Monday 11 March 2024

STATE OF PLAY AUSTRALIA 2024: anti-corruption agencies with runs on the board & the new kid on the block


 With corruption perceived as thriving around the world and Australia showing a worsening corruption level with a 10 point change in the wrong direction since 2012, according to Transparency International, it would be nice to see some improvement on the horizon.


In its 2023 report it seems Australia is not showing any such improvement on CPI results in the previous 2022 report. Although in all fairness, on a global scale the nation is not ranked as a high range offender.


Nevertheless, on the Australian east coast alone, four states and one territory published reports on a combined 73 corruption/integrity investigations in the 18 months between 1 July 2022 and 31 December 2023. [See "BACKGROUND"]


So I'm hoping that the slow progress of the first seven months of the National Anti-Corruption Commission (NACC) only indicates a new anti-corruption agency finding its way and, next year the general public will begin to see at least a hint that some of its 13 current investigations are nearing conclusion. Most especially, I'm hoping that Commissioner Brereton publishes the results of all completed investigations which found corrupt conduct.


Because I can see no good reason why the misdeeds of federal public officials/public servants should be afforded a total secrecy not afforded to their state and local government counterparts or any ordinary citizen.


On 5 March 2024 NACC released its regular weekly update for the reporting period: 1 July 2023 to midnight Sunday, 3 March 2024.


Overview


The National Anti-Corruption Commission:


  • has received 2594 referrals

  • has 376 referrals currently under assessment including 13 under preliminary investigation

  • is conducting 13 corruption investigations

  • is overseeing or monitoring 25 investigations by other agencies


Referral and assessment


At the end of the reporting period, the Commission had:


  • received 2594 referrals

  • excluded 2009 referrals at the triage stage because they did not involve a Commonwealth public official or did not raise a corruption issue

  • 160 referrals awaiting triage

  • 216 triaged referrals under assessment including 13 under preliminary investigation

  • assessed 233 referrals, in respect of which the Commission:

      • decided to take no further action in 213 cases. Typically, this is because the referral does not raise a corruption issue, or there are insufficient prospects of finding corrupt conduct, or the matter is already being adequately investigated by another agency, or a corruption investigation would not add value in the public interest.

      • referred 5 corruption issues to agencies for investigation or consideration.

      • decided to investigate 9 corruption issues itself.

      • decided to investigate 4 corruption issues jointly with another agency.


BACKGROUND


In New South Wales out of the five investigation reports published by Independent Commission Against Corrupt Conduct (NSW ICACC) in 2023, four found seriously corrupt conduct involving members of state parliament, elected local government officials, public authority employees or property developers. While in 2022 four out of five investigation reports published found seriously corrupt conduct involving members of state parliament, political lobbyists, public servants, legal practitioners or land council employees.


In 2022-23 the Queensland Crime and Corruption Commission (CCC) received 3,931 corruption complaints and assessed 3,686 corruption complaints. Finalising 39 corruption investigations, resulting in two criminal charges and seven recommendations for disciplinary action.


In 2022-23 the Victorian Independent Broad-based Anti-corruption Commission (IBAC) began 11 investigations and 18 preliminary inquiries into public sector corruption and police misconduct. It also completed 14 investigations and 12 preliminary inquiries, with 18 investigations and preliminary inquiries still in progress at the end of that financial year.


Also in 2022-23 the ACT Integrity Commission worked on 13 investigations, including two new investigations. It also referred 9 matters:

  • six referrals to the Public Sector Standards Commissioner

  • one referral to ACT Corrective Services

  • one referral to ACT Health

  • one referral to the Justice and Community

    Safety Directorate.


In 2023 the Tasmanian Integrity Commission released two reports on the potential for bias and conflict of interest in local government hiring practices.



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