Corruption Defined

The 1980s were a turbulent economic period, spawning serious corruption in both public and private sectors. In NSW Australia, perhaps reflecting a background as a convict colony, the government mad a serious move to address the problems of corruption.

The Independent Commission Against Corruption (ICAC) was established under the Independent Commission Against Corruption Act 1988. The ICAC Act can be found here.

“The establishment of an anti-corruption body in NSW responded to growing community concern about the integrity of public administration. This followed events that included the imprisonment of a Chief Magistrate and a Cabinet Minister, criminal trials of senior officials, and an enquiry into the police force, which led to the discharge in disgrace of a Deputy Commissioner of Police.” ICAC

Since its establishment ICAC has become a leading model for the fight against corruption. Part of their success in the field is a clear definition of corruption:

The ICAC deals with corruption as it is defined in the ICAC Act. Below is the extract from the ICAC Act - Section 8 - which provides a definition of corruption, public officials and public authorities in the ICAC Act.

Section 8 - General nature of corrupt conduct

(1) Corrupt conduct is:

a. any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority, or

b. any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions, or

c. any conduct of a public official or former public official that constitutes or involves a breach of public trust, or

d. any conduct of a public official or former public official that involves the misuse of information or material that he or she has acquired in the course of his or her official functions, whether or not for his or her benefit or for the benefit of any other person.

(2) Corrupt conduct is also any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by any public official, any group or body of public officials or any public authority and which could involve any of the following matters:

a. official misconduct (including breach of trust, fraud in office, nonfeasance, misfeasance, malfeasance, oppression, extortion or imposition)

b. bribery

c. blackmail

d. obtaining or offering secret commissions

e. fraud

f. theft

g. perverting the course of justice

h. embezzlement,

i. election bribery

j. election funding offences

k. election fraud

l. treating

m. tax evasion,

n. revenue evasion

o. currency violations

p. illegal drug dealings

q. illegal gambling

r. obtaining financial benefit by vice engaged in by others

s. bankruptcy and company violations

t. harbouring criminals

u. forgery

v. treason or other offences against the Sovereign

w. homicide or violence

x. matters of the same or a similar nature to any listed above

y. any conspiracy or attempt in relation to any of the above.

(3) Conduct may amount to corrupt conduct under this section even though it occurred before the commencement of this subsection, and it does not matter that some or all of the effects or other ingredients necessary to establish such corrupt conduct occurred before that commencement and that any person or persons involved are no longer public officials.

(4) Conduct committed by or in relation to a person who was not or is not a public official may amount to corrupt conduct under this section with respect to the exercise of his or her official functions after becoming a public official.

(5) Conduct may amount to corrupt conduct under this section even though it occurred outside the State or outside Australia, and matters listed in subsection (2) refer to:

a.matters arising in the State or matters arising under the law of the State, or

b.matters arising outside the State or outside Australia or matters arising under the law of the Commonwealth or under any other law.

(6) The specific mention of a kind of conduct in a provision of this section shall not be regarded as limiting the scope of any other provision of this section.

Click here to link to the ICAC Glossary.

There is a good deal of excellent information available on the The Independent Commission Against Corruption website, which is a delight to navigate. If not, return as I will be looking at aspects of the ICAC Act.