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The head of the NSW corruption watchdog is writing to all councillors, political parties and candidates warning them not to weaponise the ICAC ahead of local government elections next month.
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Chief Commissioner John Hatzistergos will remind all parties of their obligations with regard to integrity and other ‘important matters’ ahead of election day on 14 September.
One of these is “weaponising” the Commission by using it to make allegations of corruption against political rivals, along with public statements that a referral has been made to the ICAC.
“The weaponisation of the Commission for political advantage, whether it be via a referral or some other means, is inappropriate,” Commissioner Hatzistergos said in a statement.
“Doing so, irrespective of whether there is a reasonable basis for such allegations, may cause political damage, and such allegations should not be used as a weapon to level at a political rival.”
He says such conduct, especially during an election campaign, doesn’t leave the Commission with enough time to properly assess and investigate allegations.
“It may also jeopardise the Commission’s investigation opportunities, where evidence may be destroyed,” he said.
Commissioner Hatzistergos says while reporting corruption helps maintain integrity in the public sector, the ICAC can deal more effectively with corruption allegations if they are made in a timely and discrete manner.
“If any person holds a genuine suspicion of corrupt conduct, it should be reported to the Commission in the usual manner,” he says.
Commissioner Hatzistergos added that says while the ICAC typically avoids confirming or denying the existence of any allegation or investigation, if its functions are clearly being weaponised, the commission may decide to speak out about whether or not it’s investigating.
Current councillors will also be advised of other obligations during the caretaker period running from August 16 to September 3, which include restrictions on controversial development applications, entering certain contracts and appointing, reappointing or removing a general manager.
Councillors must also not misuse council resources for their election campaigns, and when considering fundraising activities, they can’t vote on matters in which donors have an interest.
The Commission will work with councils after the election to educate elected officials.
“We encourage councils to reach out to the Commission to discuss training opportunities for their councillors,” Commissioner Hatzistergos said.
Councils interested in pursuing educational opportunities with the Commission can email enquiries to education@icac.nsw.gov.au.
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