Compliance Framework
Compliance Driver
Independent Commission Against Corruption Act 1988 (NSW)
Classification
Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
Independent Commission Against Corruption
Administrative Name
Administrative Address
Physical Address
Level 7
255 Elizabeth Street
Sydney NSW
Australia, 2000
Mailing Address
GPO Box 500
Sydney NSW
Australia, 2001
Administrative Phone
1800 463 909
02 8281 5999
Administrative Email
icac@icac.nsw.gov.au
Administrative Website
http://www.icac.nsw.gov.au/
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General Introduction
VC Compliance Delegate
Susannah Warrick, Director Governance and University Secretary
Compliance Coordinator
Susannah Warrick, Director Governance and University Secretary
Business Units Impacted
Overview
The Act constitutes the Independent Commission Against Corruption in NSW (the Commission) as an independent and accountable body with special powers to inquire into allegations of corruption and with the following responsibilities: (i) to investigate, expose and prevent corruption involving or affecting public authorities and public officials, and (ii) to educate public authorities, public officials and members of the public about corruption and its detrimental effects on public administration and on the community.
The University, as a public authority, is within the jurisdiction of the Commission and the Vice-Chancellor (as the principal officer) has the duty to report to the Commission any matter where there is a reasonable suspicion that corrupt conduct has occurred or may occur.
Offences under the act are in the realm of obstructing justice (destroying evidence, failure to produce documents, provision of misleading evidence, hindering the conduct of an investigation, bribery of witnesses, procuring false testimony). Further, the Act prohibits the University as an employer from dismissing or disciplining an employee on account of assistance to the Commission.Compliance Obligations
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Duty to report
Description
Under section 11 of the Act, the Vice-Chancellor (as principal officer of the University) has a duty to report to the Independent Commission Against Crime any matter where there is a reasonable suspicion that corrupt conduct has occurred or may occur.
Reporting a matter to the ICAC under section 11 does not affect any obligations to report the matter to bodies such as the NSW Police Force, Auditor-General or NSW Ombudsman or to be prepared to carry out any warranted disciplinary action.
Impacts
The duty to report overrides any duty of confidentiality. As it is a statutory duty, a principal officer is protected in making such a report from any civil or criminal liability.
Responsible Manager
Susannah Warrick, Director Governance and University Secretary
Coordinating Officer
Susannah Warrick, Director Governance and University Secretary
Coordinating Unit
Internal Audit
Oversight Committee/Group
Audit and Risk Committee
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview