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Annual Report 2003-2004 03-04 Annual report 2003–2004 03-04 Annual report Annual What is the ICAC and what do we do? 2003–2004 The Independent Commission Against Corruption (ICAC) is a New South Wales public sector organisation, created by the Independent Commission Against Corruption Act 1988 (ICAC Act). Although a public authority, it is independent of the government of the day, and is accountable to the people of NSW through the NSW Parliament. In order to build and sustain integrity in the NSW public sector, the ICAC: assesses and profiles complaints made by individuals and reports made by Chief Executive Officers of public authorities investigates corrupt conduct not just to make findings about individuals, but to examine the circumstances that allowed the corruption to occur. Recommendations are made and guidance is given to prevent these circumstances recurring builds corruption resistance by providing advice, information and training to remedy potential or real problems, by tailoring solutions to address major risks or assist targeted sectors and by working with the public sector to build their capacity to identify and deal with corruption risks. Independent Commission Against Corruption To ensure the proper and effective performance of these functions, the ICAC: is accountable to the people of NSW, through the Parliament, and meets statutory and other reporting requirements manages, supports and develops its staff in support of these activities. The Annual Report is structured around the five key functions outlined above. Independent Commission Against Corruption Annual report 2003–2004 2003–2004 in brief Regulation in NSW – how the ICAC fits in There are a number of organisations that contribute to the The NSW Ombudsman is responsible for safeguarding regulatory framework in NSW: the public interest by providing for the redress of Assessing complaints Investigating corruption Preventing corruption justified complaints and promoting fairness, integrity and reports The ICAC is a standing commission of inquiry that In 2003–2004, the ICAC: In 2003–2004, the ICAC: focuses specifically on corrupt conduct. As well as and practical reforms in public administration. The In 2003–2004, the ICAC: commenced 34 investigations and responded to 322 telephone and email undertaking investigations, the ICAC is also charged Ombudsman’s jurisdiction includes administrative review received and assessed 901 complaints 136 preliminary investigations, in requests and 53 written requests for with helping prevent public sector corruption and and investigation of complaints about police, freedom corruption prevention advice from members of the public, addition to 14 investigations and educating the community and the public sector about of information and allegations of child abuse. The containing 1,370 allegations five preliminary investigations provided corruption prevention corrupt conduct and the importance of maintaining the Ombudsman has other responsibilities regarding protected received and assessed 306 carried over from 2002–2003 advice in relation to 53 complaints/ disclosure advice, witness protection appeals and auditing protected disclosures containing 520 held 33 days of public hearings in reports of corrupt conduct integrity of public administration. made a total of 92 specific corruption of agency records for telecommunications interception allegations relation to five investigations and 35 Corrupt conduct can be any conduct by any person received and assessed 677 reports days of private hearings in relation prevention recommendations in and controlled operations. (whether or not a public official) that adversely affects, from NSW government agencies to 15 matters investigation reports The NSW Audit Office provides advice to Parliament, conducted training, education and or could adversely affect, the honest or impartial exercise conducted initial enquiries for was granted 73 warrants for use of Government and public sector agencies about public 203 matters and commenced 254 listening devices and 34 warrants for information exchange programs in of official functions by a New South Wales public official sector performance. It conducts audits under the Public preliminary enquiries undertaken by telephone intercepts and conducted two regional areas in NSW or public authority. To be considered corrupt within the Assessment Officers seven controlled operations responded to 32 requests for meaning of the Independent Commission Against Corruption Finance and Audit Act 1983 and other NSW Acts and may continued to improve policies and exercised formal powers under speakers and provided 37 training Act 1988 (ICAC Act), the conduct must also be serious. conduct an audit of all or any of the particular activities sessions to agencies procedures to ensure that the rights sections 21, 22, 23, 35 and 40 of the That is, the conduct must, if proved, be of a type that of a public authority concerning efficiency, economy and and special needs of persons making ICAC Act on 504 occasions completed two Corruption compliance with relevant laws. protected disclosures are observed published 11 investigation reports, Resistance Reviews, and made 58 could constitute or involve: The Police Integrity Commission investigates complaints continued to participate as a member containing recommendations that resultant corruption prevention – a criminal offence, of the Protected Disclosures Act the DPP consider the prosecution recommendations of serious misconduct against NSW police officers. Implementation Steering Committee of a total of 18 persons for criminal produced and distributed training – a disciplinary offence, and corruption prevention resources (PDAISC). offences – reasonable grounds for dismissing, dispensing with the built a dedicated audio/video and in video, radio and print formats services of, or otherwise terminating the services of a computer forensic studio to improve posted information on the ICAC and capacity to acquire, store and reporting corruption on the ICAC public official, or website in 29 languages manage our technical product – in the case of conduct of a Minister of the Crown or a completed the upgrade of the ICAC conducted marketing campaign for Member of a House of Parliament, a substantial breach hearing room to provide on-screen, ICAC multilingual information real time transcripts during hearings materials and distributed 68,715 of an applicable code of conduct or conduct that and enhanced evidence presentation copies to public sector agencies in brings the Parliament or the office of the Minister or capacities response to requests. Member into serious disrepute and involves a breach participated in the establishment and of the law. development of the NSW Digital Evidence Group. 2003–2004 in brief Accountability and Our people – governance our organisation In 2003–2004, the ICAC: In 2003–2004, the ICAC: appeared before two hearings of the continued to promote its learning completed the implementation of Parliamentary Joint Committee on strategy with 780 participants new electronic records management the ICAC attending training activities and a and human resources systems that convened six meetings of the leadership program introduced for provide improved file search features Operations Review Committee senior managers for records and electronic self service (ORC) which in total, considered redeveloped the staff performance facilities for staff in both systems 1,807 matters – the majority of management system to include substantially completed the review recommendations made by the position accountabilities, and update of Commission corporate ICAC were accepted with no or core behaviour competencies policies commenced in 2001–2002 minor alteration and improved guidelines on with 29 policies in 2003–2004 either commissioned an external review performance feedback updated or newly introduced of reporting to the ORC and developed and implemented a developed and published Our implemented all recommendations hearing risk assessment template statement of business ethics as a guide to improve reporting processes and that identifies, assesses and applies for private sector organisations succession planning appropriate treatments to the risks providing services to the ICAC. was subject to three compliance to witnesses, the public, staff and inspections by the Ombudsman in the media attending public or respect of telephone interceptions private hearings and controlled operations completed the redevelopment of completed a review of performance the ICAC’s internet and intranet measures, with reporting against sites providing improved website these measures scheduled for the useability, ease of navigation and 2004−2005 financial year better search facilities was subject to one audit in upgraded hearing room equipment accordance with section 11 of the and facilities to provide on-screen Law Enforcement and National real time transcripts during hearings, Security (Assumed Identities) electronic presentation of evidence Act 1998 which did not disclose and multimedia broadcasting of any fraudulent or other criminal proceedings via the ICAC’s local behaviour. area network 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 2004 – 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
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