The Commission provides corrections to misinformation in the public domain to ensure that the media and the public have access to accurate information in relation to NACC functions and operations.
November 2024
Defence and Thales
Source: Alternative media
Misinformation: ‘The NACC sent the Thales case back to Defence.’
Correction: It is a matter of public record that the NACC received a referral in relation to a Thales contract from the Department of Defence. The referral remains under consideration in accordance with the Commission’s usual processes. The Commission did not refer the matter back to Defence. A referral to the NACC does not preclude Defence from continuing its own investigation of the matter (s 39 of the NACC Act).
October 2024
Inspector's report
Source: Commentary in media
Misinformation: ‘The Commissioner has been found to have engaged in misconduct which is reprehensible.’
Correction: The Inspector found the Commissioner's involvement in the decision-making process (given the perceived conflict of interest disclosed by him) could give rise to a possible perception of bias, and ‘was not unlawful … but arose from a mistake of law or fact’. It was ‘a mistake as to the requirements of procedural fairness which is apt to be described as an error of judgement’. The Inspector made no finding of actual bias or intentional wrongdoing.
Under the NACC Act, any mistake of fact or law is deemed to be ‘officer misconduct’. The term covers a very broad range of conduct. Mistakes of law or fact are made by judicial officers, tribunal members and administrative decision-makers on a daily basis.
Source: Commentary in media
Misinformation: ‘The Inspector made an adverse finding in relation to the Commissioner’s integrity.’
Correction: The Inspector found that the Commissioner made a mistake of law or fact. The Inspector’s Report contains no suggestion of intentional wrongdoing, actual bias, or other impropriety by the Commissioner. The Inspector made no adverse finding in relation to the Commissioner’s integrity.
Operation Bannister / Paladin
Source: Media and social media
Misinformation: ‘The NACC investigated Paladin and found no corruption.’
Correction: Operation Bannister was an investigation by the former Australian Commission for Law Enforcement Integrity (ACLEI) which transitioned to the NACC on 1 July 2023, after investigatory procedures were complete. The NACC became responsible for reporting. The investigation was limited to whether a Department of Home Affairs employee with familial ties to Paladin may have abused their office by assisting Paladin to obtain a contract with Home Affairs and did not otherwise investigate Paladin. The evidence revealed no corrupt conduct by this Home Affairs employee.
Commission secrecy
Source: Media and social media
Misinformation: ‘The NACC is not an intelligence agency subject to secrecy provisions. As part of Australia’s democratic system the Commission should provide information about referrals prior to its investigation.’
Correction: The NACC is not an intelligence agency but the NACC Act contains restrictions on information the Commission can make public.
The Commission publishes general data about referrals and investigations in its weekly updates. Publicising details of referrals under consideration or current investigations would put people of interest on notice and may compromise the evidence available to Commission investigators. It can also cause unfair damage to reputations.
The NACC’s approach to disclosure is consistent with other law enforcement bodies, such as the AFP.
July 2024
Commissioner conflict of interest
Source: Media and social media
Misinformation: The Commissioner is a ‘close personal friend’ with one of the persons referred by the Robodebt Royal Commission.
Correction: The Commissioner declared immediately and repeatedly that he had a perceived (not actual) conflict of interest, arising from a prior professional, not personal, relationship with one of the referred persons. The Commissioner and that individual have never socialised other than at official functions, nor visited each other’s homes.