When the National Anti-Corruption Commission opened its doors on 1 July 2023, it marked a major step forward in Australia’s commitment to integrity and accountability in the Commonwealth public sector. Two years on, much of the Commission’s work remains deliberately behind closed doors – confidential by law and necessity.
But in that time, the Commission has been quietly detecting, investigating and preventing corruption, its largely unseen but critical work, achievements and emerging themes shaping the next phase of integrity reform.
A clear mandate for public integrity
The Commission was established under the National Anti-Corruption Commission Act 2022 to detect, investigate and prevent corrupt conduct involving Commonwealth public officials. As an independent body, the Commission operates free from political or external influence, so that it can be impartial and fair.
The Commission has 2 core functions:
- Detecting and investigating serious or systemic corruption in the Commonwealth public sector
- Educating officials and the public about corruption risks and how to avoid and address them
Unseen work of the NACC
Like most other anti-corruption and integrity bodies, much of the Commission’s work remains confidential.
There is a misconception that other anti-corruption commissions routinely hold public hearings, due to a handful of high-profile matters. In fact, most corruption investigations and hearings are conducted out of the public eye.
For example, Victoria’s IBAC has limitations on public hearings similar to the NACC, while SA ICAC has no ability to hold public hearings at all. NSW ICAC can hold public hearings in finalising an investigation, following consideration of the public interest and the risk of undue prejudice to a person’s reputation.
Confidentiality of investigations is essential for:
- Protecting investigations: Publicising details of investigations can compromise them. It limits investigatory pathways, particularly the use of covert powers. It can result in the destruction or concoction of evidence.
- Safeguarding whistleblowers and witnesses: Confidentiality protects people who give us information from retaliation and undue pressure.
- Preventing unfair damage to reputations: Most investigations do not result in findings of wrongdoing. Linking individuals to an investigation can cause unjust harm to their reputations.
- Encouraging cooperation: Individuals are more likely to cooperate fully with investigations if the matter is not in the public eye.
For these reasons, there are strict confidentiality provisions in the NACC Act. Public hearings are only permitted in exceptional circumstances. This means it is generally unlawful for us to disclose information obtained during our activities.
Behind the scenes, however, the Commission has been very busy.
Operational activity
Since the Commission began operations on 1 July 2023, we have completed assessment of more than 4,500 referrals – about 85% of the more than 5,400 referrals received to date.
Since 1 July 2023, in its investigations and preliminary investigations, the Commission has issued more than 329 directions or notices to produce documents or information. It has conducted hearings in 8 investigations involving 43 witnesses. The Commission has obtained 47 search warrants, 22 telephone interception warrants, 17 surveillance device warrants, and conducted one controlled operation.
Investigations
The Commission has commenced more than 55 preliminary investigations and more than 40 full corruption investigations.
Of the Commission’s 31 current investigations:
- 15 relate to one or more senior officials (SES and above)
- 14 relate to procurement
- 13 relate to one or more former or current parliamentarians or parliamentary staffers
- 6 relate to one or more law enforcement officials
- 5 relate to recruitment
Others relate to contractors or consultants, grants and entitlements.
In addition, we have monitored or had oversight of more than 40 internal corruption investigations by other public sector agencies.
Five of our matters are currently before the courts, and 9 convictions have been secured as a result of investigations we have initiated or continued. We have published reports in 3 matters commenced by our predecessor ACLEI, and just recently the first report in a matter commenced by the Commission, Operation Kingscliff.
Building capability and delivering outcomes
As well as conducting investigations, the Commission has been busy building understanding around corruption risks and developing preventative strategies.
The first Commonwealth Integrity Survey
A major milestone in the Commission’s second year was the Commonwealth Integrity Survey 2024. This survey gathered insights from 58,309 public sector employees across 171 agencies, helping us understand and measure observations and trends relating to integrity and corruption in agencies and across a diverse workforce.
The Commission and agencies are using survey data to identify potential corruption risks and inform anti-corruption strategies and prevention and education initiatives. This helps better protect agencies and individuals from corruption.
Corruption prevention and education
In our corruption prevention and education role, in 2 years we will have conducted 249 presentations or engagements – with parliamentarians and their staffers, agency heads, public servants and the community. These activities build resistance to corrupt conduct and foster a culture of integrity across the Commonwealth public sector.
We also issued an open letter to participants in the recent federal election, highlighting potential corruption risks in that context.
Next year, in September, the Commission will host the Australian Public Sector Anti-Corruption Conference (APSACC) in Canberra. With the theme ‘A strategic approach to integrity – culture, systems and accountability’, this will provide anti-corruption agencies, academics and practitioners – from across the federal, state and territory, public and private sectors – the opportunity to share their knowledge, experience and expertise.
Emerging themes in referrals and investigations
Over our first 2 years, the Commission has identified recurring corruption themes in referrals and investigations, including:
- Procurement – favouritism in awarding government contracts and supplier relationships
- Recruitment in the Australian Public Service
- The Public/private interface – where government uses private contractors or consultants to deliver services
- Nepotism and cronyism
In response, the Commission has issued targeted guidance and is developing further materials to promote transparency and best practice in areas such as procurement processes, managing conflicts of interest and ethical decision-making.
Looking ahead
Two years is a short time in the life of a national institution, and strengthening integrity across government is a long-term endeavour. The Commission has laid a strong foundation for lasting integrity reform.
As the Commission enters its next phase, complex investigations will reach completion and the Commission’s operational achievements will gradually become more visible, increasing deterrence and public confidence in the institutions of government.
At the same time, corruption risks are evolving – and so must the strategies to prevent them. Partnerships and engagement with public sector agencies, officials and civil society will remain central to the Commission’s success.
Follow our work on LinkedIn, or find out more at nacc.gov.au