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ICAC has broad jurisdiction to investigate allegations or circumstances implying corrupt conduct has occurred in most of the NSW public sector, including state government agencies, local government authorities, members of Parliament, and the judiciary. However, police and NSW Crime Commission corruption is handled by the Law Enforcement Conduct Commission. This article provides an overview of ICAC’s establishment, purpose, powers, and impact on upholding integrity in NSW public administration.

Understanding ICAC’s Jurisdiction and Authority

The ICAC has broad jurisdiction to investigate corrupt conduct involving or affecting most of the NSW public sector. This includes state government agencies, local government authorities, members of Parliament, and the judiciary.

Scope of ICAC’s Jurisdiction

ICAC’s jurisdiction covers a wide range of public sector organisations in NSW, such as:

• State government departments and agencies
• Local councils and county councils
• NSW Parliament, including members of Parliament and their staff
• NSW courts and tribunals, including judges and magistrates
• Public universities and schools
• State-owned corporations and boards

For example, if a local council employee is suspected of accepting bribes from a construction company in exchange for awarding contracts, this would fall within ICAC’s jurisdiction to investigate as it involves corrupt conduct within a NSW public sector organisation.

Matters Outside ICAC’s Authority

While ICAC’s reach is extensive, there are certain matters that fall outside its jurisdiction. These include:

• Conduct of NSW Police officers and NSW Crime Commission officers, which is handled by the Law Enforcement Conduct Commission (LECC)
• Corrupt conduct in the private sector, unless it involves or affects NSW public officials or public sector organisations
• Conduct of federal government employees or agencies, as they are subject to separate federal integrity bodies
• Corruption in other states’ public sectors, which are dealt with by their respective anti-corruption agencies

To illustrate, if a private company engages in fraudulent activities without any involvement of NSW public officials or impact on public sector organisations, ICAC would not have the authority to investigate the matter. Similarly, allegations of corruption against a Victoria Police officer would be outside ICAC’s jurisdiction and would need to be referred to the relevant integrity agency in Victoria.

It’s crucial for individuals and organisations to understand the scope of ICAC’s jurisdiction when reporting suspected corrupt conduct. Complaints about matters outside ICAC’s authority should be directed to the appropriate agency to ensure they are dealt with effectively.

ICAC’s Investigative Powers and Process

The ICAC has extensive powers to investigate corrupt conduct in the NSW public sector. This section outlines the key stages of ICAC’s investigative process, from receiving complaints to conducting public inquiries and reporting findings.

Receiving and Assessing Complaints

ICAC receives complaints about suspected corrupt conduct from various sources, including:

• Members of the public
• Public officials
• Principal officers of public sector organisations
• The NSW Electoral Commission (for certain election-related offences)

Upon receiving a complaint, ICAC registers and assesses it to determine whether the matter falls within its jurisdiction. This involves seeking further information as needed and referring the complaint to an Assessment Panel for a decision on how to proceed.

ICAC also analyses complaint trends to identify potential systemic corruption risks and inform its corruption prevention and education initiatives.

Investigation Methods and Powers

If ICAC decides to investigate a matter, it has extensive powers under the Independent Commission Against Corruption Act 1988 to gather information. These powers include:

• Conducting compulsory examinations (private hearings) where witnesses must answer questions under oath
• Executing search warrants to seize evidence
• Accessing financial records and other sensitive documents
• Engaging in covert operations, such as surveillance and controlled operations

ICAC’s investigative methods are diverse and can range from straightforward inquiries to complex, long-running investigations. The specific strategies employed depend on the nature and circumstances of each case.

Importantly, ICAC’s investigative powers are not unlimited. It must focus on serious and systemic corruption issues and cannot investigate matters outside its jurisdiction, such as police misconduct or purely private sector corruption.

Public Inquiries and Reports

In some cases, ICAC may hold a public inquiry as part of its investigation. Public inquiries are formal proceedings where witnesses give evidence under oath before the Commission. They are typically reserved for matters of significant public interest or where public exposure may help prevent corruption.

Following an investigation and any public inquiries, ICAC prepares a report for the NSW Parliament. These reports detail the Commission’s findings and recommendations, which may include:

• Changes to systems, policies, or procedures to prevent future corrupt conduct
• Findings of serious corrupt conduct against individuals
• Recommendations for disciplinary action or dismissal of public officials
• Recommendations for criminal prosecution (made to the Director of Public Prosecutions)

Once tabled in Parliament, ICAC’s investigation reports are usually made public. The Commission then monitors the implementation of its corruption prevention recommendations and assists the DPP with any criminal prosecutions arising from its findings.

By exercising its broad investigative powers and reporting publicly on its findings, ICAC plays a crucial role in exposing and preventing corruption in the NSW public sector. However, it is just one of several mechanisms for promoting integrity in public administration, alongside criminal prosecutions, disciplinary action, and systemic reforms.

Types of Corruption Investigated by ICAC

The ICAC investigates a wide range of corrupt conduct within the public sector. This section will define what constitutes corrupt conduct under the ICAC Act and detail the common forms of corruption that ICAC investigates in public administration.

Defining Corrupt Conduct

Under the ICAC Act, corrupt conduct is defined as deliberate or intentional wrongdoing, not negligence or a mistake. It must involve or affect a public official or public sector organisation. Corrupt conduct occurs when:

• A public official improperly uses, or tries to improperly use, the knowledge, power or resources of their position for personal gain or the advantage of others
• A public official dishonestly exercises his or her official functions, or improperly exercises his or her official functions in a partial manner, breaches public trust or misuses information or material acquired during the course of his or her official functions
• A member of the public influences, or tries to influence, a public official to use his or her position in a way that affects the probity of the public official’s exercise of functions
• A member of the public engages in conduct that could involve one of the matters set out in section 8(2A) of the ICAC Act where such conduct impairs, or could impair, public confidence in public administration

For ICAC to pursue a matter, the corruption must involve or affect a public official or public authority. The conduct must also be serious enough to constitute or involve:

• A criminal offence
• A disciplinary offence
• Reasonable grounds for dismissing or terminating the services of a public official
• In the case of a member of the NSW Parliament or local government councillor, a substantial breach of an applicable code of conduct

Common Forms of Public Sector Corruption

ICAC investigates a variety of corruption scenarios within the NSW public sector. Some typical examples include:

• A local councillor voting in favour of a development in which the councillor has an undisclosed financial interest
• A public official awarding contracts or providing benefits to suppliers and contractors in exchange for kickbacks or bribes
• A government employee selling confidential information gained through their official position to an external party for personal profit
• A public servant manipulating a recruitment process to secure a role for a friend or family member
• An official misusing public resources, such as vehicles or equipment, for their own benefit
• A manager falsifying financial records or expense claims to hide misappropriation of funds
• A member of the public attempting to bribe an official to obtain a licence, permit or preferential treatment

These examples illustrate the breadth of corrupt conduct that can occur in public administration. ICAC’s role is to investigate such matters when they are serious and systemic, and to expose corruption through public inquiries where appropriate. By shining a light on these practices, ICAC aims to maintain integrity and public trust in the NSW public sector.

ICAC’s Role in Corruption Prevention

The ICAC plays a vital role in preventing corruption within the NSW public sector. Beyond its investigative functions, ICAC actively works to educate public officials and provide resources to help organisations identify and mitigate corruption risks.

Education and Training Initiatives

ICAC offers a range of training workshops and educational programs designed to help public officials understand their obligations and develop skills to recognise and prevent corrupt conduct. These initiatives include:

• Workshops on topics such as corruption prevention for managers, ethical decision-making, and managing conflicts of interest
• Customised training sessions tailored to the specific needs of individual agencies
• E-learning modules that provide flexible, self-paced learning opportunities
• The Executive Short Course, delivered in partnership with the Australia and New Zealand School of Government (ANZSOG), which focuses on strategic responses to corruption

By equipping public officials with the knowledge and tools to identify and address corruption risks, ICAC helps foster a culture of integrity across the NSW public sector.

Advisory Services and Resources

In addition to its education and training programs, ICAC provides advisory services and resources to help public sector organisations strengthen their corruption prevention frameworks. These services include:

• Corruption prevention advice and recommendations based on the findings of ICAC investigations
• Guidance on developing effective corruption prevention policies and procedures
• Risk assessment tools to help organisations identify and prioritise corruption risks
• Best practice resources, such as handbooks, guidelines, and case studies, which provide practical advice on managing corruption risks in specific contexts

ICAC also conducts research to identify emerging corruption trends and develop evidence-based prevention strategies. By sharing these insights and resources, ICAC supports public sector organisations in building robust anti-corruption systems and promoting a culture of integrity.

Conclusion

The ICAC plays a vital role in maintaining the integrity and public trust in the NSW public sector. As an independent watchdog, ICAC investigates and exposes corrupt conduct, prevents corruption through education and advice, and promotes the importance of integrity in public administration.

Through its extensive powers and jurisdiction, ICAC helps ensure that public officials act ethically and in the best interests of the community they serve. By holding those who engage in corrupt conduct accountable and recommending systemic changes to prevent future misconduct, ICAC contributes to a more transparent, fair, and effective public sector in NSW. Ultimately, ICAC’s work is essential to upholding the rule of law and maintaining public confidence in the institutions that govern and serve the people of New South Wales.

Frequently Asked Questions