The National Anti-Corruption Commission

On 30 November 2022, the Commonwealth Parliament passed the National Anti-Corruption Commission Act 2022 and the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022.

The NACC legislation received Royal Assent on 12 December 2022 and is legislated to become operational in stages unless proclaimed to commence sooner. The Albanese Government has stated it wants to see the NACC up and running by mid-2023.

The role of the NACC is to investigate ‘serious’ or ‘systemic’ corrupt conduct by ‘public officials’ whether it occurred before or after the NACC legislation commenced. The definition of ‘public officials’ includes Commonwealth Ministers, public servants, statutory office holders, Commonwealth entities and companies, parliamentarians and their staff and government contractors.

‘Corrupt conduct’ includes the conduct of any person that does or could adversely affect any conduct of a public official that constitutes or involves a breach of public trust, the honest or impartial exercise of a public official’s powers or an abuse of a public official’s office.

The NACC will have a Commissioner and Deputy Commissioners. It will have a CEO and its own staff. It will be overseen by a Parliamentary Joint Committee and an Inspector, who is empowered to detect and investigate corrupt conduct in the NACC.

The NACC has considerable investigative powers including the ability to issue notices to produce information, documents and things, to summon persons to a hearing and to search certain premises and vehicles. Hearings are to be held in private unless ‘exceptional circumstances’ exist.

Civil, administrative or criminal action cannot be taken against a whistleblower. It is an offence to take or threaten to take a reprisal against a whistleblower.

Given the criticisms levelled by some against NSW’s ICAC and Victoria’s IBAC, how the NACC performs will be keenly watched.