Frequently asked questions
If you are a current NSW public official or person engaged to provide services to a NSW public authority (including an empoyee or officer of a corporation engaged to provide services) and you make a complaint to the ICAC as a public interest disclosure, your matter falls within the Public Interest Disclosures Act 1994 and it is an offence for reprisal action to be taken against you for doing so. This includes such things as harassment, discrimination and dismissal from employment.
It is an offence against the Independent Commission Against Corruption Act 1988 for anyone to victimise a member of the public for assisting the Commission - see section 93 of the ICAC Act.
If you consider you have been victimised as a result of lodging a complaint you should let the ICAC know immediately.
The ICAC accepts complaints from the general public and from public officials in the following forms:
- in writing – GPO Box 500, Sydney 2001
- by fax – (02) 9264 5364
- by telephone – (02) 8281 5999 or toll-free 1800 463 909
- TTY – (02) 8281 5773 (for hearing-impaired callers only)
- by email – email@example.com
- by online complaint form
- in person – the ICAC is located at Level 7, 255 Elizabeth Street, Sydney. It is advisable to make an appointment with the Assessments duty officer if you wish to lodge your complaint in person.
To assess your information fully, you should let us know:
- what happened
- when it occurred
- who was involved (including names and titles of public officials)
- why you consider the conduct corrupt
- whether you have any documents that might support your allegations
- who else you have reported it to and what response have you received, if any.
All reports and complaints received that are within the ICAC's jurisdiction are considered by an internal committee made up of senior officers – the Assessment Panel.
This Panel decides on the action the ICAC will take:
- refer the matter to another agency or take no action
- request an investigation and report-back by another agency
- conduct assessment enquiries
- provide corruption prevention analysis and/or advice
- undertake an investigation.
The ICAC is concerned with investigating, exposing and preventing corruption in and affecting the NSW public sector. The ICAC does not have jurisdiction over the NSW Police Force or the NSW Crime Commission, nor over private sector organisations or individuals unless their conduct involves:
- 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 such matters set out in section 8(2A) of the Independent Commission Against Corruption Act 1988 where such conduct impairs or could impair public confidence in public administration (information in bold updated October 2015 to reflect the Independent Commission Against Corruption Amendment Act 2015).
The ICAC does not have jurisdiction over entities in other states or at a federal level.
Any member of the public, including public officials, can lodge a complaint but the matter must concern suspected corrupt conduct affecting the NSW public sector. If you are a current NSW public official or an individual contracted to a NSW public authority at the time you report your concerns, you may be entitled to the protections available under the Public Interest Disclosures Act 1994.
Section 11 of the Independent Commission Against Corruption Act 1988 provides that all principal officers of NSW public sector authorities have a duty to report all matters they suspect on reasonable grounds concerns corrupt conduct. This includes general managers of local councils, secretaries and chief executives of government departments, as well as any officer who constitutes a public authority. Others with a duty to report such matters include the NSW Ombudsman, the Police Commissioner and ministers of the Crown.
For any questions about this reporting duty, please contact the Manager Assessments on (02) 8281 5786.