Weekly update: referrals, assessment and investigations

Referral and assessment 

At the end of the reporting period, the Commission had: 

• received 3126 referrals 
• excluded 2393 referrals at the triage stage because they did not involve a Commonwealth public official or did not raise a corruption issue 
• 195 referrals awaiting triage 
• 305 triaged referrals under assessment including 28 under preliminary investigation 
• assessed 262 referrals, in respect of which the Commission: 
  • decided to take no further action in 252 cases. Typically, this is because the referral does not raise a corruption issue, or there are insufficient prospects of finding corrupt conduct, or the matter is already being adequately investigated by another agency, or a corruption investigation would not add value in the public interest. 
  • referred 9 corruption issues to agencies for investigation or consideration. 
  • decided to investigate 20 corruption issues itself. 
  • decided to investigate 8 corruption issues jointly with another agency. 

Assessment is the process by which the Commission considers whether a referral is in its jurisdiction and raises a corruption issue (which we call triaging) and, if so, whether and how to investigate the issue. 

In a preliminary investigation, the Commission can use some of its investigatory powers, such as compelling the provision of information or documents, to help it determine whether there is a corruption issue that should be further investigated. 

The Commission has concluded 7 preliminary investigations, finding that no corruption issues arose. 

Sometimes multiple referrals raise the same corruption issue. This is why there may be a difference between the itemised figures above and the total number of referrals. 

The Commission’s assessment policy is available on its website at How the NACC assesses corruption issues. 

Investigations 

The Commission is currently: 

• conducting 24 corruption investigations, including 7 joint investigations. In one of these investigations, charges have already been laid and an arrest made, as previously announced. 
• overseeing 4 investigations it has referred to other agencies. 

Sometimes multiple corruption issues are included in a single investigation. This is why there may be a difference between the total number of corruption issues under investigation and the total number of investigations. 

The Commission inherited 22 investigations from the Australian Commission for Law Enforcement Integrity (ACLEI), in various stages of progress. 

There were 7 still-active investigations: 

• 5 transitioned to the National Anti-Corruption Commission Act 2022 investigations. 
  • 1 has been referred to the Commonwealth Department of Public Prosecutions (CDPP). 
  • 4 remain active; 1 of them is before the courts and has already resulted in 1 conviction. 
• 2 remain active investigations under the Law Enforcement Integrity Commissioner Act 2006. 

Additionally: 

• 5 matters are or have been before the courts. 
  • 2 have resulted in convictions. 
  • 1 has resulted in a committal for trial. 
• 2 matters are under consideration by the CDPP. 
• In 1 matter, the Commission has completed a final report, with no corruption finding. The Commission anticipates that a public version of that report will soon be released. 
• In another 7 matters in which there were no prosecutions, final reports are being prepared. 

The Commission is currently monitoring 17 investigations that ACLEI previously referred to other agencies. 

The Commission does not comment on ongoing investigations, as to do so may compromise operational activities or unfairly impact reputations. 

Inquiry by the Inspector of the National Anti-Corruption Commission 

The Commission welcomes the Inspector’s inquiries into its reasons for deciding not to conduct an investigation into the issues referred to it by the Robodebt Royal Commission. The Commission’s decision is available on its website. The Commission will cooperate with the Inspector. Beyond that, it is inappropriate to comment while the Inspector is making her inquiries. For more information about accountability and governance structures at the Commission visit the accountability and reporting page. 

Report corruption

The Commission appreciates the ongoing interest and referrals. We will continue to reach out to individual referrers where we need additional information, or to let them know if we have decided not to proceed further.

If you wish to report a corruption issue in the Commonwealth public sector, visit nacc.gov.au or call 1300 489 844.