24 July 2023
Purpose
This Industry Advice Notice (IAN) is to advise industry that the National Anti-Corruption Commission (NACC) commenced on 1 July 2023.
Summary of changes and key points
- The NACC and National Anti-Corruption Commission Act 2022 (NACC Act) came into force on 1 July 2023.
- The NACC is an independent Commonwealth agency responsible for investigating corrupt conduct in the public sector.
- Allegations of corruption committed prior to 1 July 2023 can still be reported and investigated by the NACC.
- The NACC is a whole of government initiative and impacts all government agencies and their providers.
- Any public official acting dishonestly or in a biased way may be investigated by the NACC.
- Any individual acting in a way that may cause a public official to act dishonestly or in a biased way may be investigated by the NACC.
- Any individual can report actual or suspected corrupt conduct to the NACC via their website from 1 July 2023.
Background
The NACC is an independent Commonwealth agency responsible for detecting, investigating, and reporting on any ‘serious’ or ‘systemic’ corrupt conduct in the Commonwealth public sector.
The NACC have the jurisdiction to investigate the conduct of government public officials, as well as any individual or entity that performs work for, or on behalf of us. This includes all Australian Public Service staff, contractors, consultants, third-party providers, and authorised officers. Individuals who are not public officials may still fall under investigation if they act in a way that might cause a public official to act dishonestly or corrupt manner.
NACC investigative powers also extend to any person (whether they are a public official or not) who does something, or tries to do something, that could adversely affect a public official’s honesty or impartiality in their official capacity.
Note: Refer to the NACC Act for further definition on their interpretation of corrupt conduct.
The terms ‘serious’ and ‘systemic’ are not defined in the NACC Act and will take their ordinary meaning.
Authorised officer responsibilities
Under the NACC Act, authorised officers (AOs) are defined public officials. This means that AOs who engage in corrupt behaviour may be investigated by the NACC.
AOs also hold reporting responsibilities if they suspect or become aware of corrupt conduct. See ‘Reporting responsibilities’ for more information on how to report.
Exporter responsibilities
Exporters act as public officials by way of presenting goods to AOs for inspection. This means that if exporters engage in corrupt behaviour they may be investigated by the NACC.
Exporters have the responsibility to act in a way that does not influence any other public official to act dishonestly or in a corrupt manner.
Exporters have the responsibility to report any suspected or actual corrupt conduct. See ‘Reporting responsibilities’ for more information on how to report.
Establishment responsibilities
Owner/operators of export registered establishments have responsibilities associated with preparing and storing product in a manner that adheres to legislative and importing country requirements.
Public official duties will be carried out within export registered establishments creating a responsibility for establishment employees to ensure they do not act in a way that could adversely affect a public official’s honesty or impartiality in their official capacity.
Establishment employees who suspect or witness corrupt conduct have reporting responsibilities. See ‘Reporting responsibilities’ for more information on how to report.
Reporting responsibilities
Reports of suspected or actual corrupt conduct can be made:
- via departmental channels of reporting – Integrity email or hotline 1800 99 88 80
- directly to the NACC via their website.
It important to note that any individual who acts in a way that may cause a public official to act dishonestly or in a biased way may also be reported and may be investigated by the NACC.
Reporting parties do not need to prove that corrupt conduct has occurred and they may choose to report anonymously.
Contact information
Additional information on the NACC can be found on the Attorney-General’s Department website.
You can also contact our Integrity team via email or the hotline 1800 99 88 80 for further information.
Rossana Carr
A/g Assistant Secretary
Plant Export Operations Branch