What is corrupt conduct?


Corrupt conduct under the Act

Any person is entitled to make a complaint to the Commission about conduct that may be corrupt conduct.

Corrupt conduct, under the Integrity Commission Act, is conduct that could constitute a criminal or serious disciplinary offence or constitute reasonable grounds for terminating the services of a public official and that is also any of the following:

Corrupt conduct is also conduct that could constitute a criminal or serious disciplinary offence or constitute reasonable grounds for terminating the services of a public office and that also involves any of the following:

  1. collusive tendering;
  2. fraud in relation to applications for licences, permits or other authorities under legislation designed to protect health and safety, protect the environment or facilitate the management and commercial exploitation of resources;
  3. dishonestly obtaining or assisting in obtaining, or dishonestly benefiting from, the payment or application of public funds for private advantage or the disposition of public assets for private advantage;
  4. defrauding the public revenue;
  5. fraudulently obtaining or retaining employment or appointment as a public official.

Corrupt conduct also includes conduct that could constitute a criminal offence; or constitute a serious disciplinary offence; or constitute reasonable grounds for dismissing, dispensing with the services of, or otherwise terminating the services of, a public official; and that includes conduct engaged in by a person in relation to conduct mentioned below (the primary conduct), that would constitute an offence against part 2.4 of the Criminal Code, (Extensions of criminal responsibility) on the basis that the primary conduct is an offence, whether or not the primary conduct is in fact an offence.

To fall within the jurisdiction of the Commission, the conduct must involve or affect an ACT public official, former public official or public sector entity.

See section 9 of the Integrity Commission Act