National Anti-Corruption Commission

Legislation to establish the National Anti-Corruption Commission was passed by the Australian Parliament on 30 November 2022. The NACC began on 1 July 2023 and is led by former New South Wales Supreme Court Judge, the Hon Paul Brereton AM RFD SC.

Establishing an independent national anti-corruption commission was an election commitment by the Albanese Government. The NACC complements other integrity initiatives across Government, including introducing new corruption prevention measures, improving protections for whistleblowers and establishing and enforcing a Code of Conduct for ministers and for ministerial staff.

Under the NACC Act, a person engages in corrupt conduct if:

  • they are a public official and they breach public trust
  • they are a public official and they abuse their office as a public official
  • they are a public official or former public official and they misuse information they have gained in their capacity as a public official
  • they do something that adversely affects a public official’s honest or impartial exercise of powers or performance of official duties.

The NACC enhances integrity in the public sector by deterring, detecting and preventing corrupt conduct involving Australian Government public officials. It does this through educating, monitoring, investigating, reporting and referring. The NACC operates independently of government and has broad jurisdiction to investigate serious or systemic corruption. This includes the power to investigate Australian Government public officials, including ministers, parliamentarians and their staff, statutory office holders and employees and contractors of all government entities. It also includes the power to investigate any person who seeks to corrupt a public official.

A Parliamentary Joint Committee oversees the NACC. The Committee will review the NACC’s performance and budget. It is responsible for approving the appointments of the Commissioner, Deputy Commissioners and an independent inspector.

Senior barrister Ms Gail Furness SC has been appointed as the NACC Inspector, with the authority to investigate corruption issues and complaints about the NACC and monitor how it uses its powers.

The Australian Commission for Law Enforcement Integrity became part of the NACC on 1 July 2023.

See also

Australian Government (n.d.) National Anti-Corruption Commission, NACC website, https://www.nacc.gov.au/, accessed 5 October 2023.

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