corruption risks in areas such as government programs that involve contractors, even without a specific corruption allegation. These efforts promote transparency and serve as a deterrent to corrupt conduct.
Key takeaways
The National Anti-Corruption Commission plays a vital role in deterring, detecting, and preventing corruption involving Commonwealth public officials. Through its multifaceted approach—ranging from assessing referrals, conducting investigations, overseeing agency investigations, and promoting corruption prevention education—the Commission aims to strengthen integrity across government agencies and foster a culture resistant to corrupt conduct.
