Frequently Asked Questions:

A. Why do you allege “CORRUPT CONDUCT”?

According to the ICAC website:

WHEN TO REPORT

Corrupt conduct is deliberate or intentional wrongdoing, not negligence or a mistake.

While it can take many forms, corrupt conduct occurs when:

  • a NSW public official dishonestly exercises his or her official functions, or improperly exercises his or her official functions in a partial manner, breaches public trust or misuses information or material acquired during the course of his or her official functions
  • a member of the public engages in conduct that could involve one of the matters set out in section 8(2A) of the Independent Commission Against Corruption Act 1988 where such conduct impairs, or could impair, public confidence in public administration.

Corrupt conduct is not always easy to recognise. The ICAC realises this and encourages the reporting of conduct wherever there is a reasonable suspicion that corrupt conduct has occurred

CORRUPT CONDUCT is defined under the ICAC Act Sect.7,8. & 9

B. Why do you allege “COMPLICIT WITH CORRUPT CONDUCT”?

The ICAC Act Sect.11 imposes an obligation on various senior government persons

ICAC Act Sect.11 Duty to notify Commission of possible corrupt conduct:


 

(1) This section applies to the following persons–

(a) the Ombudsman,
(b) the Commissioner of Police,
(c) the principal officer of a public authority,
(d) an officer who constitutes a public authority,
(e) a Minister of the Crown.

(2) A person to whom this section applies is under a duty to report to the Commission any matter that the person suspects on reasonable grounds concerns or may concern corrupt conduct.
(3A) A Minister of the Crown who is under a duty under this section to report a matter may (despite subsection (2)) report the matter either to the Commission or to the head of any agency responsible to the Minister.
(4) This section has effect despite any duty of secrecy or other restriction on disclosure.
(5) The regulations may prescribe who is the principal officer of a public authority, but in the absence of regulations applying in relation to a particular public authority, the principal officer is the person who is the head of the authority, its most senior officer or the person normally entitled to preside at its meetings.
(6) The regulations may prescribe the principal officer of a separate office within a public authority as the principal officer of the public authority in relation to matters concerning the separate office.

 

Further there is an obligation for senior government officials to act on complaints of wrongdoing.The failure to act on this obligation is call NON-Feasance (misconduct in public office)

Nonfeasance in Public Office

Nonfeasance in public office is a type of misconduct by a public official where they fail to perform a duty that they are legally required to do. Unlike misfeasance and malfeasance, nonfeasance involves an omission or failure to act, rather than an affirmative act. Nonfeasance can occur when a public official fails to act in a timely manner, fails to carry out their duties, or fails to take reasonable steps to prevent harm or damage to the public or to individuals.

To prove the offence of nonfeasance in public office, the prosecution must show that:

  • The accused was a public official with a duty to act;
  • The accused failed to perform a duty that they were legally required to perform;
  • The accused knew that their inaction could cause harm or damage to the public or to individuals, or was reckless as to the harm or damage caused; and
  • The accused’s failure to act caused harm or damage to the public or to individuals.

Nonfeasance in public office is a serious offence that can result in civil or criminal liability, depending on the circumstances. In civil proceedings, the affected party may seek damages for the harm or damage caused by the nonfeasance. In criminal proceedings, the accused may face imprisonment or fines, depending on the severity of the offence. Nonfeasance can occur in a variety of situations, such as when a public official fails to provide necessary services, fails to act on complaints, or fails to take action to prevent harm or damage to the public or to individuals.

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