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ICAC Annual Report 2006-2007 Independent Commission Against Corruption Annual report Annual 2006-2007 ICAC Annual report 2006-2007 Independent Commission Against Corruption Against Commission Independent Independent Commission Against Corruption ADDRESS Level 21, Piccadilly Centre, 133 Castlereagh Street, Sydney NSW 2000 POSTAL GPo Box 500, Sydney NSW 2001 EMAIL [email protected] TELEPHONE (02) 8281 5999 or 1800 463 909 (toll-free for callers outside metropolitan Sydney) TTY (02) 8281 5773 (for hearing-impaired callers only) FACSIMILE (02) 9264 5364 WEBSITE www.icac.nsw.gov.au BUSINESS HOURS 9.00 am – 5.00 pm Monday to Friday This publication is available in other formats for the vision-impaired upon request. Please advise of format needed, for example large print or as an ASCII file. ISSN 1033-9973 © October 2007 – Copyright in this work is held by the Independent Commission Against Corruption. Division 3 of the Commonwealth Copyright Act 1968 recognises that limited further use of this material can occur for the purposes of ‘fair dealing’, for example for study, research or criticism etc. However, if you wish to make use of this material other than as permitted by the Copyright Act 1968, please write to the ICAC at GPO Box 500, Sydney NSW 2001. This report was produced in print and electronic formats for a total cost of $29,654. 800 copies of the report were printed and the report is also available on the ICAC website www.icac.nsw.gov.au. Independent Commission Against Corruption ADDRESS Level 21, Piccadilly Centre, 133 Castlereagh Street, Sydney NSW 2000 POSTAL GPo Box 500, Sydney NSW 2001 EMAIL [email protected] TELEPHONE (02) 8281 5999 or 1800 463 909 (toll-free for callers outside metropolitan Sydney) TTY (02) 8281 5773 (for hearing-impaired callers only) FACSIMILE (02) 9264 5364 WEBSITE www.icac.nsw.gov.au BUSINESS HOURS 9.00 am – 5.00 pm Monday to Friday The Hon Peter Primrose MLC The Hon Richard Torbay MP President Speaker Legislative Council Legislative Assembly Parliament House Parliament House Sydney NSW 2000 Sydney NSW 2000 25 October 2007 Mr President Mr Speaker Under section 76 of the Independent Commission Against Corruption Act 1988, I am pleased to forward to each of you the ICAC annual report for the year ended 30 June 2007 for presentation to Parliament. The report has been furnished in accordance with the Independent Commission Against Corruption Act 1988 and the Annual Reports (Departments) Act 1985. Pursuant to section 78(2) of the ICAC Act, I recommend that this report be made public immediately. This recommendation allows either presiding officer of the Houses of Parliament to make the report public, whether or not Parliament is in session. Yours faithfully The Hon Jerrold Cripps QC Commissioner CONTENTS Commissioner’s foreword 4 Chapter 5: Accountability 59 Overview 60 Chapter 1: Overview of results for 2006–07 7 Reporting to the Parliamentary Joint Committee The ICAC charter 8 and Inspector of the ICAC 61 Key results for 2006–07 8 Business activity compliance and governance 63 KRA 1: Exposing corruption 8 Reporting the work of the ICAC 65 KRA 2: Preventing corruption 10 KRA 3: Accountability 11 Chapter 6: Our organisation 67 KRA 4: Our organisation 12 Overview 68 Performance results 68 Chapter 2: Assessing matters 13 A learning organisation 69 Overview 14 Provide a safe, equitable, productive and satisfying Profile of matters received 14 workplace 71 Complaints from the public (section 10 complaints) 16 Be a lead agency in our governance and Protected disclosures 19 corporate infrastructure 72 Reports from public sector agencies (section 11 reports) 22 Monitoring performance and effective How matters are analysed 25 resource management 75 The assessment process and decisions 26 Chapter 7: Financial statements 77 Outcomes of matters closed 29 Appendices 97 Chapter 3: Investigating corruption 31 Appendix 1: Complaints profile 99 Overview 32 Appendix 2: Statutory reporting 108 Continuous improvement of investigation practices and administration 32 Appendix 3: Prosecutions and disciplinary actions in The investigation process 33 2006–07 arising from ICAC investigations 110 Develop strategic alliances to optimise investigative Appendix 4: Implementation of recommendations for outcomes 34 reform arising from ICAC investigations 117 Investigations in 2006–07 35 Appendix 5: The ICAC and litigation 118 Use of statutory powers 36 Appendix 6: Legal change 119 Compulsory examinations and public inquiries 38 Appendix 7: Complaints against ICAC officers 119 Investigation reports 39 Appendix 8: Privacy and personal information 119 Investigation outcomes 41 Appendix 9: Statement of affairs 119 Appendix 10: Freedom of information 120 Chapter 4: Preventing corruption 43 Appendix 11: Participation in significant committees 122 Overview 44 Appendix 12: ICAC publications in 2006–07 124 Continuous improvement of prevention practices and knowledge 45 Appendix 13: Summary of training engagements, presentations and delegation visits 125 Strategies and projects to resist and respond to corruption 45 Appendix 14: Overseas travel 128 Corruption prevention guidance and advice 50 Appendix 15: Organisational chart 129 Promoting community awareness and confidence Appendix 16: Chief Executive Officer and Senior in reporting corruption 55 Executive Service 130 ICAC Annual Report 2006–2007 Appendix 17: Access and equity 131 Appendix 18: Disability Action Plan 136 Appendix 19: Ethnic Affairs Priorities Statement 136 Appendix 20: Commission Consultative Group 137 Appendix 21: Occupational health and safety (OHS) 137 Appendix 22: Training statistics 138 Appendix 23: Consultancies 138 Appendix 24: Payment performance indicators 139 Appendix 25: Electronic service delivery 139 Appendix 26: Insurance activities 139 Appendix 27: Major assets 140 Appendix 28: Energy management 140 Appendix 29: Waste reduction and purchasing policy 140 Appendix 30: Code of conduct 140 Appendix 31: Review of credit card use 147 Appendix 32: Major works in progress 147 Appendix 33: Guarantee of service 147 Index 148 Contents COMMISSIONER’S FOREWORD ICAC Annual Report 2006–2007 During the financial year ending 30 June 2007 the Conformably with a practice started in 2001, this year Commission received and assessed 2,149 matters, the Commission in the discharge of its education and most of which were not markedly dissimilar from the prevention functions visited two regional centres: matters received during 2005–06. There were 522 New England and the North Coast. The Commission reports of suspected corrupt conduct from principal attaches importance to these visits because they bring officers of public agencies pursuant to section 11 of the its identity to the attention of the general public in ICAC Act, 680 complaints from members of the public country areas and encourage people to cooperate pursuant to section 10 of the Act and 194 protected with the work of the Commission. They also offer disclosures by public officers. to NSW public sector employees in the areas visited the opportunity to participate in workshops covering The Commission commenced investigating 73 matters a range of corruption-related issues, including tips in 2006–07. Of these, 28 derived from section 10 and advice on how to build corruption resistance complaints, 31 from section 11 reports, six from within their local agencies. The Commission conducts protected disclosures and eight from other sources. participant evaluations of these regional visits which During the year the Commission undertook four have shown that the visits are highly valued. public inquiries. As well, the Commission undertook There has always been debate concerning the efficacy investigations of two allegations of corrupt conduct of strategies and suggested practices designed to without having a public inquiry and in respect of reduce the incidence of corrupt conduct in NSW. It which there were no findings of corrupt conduct but is difficult, if not impossible, to precisely identify how corruption prevention recommendations were made. much corruption there was in NSW before the ICAC commenced its work in 1988 or, indeed, how much In total, six investigation reports were published which corruption would have remained undetected in the made findings of corrupt conduct against 17 people State had the ICAC not undertaken its work, and what and 113 corruption prevention recommendations (of works and what doesn’t. The Commission is entitled, I these two related to inquiries that had been concluded think, to boast that public exposure of corrupt conduct during 2005–06 and another was a report made and the recommendations and publications of the pursuant to section 14(2) of the Act). In its reports Commission concerning corruption prevention have the Commission included statements that it was of the had a significant effect on the reduction of corrupt opinion that consideration should be given to obtaining conduct. the advice of the Director of Public Prosecutions with respect to the prosecution of 16 people for specified Of significance is the fact that when the Commission criminal offences. was established in 1988, the then Premier the Hon Nick Greiner AC expressed the opinion that the most In addition to its investigative function, the Commission important function of the Commission would be to is charged with providing education and advice to restore and maintain public confidence in the integrity agencies to minimise corrupt conduct. During 2006–07, of public agencies and of people holding positions of it produced six corruption prevention advice or public trust. In December 2006, a community attitude research publications, responded to 276 advice requests survey of more than 500 NSW residents found that 82 and delivered 70 training courses and presentations in per cent of people interviewed were aware of the work compliance with this function. During the year a great undertaken by ICAC and 93 per cent of those thought deal of work went into the planning of the inaugural that the Commission was ‘a good thing’ (meaning that Australian Public Sector Anti-Corruption Conference by its work the Commission promoted confidence in (in conjunction with the Queensland Crime and the integrity of the public institutions of NSW).
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