Corruption Matters - June 2022 | Issue 59
In other news
Is pork barrelling corrupt? That was the central question discussed at a public forum held on 3 June 2022. Below, catch up on the ICAC’s 2022 suit of free workshops, Australia’s latest ranking in Transparency International’s annual index, who to contact at the ICAC for corruption prevention advice, and more.
Moderator Kerry O’Brien and panelists the Hon Joe Campbell QC, Professor Anne Twomey, the Hon Peter Hall QC, Professor AJ Brown, Ian Godwin and Dr Simon Longstaff AO
Pork barrelling: expert discussion
In recent years, pork barrelling has emerged as a key integrity issue in a number of jurisdictions. For example, the NSW Auditor General’s February 2022 report on Integrity in grant program administration made a number of hard-hitting findings about the NSW Stronger Communities Fund and Regional Cultural Fund.
Under the Independent Commission Against Corruption Act 1988, the definition of corrupt conduct includes conduct by a public official “that constitutes or involves a breach of public trust”. The ICAC is currently examining the circumstances where pork barrelling could breach public trust or otherwise involve corrupt conduct.
On 3 June 2022, the ICAC held a forum moderated by respected journalist Kerry O’Brien where subject matter experts, including ICAC Chief Commissioner, the Hon Peter Hall QC, discussed the integrity issues associated with pork barrelling. In addition to discussing whether pork barrelling can involve corrupt conduct, the experts dissected the legal and ethical implications of pork barrelling and any recommended changes to laws, policies and procedures.
Panelists’ papers and recordings of the forum are available for viewing.
Free workshops
The ICAC offers free interactive workshops to NSW public sector agencies and individual public officials to help build integrity, increase understanding about how and why corruption occurs, where the opportunities for corruption may be and how corruption can be prevented, detected, investigated and addressed.
We have recently added a number of new workshops, including “Corruption prevention for ICT professionals”, “Corruption prevention in a regulatory role” and “Corruption prevention in grant-making”.
Workshops can be conducted in-house for people within your organisation, and individual public officials can register to attend a workshop with participants from other agencies. They are facilitated by ICAC officers who draw on knowledge and experience from across all operational areas of the Commission.
ICAC workshops may be delivered in-person, where it is possible to do so in a COVID-safe way, or online. Please contact workshops@icac.nsw.gov.au to enquire about an in-house workshop or visit the Free workshops calendar to register your interest in attending one of our workshops as an individual public official.
NCAT decision finding councillor misconduct
In November 2021, the NSW Civil and Administrative Tribunal (NCAT) made its decision in Deputy Secretary, Local Government, Planning and Policy v Garrard.
The case arose from an ICAC investigation known as Operation Sigma. While the ICAC made no findings of corrupt conduct, it identified evidence that was referred to the Office of Local Government (OLG) for its consideration. The OLG’s own investigation led to the matter being brought before NCAT.
NCAT’s decision notes that, in February 2013, Paul Garrard, a then Parramatta City councillor, had paid a sum of $28,000 to Allan Chrara for the purpose for participating in a horseracing syndicate. This was followed by two further cash payments that, according to Mr Chrara, came to $22,000.
In August 2013, council considered “Mr Chrara’s development application for the construction of 51 units” on land at Rosehill. At the relevant council meeting, Mr Garrard “moved a motion for the variation of the building height restriction” and “was one of the councillors who voted to approve the development application”. At this meeting, Mr Garrard did not disclose his relationship with Mr Chrara or the payments he had made to Mr Chrara. The evidence given to NCAT was that, sometime in 2014, Mr Garrard “advised that he no longer wished to participate in the proposed horse syndicate and that he sought repayment of his investment”. The following month, Mr Chrara gave Mr Garrard a bank cheque for $50,000.
In his decision, the deputy president of NCAT found that Mr Garrard engaged in misconduct under the Local Government Act 1993 by making decisions about Mr Chrara’s development application while engaged in a financial transaction with Mr Chrara. It was also found that Mr Garrard and Mr Chrara had a friendship.
The NCAT decision highlights the importance of fully disclosing all conflicts of interest in a timely manner.
Access NCAT’s published decision here.
Transparency International Corruption Perceptions Index
Earlier this year, Transparency International released its annual Corruption Perceptions Index (CPI) report. The CPI measures perceived levels of public sector corruption.
Australia was ranked as the 18th least corrupt country out of 180, with a score of 73/100. Transparency International Australia noted that:
This is the worst result Australia has ever received since Transparency International’s new methodology began in 2012.
Since 2012, Australia’s score has dropped 12 points, and our rank in the global index has fallen 11 places (from 7th place in 2012). Of all the OECD countries, Australia tied with Hungary in dropping the most points (12) over this period.
According to the CPI, Denmark, Finland and New Zealand are perceived as being the world’s least corrupt countries while Somalia, Syria and South Sudan are the most corrupt.
The Transparency International Australia commentary can be found here and the global CPI results can be found here.
New email for corruption prevention advice
Readers wishing to obtain corruption prevention advice can now contact the ICAC at advice@icac.nsw.gov.au. Staff from the Corruption Prevention Division monitor this inbox and are available to respond to all requests for advice. Common topics include conflicts of interest, gifts and hospitality and procurement issues.
Individuals wishing to report suspected corrupt conduct should continue to use the ICAC’s online form or email icac@icac.nsw.gov.au.
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