By Ruth Pirrie, Corruption Prevention – Education and Outreach, National Anti-Corruption Commission
Following the enactment last year of the National Anti-Corruption Commission Act 2022 (NACC Act), the National Anti-Corruption Commission (NACC) commenced on 1 July 2023. Its mission is to enhance integrity in the Commonwealth public sector, by deterring, detecting, and preventing corrupt conduct involving Commonwealth public officials, through education, monitoring, investigation, reporting and referral.
Ethical individuals do not need to change their behaviour or learn a new framework. The NACC Act does not introduce new standards or create a burden of new codes to memorise. It is a means for enforcing standards of integrity and conduct that have always been regarded as proper.
What do members of the APS need to know about the Commission?
At a minimum, members of the Australian Public Service should have a general understanding of what corrupt conduct is and who is a Commonwealth public official; be aware of the mandatory reporting obligations and to whom in their organisation they have been delegated; and know how to make a report.
The Commission’s website is an easily accessible resource for obtaining this information. The NACC’s ‘Intake’ team is available on the phone if there are questions on what may or may not constitute corrupt conduct, or how to report it. The Commission’s Corruption Prevention and Education function, with a mandate to engage with and support agencies and members of the public service, can provide high level guidance about the requirements and nuances of the legislation.
A call to action
The Commission is an instrument for enhancing integrity, and the inaugural Commissioner, the Hon Paul Brereton AM RFD SC, has committed to it being fearless, but fair, as it goes about that business.
The Commission cannot achieve its objectives alone. It requires the support and participation of institutions and individuals, a fundamental understanding of anti-corruption principles, and leadership that actively embeds a pro-integrity culture.
It is important that all Commonwealth public officials exhibit integrity in everything they do. As the Commissioner outlined in his opening address on 3 July 2023,
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A good starting point for public officials is to remember that their duty is owed to the government and people of the Commonwealth. That is not to deny that their role necessarily involves implementing the will of the government of the day, as it represents the people of the Commonwealth, and is entitled to implement its policies. But that does not extend to circumventing the law, which constrains governments as well as individuals; nor to extracting private benefits from their decisions.
Balancing these considerations is not an easy task, and it is an inevitable consequence that public officials will sometimes face difficult ethical dilemmas or questions of conscience. At these times, support and strong leadership is essential.
It is said that integrity is to act honourably, even when no one is watching; but it is just as important that staff see their leaders acting with integrity. Above all, it is critical that leaders foster in their institutions, from the top down and at every level, a culture in which staff feel free to speak up when appropriate; where constructive criticism is welcomed; where honest if unwelcome advice and reports are not dissuaded, but encouraged; and in which the careers of officials who adhere to those values and do not always follow the line of least resistance, are seen to prosper.
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National Anti-Corruption Commission’s Prevention and Education resources