Best practice principles for Australian anti-corruption commissions
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Anti-Corruption Commissions have become an important element in the integrity frameworks in place at the State, Territory and Federal level in Australia, to investigate and report on allegations of corruption by public sector employees, holders of public office, individuals and entities contracted to perform public functions and people responsible for spending public money.
Anti-Corruption Commissions also perform an important corruption prevention role by exposing systemic risks and providing public education. While it is clearly the prerogative of each Legislature to determine the jurisdiction, functions and powers of an Anti-Corruption Commission, this guide considers the following twelve principles represent best practice for an Anti-Corruption Commission in an Australian jurisdiction:
- The ability to consider referrals from any third party
- The ability to commence an investigation on own volition (own motion powers)
- A requirement for the heads of public sector agencies to report allegations of corruption to the Anti-Corruption Commission
- The ability to conduct hearings to obtain evidence
- The ability to require the production of information or documents
- The ability to refer matters to a prosecuting authority
- The ability to make recommendations
- The ability to report on investigations and make public statements
- A corruption prevention function
- A sufficient and predictable budget
- Transparency of appointments
- Appropriate oversight
