Three-step process
Every referral is assessed on its own merits. The National Anti-Corruption Commission (NACC) considers the information provided, whether the matter appears to involve corrupt conduct within our jurisdiction, and what action, if any, is appropriate.
Our assessment process generally involves 3 steps:
- determining whether the information raises a corruption issue under the National Anti-Corruption Commission Act 2022 (the NACC Act)
- deciding whether the NACC should deal with the issue
- deciding the most appropriate way to deal with it.
To help make these decisions, we may consider the seriousness and credibility of the information, whether further investigation is likely to be productive, whether the matter has already been examined by another body, and whether another agency is better placed to deal with the issue.
The assessment of corruption issues policy guides staff who act as delegates of the Commissioner to make timely and consistent decisions when assessing referrals.
The NACC does not have to consider or respond to every referral it receives. The Commissioner can decide not to take any action in relation to a referral.
Preliminary investigations
The NACC may conduct a preliminary investigation to decide:
- whether a referral raises a corruption issue
- about the nature of a corruption issue
- whether a corruption issue is serious or systemic.
A preliminary investigation helps the NACC find out more information about the referral. It can then decide whether or how to deal with it. The NACC can use some of its investigatory powers under the NACC Act in a preliminary investigation, such as compelling persons to provide certain information, documents or other things.
How do we deal with corruption issues?
If a referral raises a corruption issue, the NACC may deal with it in one or more of these ways:
- conduct a preliminary investigation to find out more information and decide how to deal with the issue
- if the issue could involve serious or systemic corrupt conduct, investigate the issue alone or jointly with a Commonwealth agency or a state or territory government entity
- refer the issue to the Commonwealth agency that the issue relates to for them to investigate
- refer the issue to a Commonwealth agency or state or territory government entity for consideration
- take no action.
If there is not enough information to decide whether the referral could involve serious or systemic corrupt conduct, the NACC may ask the person who referred the issue to provide more information.