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Best practice guidelines for corruption commissions

Best practice guidelines for corruption commissions

The Commissioners of Australia’s ten anti-corruption agencies have launched a set of principles for anti-corruption best practice, including the ability for watchdogs to consider referrals from any third party.

That includes public sector employees, heads of government agencies and departments, public office holders and members of the public.

“Empowering Anti-Corruption Commissions to receive allegations of corruption from any third party will ensure that the Commission can consider allegations detected by a government agency as well as allegations that are reported by whistle-blowers,” the guidelines say.

Own motion powers for watchdogs

The guidelines also back ‘own motion powers’ for corruption bodies, giving them the ability to launch investigations on their own rather than being limited to referrals, and to have mandatory reporting of corruption for agency heads.

The watchdogs involved include the ACLEI, the ACT Integrity Commission, the Queensland and WA CCC, IBAC in Victoria, the NSW, SA and NT ICACs, the Integrity Commission of Tasmania and the NSW Law Enforcement Conduct Commission.

Anti-corruption commissions play an important role in exposing systemic risks, strengthening public sector resistance to corruption and providing public education, they say.

“In considering these principles, we note that Anti-Corruption Commissions have become an important element in the integrity frameworks in place at the State, Territory and Federal level in Australia, to investigate and report on allegations of corruption by public sector employees, holders of public office, individuals and entities contracted to perform public functions and people responsible for spending public money,” the watchdogs said in a joint statement.

The 12 best practice principles

1. The ability to consider referrals from any third party

2. The ability to commence an investigation on own volition (own motion powers)

3. A requirement for the heads of public sector agencies to report allegations of corruption to the Anti-Corruption Commission

4. The ability to conduct public and private hearings to obtain evidence

5. The ability to require the production of information or documents

6. The ability to refer matters to a prosecuting authority

7. The ability to make recommendations

8. The ability to report on investigations and make public statements

9. A corruption prevention function

10.A sufficient and predictable budget

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