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
Radha Thomas, Director Governance and University Secretary
Compliance Coordinator
Radha Thomas, 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.
Breach Impact Financial:
Under s115 Penalties for offences committed by corporations - the maximum penalty applicable to a corporation convicted of an offence against this Act or the regulations is (except in so far as other provision is made by section 116) double the pecuniary penalty otherwise applying to the offence.
Maximum penalty—100 penalty units or imprisonment for 2 years, or both for Obstruction of Commission, Inspector and others / False complaints about possible corrupt conduct / Fail to comply with a notice
Maximum penalty—200 penalty units or imprisonment for 5 years, or both, for: Detrimental action offence / False and misleading evidence / intent to delay or obstruct the carrying out by the Commission of any investigation / Procuring false testimony by witness / Bribery of or fraud on a witness
Maximum penalty—200 penalty units or imprisonment for 7 years, or both for Bribery of officer of Commission
Breach Impact Non-Financial:
Criminal Penalties:
Corporate Liability:
Criminal prosecution for corrupt conduct
Penalties for false testimony
Sanctions for concealing corrupt conduct
Prosecution for misleading ICAC
Individual Liability:
Personal liability for directors/officers
Criminal charges for individuals
Imprisonment terms possible
Professional disqualification
Executive Liability: Indirect.
Criminal Penalty/Offence: Yes.
Responsible Manager
Radha Thomas, Director Governance and University Secretary
Coordinating Officer
Radha Thomas, 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
Protocol
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview