Tuesday, 3 January 2012
Herewith, a timely reminder to all economic development policy makers and resources industry ‘players’ in 2012.
Excerpt from NSW Parliament Code of Conduct for Members of the Legislative Assembly and the Legislative Council:
(a) A Member must not knowingly or improperly promote any matter, vote on any bill or resolution or ask any question in the Parliament or its Committees in return for any remuneration, fee, payment, reward or benefit in kind, of a private nature, which the member has received, is receiving or expects to receive.
(b) A Member must not knowingly or improperly promote any matter, vote on any bill or resolution or ask any question in the Parliament or its Committees in return for any remuneration, fee, payment, reward or benefit in kind, of a private nature, which any of the following persons has received, is receiving or expects to receive:
(i) A member of the Member’s family;
(ii) A business associate of the Member; or
(iii) Any other person or entity from whom the Member expects to receive a financial benefit.
(c) A breach of the prohibition on bribery constitutes a substantial breach of this Code of Conduct.
Excerpt from the NSW Independent Commission Against Corruption website:
Corrupt conduct, as defined in the Independent Commission Against Corruption Act 1988, is deliberate or intentional wrongdoing, not negligence or a mistake. It has to involve or affect a NSW public official or public sector organisation.
While it can take many forms, 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 acts dishonestly or unfairly, or breaches public trust
· a member of the public influences, or tries to influence, a public official to use his or her position in a way that is dishonest, biased or breaches public trust.
The NSW community expects public officials to perform their duties with honesty and in the best interests of the public. Corrupt conduct by a public official involves a breach of public trust that can lead to inequality, wasted resources or public money and reputational damage…..
The full definition of corruption which applies to the ICAC is detailed in sections 7, 8 and 9 of the ICAC Act.
I note that as yet the Commonwealth Parliament of Australia has not created A Code of Conduct for Members of Parliament nor created the promised Parliamentary Integrity Commissioner. Nevertheless there are avenues open to deal with corrupt conduct within that institution.