How does the NACC conduct investigations?
NACC corruption investigations use a number of investigative methods to gather information relevant to the investigation.
Investigations gather information to prove or disprove corruption issues. Investigators do this by interviewing witnesses and persons of interest, obtaining documents and records, and analysing information.
The NACC has a range of information-gathering powers under the NACC Act and other relevant legislation.
For example, we can:
- compel the production of documents or other things
- compel individuals to provide information by attending a hearing, or to produce documents or other things
- obtain warrants to search properties
- intercept telecommunications and use surveillance devices.
See:
Procedural fairness
Procedural fairness is built into the investigation process at the NACC.
The National Anti-Corruption Commission Act 2022 requires the NACC to give people an opportunity to respond to material that may adversely affect their interests before that material is disclosed or published, including in investigation reports.
Find out more about Procedural fairness.
NACC hearings
Under the NACC Act, the Commissioner has the power to summon a person to attend a hearing to give evidence or produce a document or other material relevant to a corruption investigation. If you receive a summons from the NACC to attend a hearing, you must attend. (See, If you're involved in a NACC investigation).
Hearings are held in private, unless the Commissioner decides there are exceptional circumstances and it is in the public interest to hold a public hearing. Decisions about public hearings are made on a case-by-case basis.
Finalising an investigation
The Commissioner can decide at any stage of a NACC investigation that no further action is required and discontinue the investigation. This generally occurs when no finding of serious or systemic corrupt conduct is able to be made.
In investigations where findings of serious or systemic corrupt conduct are made, at the completion of the investigation, the Commissioner must prepare a report on the investigation for the Attorney-General (unless the report involves the conduct of the Attorney-General, in which case the report is to the Prime Minister).
Contents
The report must set out:
- the Commissioner’s findings or opinions about the corruption issue
- a summary of the evidence and other material on which those findings or opinions are based
- any recommendations the Commissioner considers appropriate, and the reasons for those recommendations.
Publication
Where the NACC has held a public hearing, the report must be tabled in Parliament.
The Commissioner can publish reports if satisfied it is in the public interest to do so.
Prosecutions
In some investigations if there is evidence of a criminal offence, the NACC may prepare a brief of evidence which will be sent to the Commonwealth Director of Public Prosecutions (CDPP) for their consideration of whether there is sufficient evidence for charges to be laid.