In its pursuit of combating corruption within the Commonwealth public sector, the National Anti-Corruption Commission (the Commission) faces a demanding and intricate operational landscape.
This article delves into the various facets of its operating context, as outlined in its 2023-2027 Corporate Plan.
Operating environment
The National Anti-Corruption Commission faces high public expectations in combatting corruption within the Commonwealth public sector. It must engage with other Commonwealth agencies for prevention and investigation, creating complexity. While not secretive about its existence, the Commission recognises the importance of exposing corruption while operating as transparently as possible. It will conduct public hearings when necessary, deviating from the usual private proceedings when in the public interest.
Oversight
The Commission operates under various forms of oversight to ensure transparency and accountability. These oversight bodies include:
Parliamentary Joint Committee for the NACC (PJC-NACC)
- Reviews certain appointments and reports related to the Commission and Inspector.
- Monitors corruption trends and recommends changes to the Commission’s functions, powers, procedures, structure, and staffing.
- Assesses the sufficiency of the Commission’s budget and finances but cannot review operational decisions or activities.
Inspector of the National Anti-Corruption Commission
- Independently investigates serious or systemic corrupt conduct within the NACC.
- Addresses complaints about the NACC.
- Audits the Commission’s operations to ensure compliance with Commonwealth laws and detect any agency maladministration or officer misconduct.
- Can conduct joint investigations with the Commissioner, AFP, or state/territory police services.
Office of the Commonwealth Ombudsman
- Regularly inspects the Commission’s use of intrusive powers, including Telecommunications Interception, Controlled Operations, and Surveillance Devices.
- Conducts “health checks” to assess the Commission’s compliance culture.
Annual reporting to the Attorney-General
- The Commission is required to report annually to the Attorney-General regarding its use of specified powers, such as Telecommunications Interception and Surveillance Devices.
- After the conclusion of each warrant, the Commission provides reports to the Attorney-General on the warrant obtained and its effectiveness.
Auditor-General’s jurisdiction
- The Commission is subject to the jurisdiction of the Auditor-General, who conducts annual audits of its financial statements.
These oversight mechanisms ensure that the NACC operates within legal boundaries, maintains transparency, and upholds a high standard of compliance in its anti-corruption efforts.
Commonwealth Integrity
The Commission is dedicated to championing integrity in governance. To achieve this, it will:
- Participate in the Integrity Agencies Group (IAG), whose mission is to centralise integrity in the public sector and enhance transparency. The IAG includes select Commonwealth Integrity Agencies.
- Leverage Outcomes from the Prime Minister and Cabinet (PM&C) Integrity Taskforce which aims to create a comprehensive plan to bolster integrity in the Australian Public Service (APS).
The Commission’s jurisdiction overlaps with various Commonwealth integrity agencies, such as the Commonwealth Ombudsman, the Auditor-General, and the AFP Commissioner, amongst others. The Commission’s functions encompass supervising corruption investigations carried out by other Commonwealth agencies.
The Commission’s approach to investigations follows the principle of complementarity. Generally, it refrains from investigating matters already handled by integrity agencies, provided they demonstrate independence and impartiality. However, the Commission may step in if there are concerns about an agency’s independence or capacity, or if its unique powers could be advantageous. Additionally, the Commission can conduct joint investigations with other integrity agencies, benefitting from their specialised knowledge and the Commission’s distinctive powers.
Relationship with intelligence agencies
The Commission holds jurisdiction over intelligence agencies, a domain that also falls within the purview of the Inspector-General of Intelligence and Security (IGIS). Whenever the Commission identifies a corruption issue with any connection to a security matter, it is obligated to engage in consultation with the head of ASIO.
In cases where the Commission intends to exercise its authority to request information or documents from an IGIS official that pertain to, originate from, or involve the activities of an intelligence agency, it must initiate consultations with the head of that intelligence agency. While the Commission is not bound by the head’s opinions, it is required to give due consideration to their input.
Furthermore, the Commission is committed to establishing agreements with heads of agencies within the National Intelligence Community (NIC) as mandated by Section 239(1) of the NACC Act. These agreements govern the acquisition, storage, access, use, and disclosure of intelligence information concerning an intelligence agency.
Key takeaways
The National Anti-Corruption Commission operates within a complex and tightly regulated environment, driven by the imperative to combat corruption within the Commonwealth public sector. It navigates the high expectations of the public, works under meticulous oversight, champions integrity in governance, and manages its jurisdiction over intelligence agencies with vigilance. Through these mechanisms and principles, the Commission strives to fulfill its mission while upholding transparency, accountability, and compliance with the law.
