Mandatory reporting of corruption


Mandatory corruption notifications

The Integrity Commission Act provides that certain people (mandated reporters) must report conduct that they suspect on reasonable grounds to be serious or systemic corrupt conduct to the Commission.

The words ‘suspect on reasonable grounds’ means there is a real possibility of corrupt conduct. ‘Suspicion’ is something less than belief, but requires more than idle speculation. It must be based on facts and circumstances that would be sufficient to make a reasonable person suspect corrupt conduct had occurred or was occurring. However, proof is not necessary, nor is it required that an individual or individuals be identified.

Heads of public sector entities and senior executive service officers (SES) officers

Both the heads of public sector entities (such as the Head of Service and directors-general) and members of the senior executive service must notify the Commission about any matter they suspect, on reasonable grounds, involves serious corrupt conduct or systemic corrupt conduct.

It is an offence for the head of a public sector agency or an SES officer not to notify the Commission as soon as practicable where they know that a public official has engaged in serious or systemic corrupt conduct.

See section 62, 65 and 66 of the Integrity Commission Act

Certain statutory officers

The following heads of public sector entities are only required to notify the Commission if a matter which they reasonably suspect involves serious or systemic corrupt conduct involves the conduct of a public official for the public sector entity for which they are the head, and the conduct relates to the public official’s duties for the public sector entity.

It is an offence for any of the following officers not to notify the Commission as soon as practicable where they know that a public officer within the public sector entity headed by them has engaged in serious or systemic corrupt conduct and the conduct relates to the public official’s duties for the public sector entity:

See section 62, 64 and 65 of the Integrity Commission Act

Members of the Assembly (MLA) and Chiefs of staff

An MLA must notify the Commission about any matter the MLA suspects on reasonable grounds involves serious or systemic corrupt conduct by either another MLA or a member of staff of an MLA.

Similarly, a chief of staff to either a minister (including the Chief Minister) or the Leader of the Opposition must notify the Commission about any matter they suspect on reasonable grounds involves serious or systemic corrupt conduct by an MLA or another member of staff of an MLA.

It is an offence for an MLA or a chief of staff to either a minister (including the Chief Minister) or the Leader of the Opposition not to notify the Commission as soon as practicable where they know that an MLA or a member of staff of an MLA has engaged in serious or systemic corrupt conduct.

See section 63, 67 and 68 of the Integrity Commission Act

Commission’s mandatory corruption notification directions

The Commission has issued mandatory corruption notification directions pursuant to s 64 of the Integrity Commission Act which outline:

The directions are available at the ACT Legislation Register.