NACC update on referrals and investigations

The National Anti-Corruption Commission (NACC) began on 1 July 2023, with an aim to deter, detect and prevent serious corrupt conduct involving Commonwealth public officials.

In a media alert published on 20 December 2023, the NACC provided an update on its activities from 1 July 2023 to 17 December 2023. The report outlined the number of referrals received, the assessment process, and the status of investigations.

 

Assessment of referrals

During the specified period, the Commission received a substantial 2,327 referrals. The assessment process involves two key stages:

  1. Triaging – The NACC considers whether the referral is in its jurisdiction and raises a corruption issue.
  2. Determining whether and how to investigate the issue raised by the referral.

 

Exclusions and referrals pending triage or assessment

Since the establishment of the NACC, 1,790 referrals were excluded at the triage stage for not involving a Commonwealth public official or not raising a corruption issue. This means that 77 percent of referrals could not be investigated by the NACC.

As of 20 December 2023:

  • 107 referrals are pending triage.
  • 53 referrals are in active triage.
  • 167 referrals are under assessment.

It’s important to note that some referrals may be duplicates, and administrative nuances can lead to variations between itemised figures and the total number of referrals.

 

Investigations

Since being established, the NACC has initiated 14 preliminary investigations aimed at determining whether there is a corruption issue that warrants further investigation. Preliminary investigations grant the Commission the authority to use investigatory powers, such as compelling the provision of information or documents.

As of the publication date, 10 new investigations have been opened, and four corruption issues have been referred to relevant Commonwealth agencies for further investigation.

Additionally, the Commission is actively working on six investigations inherited from the former Australian Commission for Law Enforcement Integrity.

The Commission emphasised its policy of not commenting on ongoing investigations to prevent compromising operational activities or unfairly impacting reputations.

 

Key takeaways

The NACC, since its inception on 1 July 2023, is actively countering corruption. Despite excluding 77 percent of referrals for not involving a Commonwealth public official or not raising a corruption issue, the Commission’s 14 preliminary investigations and 10 new investigations showcase its commitment to combat serious corrupt conduct involving Commonwealth public officials.

Nyman Gibson Miralis provides expert advice and representation in cases of alleged corruption involving Commonwealth public officials.

Contact us if you require assistance.