How the ICAC manages reports of corrupt conduct

The ICAC deals with all matters in a professional, objective, unbiased and fair manner.

Initial processing

Following a report or complaint about suspected corrupt conduct, the ICAC will:

  • register the matter on a database
  • acknowledge receipt of the matter
  • ask the complainant for more information if necessary
  • if the matter is within the ICAC's jurisdiction, compile a report to the ICAC Assessment Panel ("the Panel") for consideration and decision on a course of action.

Deciding on further action

The Panel decides the course of action that will be taken on matters, reports and complaints within the ICAC's jurisdiction. Depending on the nature, the Panel may decide to:

  • refer the matter to another agency if it is outside the authority of the ICAC. For example, the ICAC would refer a complaint about corrupt conduct by a NSW police officer to the Law Enforcement Conduct Commission, depending on the level of seriousness
  • decide to take no action because the matter complained about does not constitute corrupt conduct under the Independent Commission Against Corruption Act 1988 ("the ICAC Act")
  • direct either the agency that is the subject of the complaint, or an appropriate supervisory agency, to investigate and report back to the ICAC (the Panel makes this decision only where the agency has the capacity to conduct an investigation and would not be compromised)
  • conduct assessment enquiries; for example, to establish whether the agency involved has already dealt with the matter. Depending on these enquiries, the ICAC may decide to take no further action, refer it to another agency or undertake an investigation
  • develop corruption prevention advice for the organisation concerned if the matter is about systemic problems rather than corrupt conduct
  • launch an investigation.

Advising the complainant

The ICAC aims to notify the individual, who submitted the allegations of corruption, of the planned action and reason as soon as possible.

Following a report of corruption

All complaints and reports received are carefully considered by the ICAC and decisions are made about appropriate action.

The ICAC may refer the matter to the organisation which is the subject of the complaint, may decide to undertake its own investigation or may decide to undertake corruption prevention and education work.

The ICAC Act gives the ICAC the discretion to decide whether or not it will conduct an investigation. This discretion applies to all information received, except matters referred by both Houses of the NSW Parliament, which the ICAC must investigate.

The ICAC cannot prosecute people. It can, however, recommend that the Director of Public Prosecutions consider prosecuting individuals for specific offences.