Frequently asked questions

About corruption

Can a private citizen engage in corrupt conduct?

A private citizen can engage in corrupt by:

  • influencing, or trying to influence, a public official to use his or position in a way that is dishonest or partial
  • engaging in conduct that could involve one of the matters set out in section 8(2A) of the ICAC Act where such conduct impairs, or could impair, public confidence in public administration.

 

How does someone come to be found to be corrupt?

The ICAC may, based on evidence available to it, make a finding that an individual has engaged in serious corrupt conduct. In all cases where a public inquiry has been held or where a matter has been referred for investigation to the ICAC by both Houses of the NSW Parliament, the ICAC's findings are published in investigations reports that are provided to the NSW Parliament.

Investigation reports are available on this website for a period of 10 years after they are made public.

What sort of conduct is corrupt?

For the purposes of the ICAC's work, corrupt conduct is defined in sections 7, 8 and 9 of the Independent Commission Against Corruption Act 1988 ("the ICAC Act"). Generally, corrupt conduct involves:

  • a NSW public official improperly using, or trying to improperly use, the knowledge, power or resources of his or her position for personal gain or the advantage of others
  • a NSW public official dishonestly exercising his or her official functions or improperly exercising his or her official functions in a partial manner, exercising his or her functions in a way that breaches public trust or misuses information or material acquired during the course of his or her official functions
  • a member of the public influencing, or trying to influence, a NSW public official to use his or her position in a way that is dishonest or partial
  • a member of the public engaging in conduct that could involve one of the matters set out in section 8(2A) of the ICAC Act where such conduct impairs or could impair public confidence in public administration.