The Commission can start an investigation after receiving a corruption report when it suspects, on reasonable grounds, that the alleged conduct may constitute corrupt conduct.
After completing an investigation, the Commission must prepare an investigation report. However, when an investigation is not completed and the matter is dismissed, the Commission discontinues the investigation. If an investigation is discontinued, there is no need for an investigation report.
The triggers to discontinue an investigation are:
- When the Commission is reasonably satisfied that the matter in the corruption report meets the dismissal criteria under section 71 of the IC Act. Examples of dismissal criteria include but are not limited to:
- If the person who made the corruption report does not help with the investigation when asked, without a good reason, and the Commission believes that without this help, it is not practical to refer or investigate the corruption report.
- After considering all the circumstances, it is not justified to continue dealing with the investigation. This includes where the information and evidence collected to date shows that no corrupt conduct occurred and/or where the misconduct may be better addressed by another entity (for example, the Public Sector Standards Commissioner).
The decision point
The decision to discontinue an investigation can occur at any time during the investigation, but before it is completed. Due to the dynamic nature of corruption investigations, sometimes this means that significant investigative effort has occurred. In other matters, discontinuing an investigation will occur at a relatively early point in the process.
Who is advised of the decision
The person who made the corruption report to the Commission will be advised of the decision to discontinue the investigation. Other parties who have been involved in the investigative process, such as individuals who have been required to answer questions under oath, may also be advised of the outcome.
How we capture and share observations
Despite the Commission deciding to discontinue an investigation, important insights may have emerged from the investigative process. These insights could include identifying strengths or weaknesses in an entity’s processes, practices or policies that, if left unaddressed, create an ongoing risk for that entity.
In such circumstances, the Commission will liaise with the relevant entity to share these observations and insights. The Commission will also use these insights to develop educational material for stakeholders to address corruption risks, and strengthen the entity’s governance framework.
The Commission’s discontinued investigations
As of 30 June 2024, the Commission has discontinued 4 matters, as the Commissioner decided further dealing with the matter was not justified.
- Operation Lyrebird, an investigation into identified transactions as part of the City to the Lake Project – a major urban planning initiative to develop areas in and around the city and the lake. A special report was presented to the Legislative Assembly on 5 February 2024 detailing the investigation and the Commission’s findings. No findings of corrupt conduct came from this investigation.
- Operation Nemesis, an investigation into alleged financial crimes by two public officials. No findings of corrupt conduct came from this investigation.
- Operation Magpie, an investigation into alleged drug trafficking and abuse of public office by corrections officers. No findings of corrupt conduct came from this investigation.
- Operation Raven, an investigation into land transactions between a public and private entity. No findings of corrupt conduct came from this investigation.