Responding to Corrupt Conduct
When corrupt conduct is alleged or suspected, the University has statutory obligations through the ICAC Act and the Protected Disclosures Act (see below), and other obligations imposed by its own policies and procedures.
In order to reduce the risk of the corrupt conduct happening again, the University's longer-term response might include educating staff to recognise corruption and deal with the more high risk exposures to corruption; show commitment from the top to the prevention of corruption; enforce existing policies, including taking appropriate action for policy breaches, and take other appropriate actions that will further encourage trust in management.
Public Interest Disclosure Act 1994
One option for public officials to report corrupt conduct is to make an internal disclosure under the University's Internal Reporting Policy which, through the Public Interest Disclosure Act 1994 [www.legislation.nsw.gov.au/maintop/view/inforce/act+92+1994+cd+0+N], provides protection from reprisals.
For a person to be protected under the Act, the disclosure must be:
- made by a public official in relation to his/her official work;
- about a public official or public agency;
- voluntary, rather than made under a statutory obligation to report;
- 'show or tend to show' corrupt conduct, maladministration, serious and substantial waste;
- made to an investigating authority, the principal officer of an agency, a person identified as one who can accept disclosures (such as a protected disclosures co-ordinator), or an MP or journalist (in very limited circumstances).
In such cases, the University has an obligation to maintain confidentiality, assess the disclosure to determine what action will be taken, provide feedback to the complainant and ensure the complainant is protected against reprisals.
Updated: 28 August 2012