By Georgia Wilcher -
Snapshot
- The National Anti-Corruption Commission commenced operation on 1 July 2023.
- The NACC was established to investigate and publicly report on serious or systemic corrupt conduct involving Commonwealth ministers, public servants, statutory office holders and government agencies.
- In its first month of operation, the NACC received 541 referrals.
The National Anti-Corruption Commission (‘NACC’) commenced operating on 1 July 2023 under the National Anti-Corruption Commission Act 2022 (Cth) (‘NACC Act’). The NACC is an independent Commonwealth agency, headed by the National Anti-Corruption Commissioner, the Hon. Paul Brereton, AM, RFD (former Judge of the Supreme Court of New South Wales and Judge of Appeal). The NACC was established to investigate and publicly report on serious or systemic corrupt conduct involving Commonwealth ministers, public servants, statutory office holders and government agencies.
In its first month of operation, the NACC received 541 referrals.
This article explores the scope of the NACC’s jurisdiction, ways in which corruption issues may be referred to the NACC, investigative procedures and powers, privileges and other protections in NACC inquiries, the outcomes that might follow from an inquiry and circumstances that might amount to contempt (and their consequences).
Scope of the NACC’s jurisdiction
The NACC has jurisdiction to investigate the conduct of any individual (whether or not that individual is a public official) who has acted in a manner that possibly involves ‘serious’ or ‘systemic’ corrupt conduct, so long as the conduct being investigated adversely affects, or could adversely affect, a public official carrying out their official role in a dishonest or biased manner.
