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The information contained in this fact sheet is current as at 15 November 2006.

Topic 8 - Government Accountability

8.1 Independent Commission Against Corruption (ICAC)

8.1.1. Function

ICAC was created by the Independent Commission Against Corruption Act 1988. Its aims are to protect the public interest, prevent breaches of public trust and guide the conduct of public officials.

ICAC is a public authority, but is independent of the government of the day. It is accountable to the people of NSW through the NSW Parliament.

Members of the public and public officials are encouraged to come forward and report suspected corrupt conduct. Reports from members of the public inform ICAC about the types of corruption occurring within the NSW public sector and help identify the risk areas. This enables ICAC to recognise patterns and trends in corruption and to ensure its work provides the greatest benefit to the people of NSW.

ICAC can only examine conduct involving NSW public officials . A common misconception is that ICAC prosecutes corruption offences. In fact, ICAC only investigates and reports. It is then up to the Director of Public Prosecutions to decide whether or not to lay charges.

8.1.2. Reporting corruption

Information can be provided in writing, by telephone or by arranging an interview with an ICAC Officer. The telephone number is 1800 463 909. The ICAC website - www.icac.nsw.gov.au - also has a form for reporting possible corrupt conduct.

8.1.3. Protected disclosures

The Protected Disclosures Act 1994 provides certain protections for public officials who act as 'whistleblowers'. If the circumstances are correct and the proper procedure is followed, a public official who reveals important information can be protected from retaliation from his or her supervisors. Before making a disclosure you must be aware of the provisions of the legislation and the correct procedures to be followed .

Steps to follow in making a protected disclosure:

1. If you are a NSW public official, you can make a protected disclosure about corruption to ICAC. If you are uncertain whether your matter concerns corrupt conduct, you can discuss this with ICAC.
2. You can make a protected disclosure to your own agency by following the procedure in your agency's internal reporting guidelines. In general, you should contact your principal officer (usually the chief executive or General Manager) or the nominated protected disclosures co-ordinator.
3. In some circumstances you can also make a protected disclosure to a Member of Parliament or a journalist .
4. When reporting suspected corrupt conduct to ICAC it is important to provide as much detail as possible. However, it is not necessary to gather evidence or to prove corrupt conduct has occurred.

Once a matter is reported, ICAC considers whether the Protected Disclosures Act applies to the information. ICAC may seek further details to assist this consideration.

All complaints and reports received are carefully considered by ICAC. ICAC looks at whether the matter falls within its jurisdiction and the seriousness of the matter. ICAC may refer the matter to the organisation which is the subject of the complaint, may decide to undertake its own investigation or may decide to undertake corruption prevention and education work.

If ICAC determines that the matter you raised should be treated as a protected disclosure, the Act requires ICAC to advise you within six months about the intended action. ICAC may decide to take direct action on the information you provided or may decide, in appropriate circumstances, to refer it to another agency .

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