The National Anti-Corruption Commission ('NACC') is an organisation set up to improve integrity in the Australian Government by deterring, detecting, and preventing corruption among Commonwealth public officials. They do this through education, monitoring, investigations, and reporting. If you have concerns about corruption involving Australian Government public officials, you can report them to the NACC. However, the NACC cannot resolve individual disputes or investigate officials from state, territory, or local governments, nor can it investigate judges, the Governor-General, or Royal Commissioners.
What types of complaints can you make?
The NACC can receive complaints about any conduct that involves breach of public trust, abuse of office, misuse of information, or dishonest or impartial behaviour of public officials. The NACC can investigate corruption issues that could involve corrupt conduct that is serious or systemic.
Serious Corrupt Conduct: You can make a complaint if you think someone’s actions are not just wrong but seriously harmful. The NACC will consider:
- The seriousness of the crime and possible punishment
- The amount of money lost or gained
- Unfair advantage or suffering
- Misuse of crucial private information
- Misconduct by a person in a powerful or trusted position
- Attempts to make a public official act dishonestly or show favouritism
Systemic Corrupt Conduct: You can make a complaint if you see patterns or practices that show ongoing dishonest behaviour. The NACC will look at:
- Repeated illegal behaviour
- Practices indicating a culture of dishonesty
- Widespread misuse of power or resources
- Policies that allow corruption to thrive
- The impact on public trust and the integrity of the organisation
Categories of Corrupt Conduct:
- Category 1 – Breach of Public Trust:
- Public officials using their powers for improper purposes, even if no advantage is gained.
- Category 2 – Abuse of Office:
- Public officials knowingly engaging in improper acts to gain a benefit or cause detriment.
- Category 3 – Misuse of Information:
- Current or former public officials misusing information or documents they have access to.
- Category 4 – Causing a Public Official to Behave Dishonestly:
- Engaging in conduct that causes or could cause a public official to act dishonestly or show bias.
- NACC will not deal with complaints about:
- Conduct by staff members of the High Court or courts created by the Parliament
- Conduct by state, territory, or local government officials
- The NACC cannot investigate decisions made by public sector agencies or represent individuals in disputes.
Jurisdiction:
The NACC investigates corruption issues involving Commonwealth public officials.
Geographical Scope:
The NACC Act applies within and outside of Australia and extends to the external territories.
Time Limitations:
- Agency heads must refer corruption issues to the NACC Commissioner as soon as practicable if they suspect serious or systemic corrupt conduct.
- Mandatory referral requirements came into force on 28 July 2023.
Additional Information:
Conduct may be corrupt even if it occurred before the NACC Act commenced.
Who can you make a complaint against?
You can make a complaint against:
- Public Officials:
- Members of the Australian Parliament, including ministers, senators, and their staff
- Commonwealth agencies, companies, their heads, and staff members
- Staff members of the NACC
- People acting for or on behalf of any of the above persons or bodies
- Staff Members of Commonwealth Agencies:
- Employees, secondees, agency heads, company directors, and contracted service providers.
- Contracted Service Providers:
- Providers of goods or services under a Commonwealth contract and subcontractors.
- NACC will not deal with complaints about:
- Governor-General and Deputy Governor-General
- Justices and judges of the High Court, State, and Territory courts
- Public officials of State, Territory, or Local government
- Members of a Royal Commission
- The Inspector of the NACC and their assistants
Are you eligible to make a complaint?
Eligibility:
Any person may voluntarily refer a corruption issue to the NACC (anonymously or otherwise).
Time Limits:
There are no time limits for making a complaint of corrupt conduct.
NACC will not deal with complaints about:
There are no additional exclusions beyond those regarding complainant eligibility.
Additional Information:
Referrals to the NACC are protected from liability except where false or misleading statements are made or where the person discloses their own corrupt conduct.
What can this body do to help?
Possible Outcomes:
- Investigating the corruption issue independently or jointly
- Referring the issue to a relevant Commonwealth agency
Report Preparation:
- Findings or opinions on the corruption issue
- Summary of evidence
- Recommendations, including actions to improve performance, terminate employment, rectify effects, or remedy deficiencies
Additional Information:
The NACC does not resolve individual disputes or make findings of criminal guilt.
How to prepare your complaint
Format:
Complete the online form (available here), call, or write to the NACC.
Personal Details:
Optional; can be anonymous or include your details.
Who Was Involved:
Public officials and any private individuals or entities involved.
Relevant Facts:
Description of the conduct and why you think it is corrupt conduct.
What NOT to Include:
- False or misleading statements
- The NACC cannot investigate decisions of public sector agencies or resolve individual disputes.
Additional Information:
Protections from liability and reprisal related to the complaint.
Lodging your complaint and next steps:
Where to Lodge:
- Online: NACC Complaint Form
- Telephone: 1300 489 844 (Domestic) or +612 3105 9600 (International)
- Post: National Anti-Corruption Commission GPO Box 605 CANBERRA ACT 2601 AUSTRALIA
Investigation:
- Preliminary investigation to determine how to deal with the issue
- Investigation alone or with relevant Commonwealth/state/territory agency
- Referral to the relevant agency or no action taken if unmeritorious
Conclusion and Resolution:
- Report setting out findings, summary of evidence, and recommendations
- Report to the Attorney-General, Prime Minister, and relevant officials
- Public interest publication if deemed necessary
Timeframes:
- Respond within 30 days if the report is not within NACC’s jurisdiction or if more information is needed
- All reports meeting the requirements are assessed within 90 days
- The NACC decides when an investigation is complete and when to publish the report
Additional Information:
Keep a copy of your complaint and any evidence described.
More information:
Refer to the factsheet provided below for more information.
