13/02/2024
The recent establishment of the Commonwealth National Anti-Corruption Commission (NACC) is a timely reminder that a wide range of public sector officials have mandatory reporting obligations when it comes to corrupt or suspected corrupt conduct. The NACC is now one of eight organisations throughout Australia addressing integrity and corruption-related matters at a Commonwealth, state or territory level.
What constitutes corrupt or suspected corrupt conduct, and the nature of the mandatory reporting obligations, varies between jurisdictions and depends on the exact role of an official. However, generally speaking the referral of conduct for possible investigation must occur as soon as reasonably practicable after becoming aware of the conduct – mandatory obligations crystallise quickly and must be acted upon as a priority.
In some jurisdictions, mandatory reporting obligations are attached to senior positions. Other jurisdictions impose obligations that reach across the entire public sector. It is important for officials to understand their obligations so that any referrals can be made in a timely manner and in accordance with legislative requirements.
The following table identifies those officials with mandatory reporting obligations in each jurisdiction. Griffin Legal can assist our government clients to understand the mandatory reporting obligations in detail and assess any circumstances where referral to an integrity or anti-corruption body may be required.
| Jurisdiction and integrity body | Officials with reporting obligations (for specific details, see enabling legislation for each integrity body) |
| Commonwealth National Anti-Corruption Commission | Commonwealth agency heads Officials with responsibility for investigating internal disclosures under the Public Interest Disclosure Act 2013 (Cth) |
| Australian Capital Territory ACT Integrity Commission | Member of the Legislative Assembly Chief of Staff of: the Chief Minister a Minister the Leader of the Opposition Head of a public sector entity Senior Executive Service employees Public servants covered by the Public Sector Management Act 1994 (ACT) |
| New South Wales Independent Commission Against Corruption | NSW Ombudsman Commissioner of Police Principal officer of a public authority Officer who constitutes a public authority Minister of the Crown |
| Northern Territory Office of the Independent Commissioner Against Corruption | Broad range of prescribed public officers, including Chief Executives of government bodies, councils, various tertiary institutions, Commissioner of Police Public officers including a Minister, Member of the Legislative Assembly and members, officers or employees of a public body |
| Queensland Crime and Corruption Commission | Commissioner of Police Public officials |
| South Australia Office for Public Integrity | Broad range of public officials including the SA Governor, members of parliament, statutory office holders, Chief Executives of public sector administrative units and all other public sector employees |
| Tasmania Integrity Commission | N/A – no mandatory reporting obligations |
| Victoria Independent Broad-based Anti-corruption Commission | Principal officers of public bodies Chief Commissioner of Police Auditor-General Commission for Children and Young People Electoral Commissioner Chairperson of the Environment Protection Authority Governing Board Judicial Commission of Victoria Victorian Public Sector Commissioner Racing Integrity Commissioner Chief Executive Officer of the Victorian WorkCover Authority Victorian Ombudsman |
| Western Australia Corruption and Crime Commission | Parliamentary Commissioner Inspector of Custodial Services Principal officer of a notifying authority Officer who constitutes a notifying authority |
