MinterEllison's Guide to the National Anti-Corruption Commission

3 minute read  11.07.2023 James Beaton, Phil Stefanovski, Claire Harford

A practical guide for public officials and private companies who interact with the Commonwealth government to understand the scope of the NACC.

The National Anti-Corruption Commission commenced on 1 July 2023. This new body is responsible for investigating serious or systemic corrupt conduct by Commonwealth public officials or private companies and individuals who interact with the Commonwealth government.

Now that the NACC has commenced, and given the scope of its powers, it is important that public sector clients and private sector clients who interact with the Commonwealth government, consider what steps they need to take to ensure they understand the NACC and that this is reflected in their policies and practices. Such steps include:

  1. Ensuring that employees receive training about the NACC, particularly in relation to their obligations and rights under the legislation;
  2. Undertaking risk assessments to ensure a comprehensive understanding of who qualifies as a current or former public official, and continue to undertake these risk assessments when entering government contracts or hiring new staff and contractors;
  3. Advising contractors and sub-contractors that they may be subject to the NACC; and
  4. Considering what policies should be updated or implemented in relation to the processes for mandatory and voluntary referral of matters to the NACC and how to respond to a NACC investigation, including the engagement of legal support and support for employees involved in an investigation.

MinterEllison has prepared a guide on the NACC outlining the key aspects of the NACC legislation, and what it may mean for you, your business and its operations.

MinterEllison's Guide to the National Anti-Corruption Commission