The Independent Commission Against Corruption ('ICAC') is an independent body that helps protect the public interest and maintain trust in the NSW public service. Established under the Independent Commission Against Corruption Act 1988, ICAC guides the conduct of public officials and prevents corruption. Anyone who suspects corruption in the NSW public sector can report it to ICAC, which has the authority to investigate these complaints.
What types of complaints can you make?
Corrupt Conduct can take many forms. It is deliberate or intentional wrongdoing that involves or affects a NSW public official or a public sector organisation. Complaint types include, but are not limited to:
- Improper Use of Position: You can make a complaint if you believe a NSW public official is using their position to gain personal benefits or to favour others. This includes any misuse of power, knowledge, or resources that a public official has access to due to their job.
- Dishonest or Partial Exercise of Official Functions: You can make a complaint if a public official in NSW acts dishonestly, shows undue favouritism, or breaches public trust in their official duties. Actions taken by officials that are unfair, biased, or not in accordance with their role could be corrupt.
- Influence by Members of the Public: You can make a complaint if someone outside the government is trying to manipulate a public official to use their position unfairly. This type of influence is intended to improperly affect the decisions or actions of public officials.
- Conduct Impairing Public Confidence: You can make a complaint if a person’s actions threaten to damage public trust in the administration of public services. This involves behaviour that might not only be corrupt but also damages the integrity and trustworthiness of public administration.
- Referrals from the NSW Electoral Commission: You can make a complaint if there are irregularities or misconduct in electoral processes that have been officially referred by the NSW Electoral Commission. This pertains to allegations specifically concerning electoral misconduct or corruption.
Jurisdiction:
The alleged corrupt conduct can occur anywhere, including in another State, Territory, outside the State, or even outside Australia.
Time Limitations:
There are no time limitations.
ICAC will not deal with complaints about:
ICAC does not have the power to investigate corrupt conduct that involves:
- The NSW Police Force – contact the police Customer Assistance Unit initially. Serious complaints about police misconduct should be referred to the Law Enforcement Conduct Commission.
- The NSW Crime Commission – contact the Law Enforcement Conduct Commission.
- Federal government agencies – contact the Australian Commission for Law Enforcement Integrity or the Commonwealth Ombudsman.
- Private sector or other non-government organisations, contact:
- The NSW Office of Fair Trading
- The relevant industry regulator; or
- The relevant industry Ombudsman
Exercise of Discretion:
The Commission has broad discretion to decide whether to investigate a complaint. The Commission may investigate a complaint or decide that a complaint need not be investigated. The Commission may discontinue an investigation of a complaint.
Who can you make a complaint against?
Complaints to ICAC about corruption must involve, or in some way be about, the NSW public sector. You can make a complaint that involves NSW public officials or NSW public authorities:
- Government Officials:
- This includes civil servants at all levels who may misuse public funds, engage in unauthorised disclosure of sensitive information, manipulate procurement processes, or use their position for personal gain. Complaints may involve activities such as awarding contracts in return for bribes or personal favours. This typically involves government departments and statutory authorities.
- Educators and Administrators:
- Educational professionals and school administrators who may be involved in misusing educational resources, engaging in nepotism in hiring practices, or manipulating academic records and admissions procedures for personal or financial advantages. This could also include accepting or soliciting bribes for favourable treatment of students.
- Health Service Providers:
- Health sector respondents can include doctors, nurses, and administrative staff involved in corrupt activities such as fraud (billing for services not rendered), theft of hospital supplies, misuse of confidential patient information for personal gain, or corrupt procurement of medical equipment and drugs.
- Local Government Officials:
- Elected officials and council staff who might be involved in land zoning corruption, misallocation of council resources, bribery related to local development projects, or providing preferential treatment to certain businesses or individuals in the community.
- State Politicians:
- Members of the NSW Parliament who may engage in legislative corruption, such as accepting bribes for passing laws that benefit specific private interests, using influence for personal gain, or misusing parliamentary privileges and resources.
- Judicial Officers:
- Judicial figures accused of corrupt practices, such as accepting bribes to influence court decisions, showing partiality in judicial proceedings, or misusing their authority to benefit themselves or others unlawfully.
ICAC will not deal with complaints about:
Allegations of corruption in the private sector unless NSW public officials and/or authorities are involved or affected.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can lodge a complaint with ICAC, including members of the public and public officials.
Before you lodge a complaint:
There are no formal steps required for complaints or assistance requests.
Can complaints be made on behalf of someone?
Yes, complaints can be made on behalf of someone else to ICAC. Considerations for making a complaint on behalf of someone else include:
- Authorisation: While not strictly required, it is advisable to have the consent of the individual on whose behalf the complaint is made.
- Confidentiality: If confidentiality is a concern, state that the person wishes to remain anonymous.
- Representation: Organisations, legal representatives, or advocacy groups can also make complaints on behalf of individuals or groups.
- Detail and Specificity: Provide detailed information about the alleged corrupt conduct.
- Follow-Up: Be available to provide further information or clarification as ICAC processes the complaint.
Additional Information:
In NSW, when someone reports suspected corruption, it's often called "whistleblowing." Public officials who report serious misconduct to ICAC in good faith are legally protected from any negative consequences or retaliation.
What can this body do to help?
This body may provide:
- Investigation Powers/Discretions: ICAC has strong powers to investigate corruption, including:
- Mandatory interviews or public hearings
- Reporting back to Parliament if requested by both houses
- Recommend Prosecution: ICAC can recommend that the Director of Public Prosecutions ('DPP') consider prosecuting individuals for criminal offences based on the findings of corruption.
- Agency Investigation: ICAC may request that the agency involved investigate the matter internally and report back to ICAC.
- Advice: ICAC might provide the organisation with advice on how to prevent corruption in the future.
- Referral: The ICAC may refer the matter to another agency if they do not have the authority to deal with it.
- Legislative Change: ICAC might suggest changes to laws or regulations to close loopholes that allowed corruption to occur.
- Education Programs and Training: ICAC may recommend or facilitate training programs aimed at educating employees about ethical behaviour and preventing corruption.
- Take No Action: The ICAC may take no action if the matter is not corrupt conduct.
How to prepare your complaint
Format:
You can make a complaint or lodge a report about suspected corrupt conduct by telephone or in writing by fax, email, letter, or ICAC’s online form. The easiest way to lodge a report is on the ICAC website: ICAC Reporting.
Personal Details:
You may lodge a report anonymously. However, this will affect ICAC’s ability to deal with the information.
Respondent’s Details:
Provide the names and positions of the officials involved (if known).
Relevant Facts:
Provide as much detail as possible, including:
- A summary of the matter including names, dates, locations, and other relevant information
- How you became aware of the matter
- Names and contact details of other people who may assist the ICAC
- Any organisations or regulators the matter was reported to, the date of contact, and their response
- Details on any relevant documents or other information
- Names, contact details, and participation of private citizens and companies involved
What NOT to Include:
Do not include incomplete, inaccurate, untruthful, or large amounts of irrelevant information.
Additional Information:
If ICAC refers your complaint to another agency or decides to investigate, you may need to be identified as the source of information. ICAC will regard requests for confidentiality but may disclose information if it is in the public interest.
Lodging your complaint and next steps:
Where to lodge your complaint:
- Online: ICAC Reporting
- Email: icac@icac.nsw.gov.au
- Telephone: (02) 8281 5999 or free call 1800 463 909 (callers outside Sydney) Monday to Friday between 9 am and 3 pm
- Post: NSW Independent Commission Against Corruption, GPO Box 500, Sydney NSW 2001
- Fax: (02) 9264 5364
- TTY: (02) 8281 5773 (for hearing-impaired callers only)
Acknowledgement:
After receiving your complaint, ICAC will register it in their database and send you an acknowledgement.
Assessment:
If your complaint is within the ICAC’s jurisdiction, it will be considered by an Assessment Panel of senior officers. The panel will decide what action to take.
No action is taken:
If ICAC decides that it will not take further action because the complaint does not constitute corrupt conduct, you will be notified of this decision and the reason.
Referral back to the agency:
ICAC may decide to refer your complaint back to the agency you have complained about and direct them to investigate the matter and report back to ICAC.
Commence an investigation:
ICAC may start an investigation to determine whether the conduct described in your complaint amounts to corrupt conduct.
Additional Information:
Keep a copy of your complaint along with any evidence described.
More information:
Refer to the factsheet provided below for more information.
