Under the National Anti-Corruption Commission Act 2022 (Cth) (NACC Act), agency heads and Public Interest Disclosure officers have mandatory obligations to refer to the National Anti-Corruption Commission (Commission) corruption issues they become aware of that they suspect could involve serious or systemic corrupt conduct.

The NACC Act does not define serious or systemic corrupt conduct. This guideline is issued by the Commissioner under section 279 of the NACC Act, to assist public officials with the operation of the Act.

Serious corrupt conduct

  • is corrupt conduct that is significant, more than negligible or trivial
  • does not have to be severe or grave.

Systemic corrupt conduct

  • is corrupt conduct that involves more than an isolated case, involves a pattern of behaviour, or affects or is embedded in a system
  • can occur in one or multiple agencies, and can involve one or multiple individuals
  • does not have to be coordinated.

If in doubt about whether to refer a matter to the Commission, contact us.