Corruption Matters - June 2022 | Issue 59
Independent advice: dos and don’ts
In public service, many key decisions are based on, or supported by, independent advice; typically provided by an external subject-matter expert. But what if that advice is not really independent – or worse, deliberately manipulated?
Agencies frequently require the advice of external, independent experts in information technology, human resources, change management, town planning, and so on. In many situations, important decisions hinge on the nature of that advice. It is therefore critical that these experts be engaged, managed and paid in a manner that maintains their independence
But if that advice is not really independent – or worse, if it has been deliberately manipulated – the decision-making process may be biased or even corrupt.
In some situations, a public official could intentionally hide behind manipulated “independent” advice to distance themselves from a particular course of action.
The ICAC has produced a six-page document that provides public sector agencies with some guidance about the best way to obtain and use independent advice.
What to look out for when engaging an independent expert? Here are a few tips.
- While it is good practice to look for an expert who is reputable, qualified and provides value for money, there is no point “advice shopping”. Be prepared to receive advice that is not consistent with the agency’s own point of view.
- Agencies should engage independent experts who are part of a professional association or peak body that has its own code of ethics and professional standards. They should also carry professional indemnity insurance.
- If the engagement entails examining a sample of data, the independent expert should select the sample – not the agency. But it is acceptable for the agency to express a view about the sampling methodology.
- Agencies should rotate independent experts from time-to-time or draw from a pool of potential advisers. This lessens the co-dependence between the agency and any one adviser.
Download Independent advice: dos and don’ts from the ICAC website.
As with any supplier, the agency should carry out proportionate due diligence procedures before engaging an independent expert (see Supplier due diligence: a guide for NSW public sector agencies
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