The information contained in this fact sheet is current as at 15 November 2006 .
There is a range of NSW and Commonwealth government agencies that exist to hold governments accountable and improve government practices. It is useful to understand how these agencies work and how they can assist you.
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.
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.
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:
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.
The NSW Ombudsman is an independent and impartial watchdog. Its role is to ensure that NSW government agencies fulfill their functions properly and improve their delivery of services to the public.
The Ombudsman's office is independent of the government of the day and accountable to the public through the NSW Parliament.
Every member of the public has the right to complain to the Ombudsman, which handles complaints that fall within the following areas:
The Ombudsman has the power to investigate conduct that is:
If you feel that you have experienced or observed a NSW government agency doing something like this, you can complain to the Ombudsman by calling 1800 451 524 or you can make a complaint online by accessing the website www.ombo.nsw.gov.au
The Commonwealth Ombudsman operates similarly to the NSW Ombudsman, but with respect to the Australian Government. It has the power to investigate the administrative actions and decisions of Australian Government agencies to see if they are wrong, unjust, unlawful or discriminatory. The Ombudsman also seeks remedies for those affected by administrative deficiencies, and acts to improve public administration.
The Ombudsman is independent and impartial, and works to improve public administration generally. The Ombudsman service is free.
The Ombudsman has strong investigatory powers. If required, officers working in government agencies must produce documents, and answer questions under oath during Ombudsman investigations. The types of complaints that can be investigated include problems with Centrelink and Veterans' Affairs benefits, child support payments and immigration decisions.
The Commonwealth Ombudsman cannot investigate complaints about:
To make a complaint to the Commonwealth Ombudsman call 1300 362 072 or visit the website www.comb.gov.au
The Auditor-General forms part of the accountability mechanism whereby the Parliament holds the Government accountable for fulfilling its responsibilities. The Audit Office assists the Auditor-General in fulfilling this role.
The NSW Auditor-General conducts audits of the NSW government in specific areas. These audits can identify substantial flaws in government practices and lead to reform. Audits cover a very wide range of topics, including for example the condition of NSW roads, the clearing of native vegetation and fare evasion on public transport.
The Audit Office's core services are:
The Audit Office examines allegations of serious and substantial waste of public money under the Protected Disclosures Act 1994 . Serious and substantial waste includes uneconomical, inefficient or ineffective use of resources which results in a significant loss or waste of public funds or resources. If you have information about serious and substantial waste of public money, you can report this to the NSW Auditor General.
Case Study: Native Vegetation Management Reforms
In 2001–2002, the EDO prepared a submission on behalf of environmental groups, outlining the shortcomings of the Department of Land and Water Conservation in meeting its statutory responsibilities, including its failure to prosecute breaches of the Native Vegetation Conservation Act.
The submission was instrumental in leading to an audit of the Department by the Auditor-General. The report from the Auditor-General's office was handed down in September 2002, and strongly condemned the Department for its lack of action in this area.
Privacy NSW is the Office of the NSW Privacy Commissioner, established on 1 February 1999 under the Privacy and Personal Information Protection Act 1998 . The role of Privacy NSW is to:
Privacy NSW protects privacy in the following ways:
To make a complaint about a privacy issue contact Privacy NSW on 9228 8585.
The Australian Privacy Commission is an independent Office which has responsibilities under the Privacy Act 1988.
The Act provides protection for:
The Commission has a hotline for general assistance, and also investigates complaints from individuals about interferences with privacy by the Australian and ACT governments, as well as the private sector. The contact number is 1300 363 992 and their website address is www.privacy.gov.au
The NSW Government's Waste Reduction and Purchasing Policy (WRAPP) requires all state government agencies and state owned corporations to develop and implement a WRAPP plan to reduce waste in four scheduled areas:
It also requires that priority be given to buying materials with recycled content where they are cost and performance competitive. WRAPP plans provide information on strategies each agency will undertake to reduce waste and increase purchases of recycled content products and provide data on:
The policy requires agencies to report progress in implementing their WRAPP plans biennially to the Department of Environment and Conservation (formerly the NSW Environment Protection Authority).
If you work for a NSW government agency or department and are concerned at the amount of waste produced, or the purchasing practices, then check out the WRAPP website for information on how your agency or department is complying and how to instigate an audit www.wrapp.nsw.gov.au
The Government Energy Management Policy (GEMP) is NSW's response to the National Greenhouse Strategy requirement for all Australian governments to reduce greenhouse gas emissions from their own operations. Improving the energy efficiency of government buildings is one important measure in the strategy.
Announced in November 1998, GEMP established targets to reduce state-wide total energy consumption in Government buildings by 15% by 2001/02 and 25% by 2005/06 (from 1995/96 levels), where cost-effectively feasible.
Additional related targets have been set since 1998. Buildings owned or tenanted by Government are to achieve certain star ratings under the Australian Building Greenhouse Rating (ABGR) Scheme and all Schedule 1 agencies must purchase electricity with at least 6% accredited GreenPower TM i.e. power from renewable energy sources. Under the Cleaner NSW Government Fleet, agencies must progressively reduce annual greenhouse gas emissions from vehicles to achieve a 20% reduction by 2007/08 (based on 2004/05 performance).
For advice on GEMP policy issues, contact:
Department of Energy, Utilities and Sustainability
Ph: (02) 8281 7777
Fax: (02) 8281 7351