Governmental institutions

 

Australian National Audit Office

G.P.O. Box 707

Canberra, A.C.T. 2601

Australia

Phone: 61-2-6203-7640

Fax: 61-2-6203-7722

e-mail: ag1@anao.gov.au

The Australian National Audit Office (ANAO) is a specialist public sector practice providing a full range of audit services to the Parliament and Commonwealth public sector agencies and statutory bodies.

To achieve these outcomes and meet the other responsibilities to the Parliament, Government, audit clients and the general public, ANAO produces an integrated range of audit reports and related products and services. ANAO's main products are financial statement and performance audits, complemented by audits of financial control and administration, and assurance control and assessment audits, as well as better practice guides.

Australian Public Service Commission

 

Australian Crime Commission

 

Australian Federal Police

 

Australian Transaction Reports and Analysis Centre (AUSTRAC)

AUSTRAC is Australia's anti-money laundering regulator and specialist financial intelligence unit .

The Australian Law Reform Commission

 

Corruption Prevention Network (CPN)

e-mail: cpn@corruptionprevention.net

CPN's mission is to provide people involved in preventing fraud and corruption with a broad range of opportunities to exchange information and ideas. The network was originally formed in 1994 and has run continuously ever since. The CPN is a NSW incorporated body.

The CPN is administered through a committee of elected volunteer public officials who are practitioners in corruption prevention. Support is also provided to the Committee from the Audit Office of NSW, NSW Independent Commission Against Corruption, NSW Ombudsman and the NSW Police Service.

The CPN achieves its mission by:

  • Electing a Committee to develop and implement a yearly business plan;

  • Conducting public conferences;

  • Maintaining a web page;

  • Operating an email forum as a discussion and information exchange;

  • Publishing newsletters;

  • Establishing strategic links with other organisations whose interests align with the CPN's mission. We maintain networks and dialogue with various government jurisdictions to stay abreast of developments.

The CPN 's e-library website offers a vast collection of codes of conduct and other material relevant to curbing corruption in the public sector.

National Institute for Governance

University of Canberra

ACT 2601 Australia

Tel: +61-2-6201-5607

Fax: +61-2-6201-5608

e- mail: nigov@management.canberra.edu.au

The Institute is a network of Australian and international research practitioners interested in key issues of contemporary governance. It draws upon the University of Canberra's extensive expertise as well as that of its partners. In particular, the Institute can deploy the internationally acknowledged expertise of the University of Canberra's governance related Research Centres .

The primary activities of the Institute include the hosting of public and closed forums, the identification of significant research issues and the dissemination of information to members. The public forums have included a Twilight Seminar Series conducted jointly with PricewaterhouseCoopers Legal, occasional public forums on topics of interest using particular expertise and conferences. Closed forums have been used to explore research issues, to develop our profile and to promote consultancies.

The three core programs of the Institute are:

  • Cross-sectoral Corporate and Business Structures

  • Cross-sectoral Participatory Governance

  • Capacity Building in Asia

Public Service and Merit Protection Commission

Edmund Barton Building

Barton Act 2600, Australia

Tel: (+61 2) 62723254

Fax: (+61 2) 62723026

PSMPC Helpline: (+61 2) 62723609

PSMPC Helpline e-mail: hotline@psmpc.gov.au

The mission of the PSMPC is to foster the achievement of a high performing, ethical and client focused public service, promoting quality management of people and work. The PSMPC generally aims to achieve its mission by providing advice and guidance to agencies rather than laying down prescriptive rules. It seeks to work in partnership with agencies to identify, develop, pilot and promote good practices in public administration.

In summary, the PSMPC's role involves:

  • providing advice to the Government on the Australian Public Service;

  • administering, and facilitating understanding of, relevant legislation, particularly the PS Act 1999 and subordinate legislation made under that Act;

  • providing advice to Agency Heads and managers on strategic people management and organisational performance;

  • supporting the implementation of government policy on the APS in matters such as the APS Values, the Code of Conduct, and workplace diversity;

  • monitoring and analysing issues, trends and innovations in people management;

  • contributing to effective leadership in the APS, and facilitating and providing Service-wide development and training to meet current and emerging needs;

  • reviewing actions affecting APS employees in their employment;

  • evaluating and reporting on the performance of the APS through the Public Service Commissioner's State of the Service Report; and

  • making information on the nature and composition of the APS accessible to the community.

New South Wales Independent Commission Against Corruption (ICAC)

GPO Box 500

Sydney NSW 2001

Phone: (+61-2) 9318 5999 / 1 800 463 913

Fax:(+61-2) 9699 8067

The Independent Commission Against Corruption (ICAC) was created by the ICAC   Act 1989. Its aims are to protect the public interest, prevent breaches of public trust and guide the conduct of public officials.

The Act gives the ICAC significant powers and discretion to:

  • expose corruption through investigations which can include public hearings

  • prevent corruption by giving advice and developing resistance to corrupt practices in public sector organizations

  • educate the public sector and the community about corruption and the role of the ICAC.

These functions aim to expose and minimize corruption that is within and affects the NSW public sector.
The ICAC is a public authority, but is independent of the government of the day.

New South Wales Crime Commission

 

Police Integrity Commission (NSW)

The Police Integrity Commission (the Commission) was established in 1996 upon the recommendation of the Royal Commission in to the New South Wales Police Service (the Royal Commission).

The Police Integrity Commission Act 1996 sets out the principal functions of the Commission. These functions can be summarised briefly as: preventing, detecting or investigating serious police misconduct; and, managing or overseeing other agencies in the detection and investigation of serious police misconduct and other police misconduct. The Commission is also to manage those matters not completed by the Royal Commission. The Commission is, as far as practicable, required to turn its attention particularly to serious police misconduct.

Corruption and Crime Commission (CCC) Western Australia

 

Anti-Corruption Commission Western Australia

 

The Australian Law Reform Commission

 

Crime and Misconduct Commission (CMC) (Queensland)

 

 

 

 



    Legal resources

 

Anti-Corruption Commission Act 1998

Published on the website of the Australasian Legal Information Institute.

(An Act to provide for an Anti-Corruption Commission to receive or initiate allegations of corruption, or of criminal or improper conduct of certain kinds, against police officers and other public officers and certain other people, to provide for the way in which such allegations are to be inquired into, investigated or otherwise dealt with, and for related purposes.)

 

 

Mutual Assistance in Criminal Matters Act 1987

Published on the website of the Australian Attorney-General's Department.

 

 

Proceeds of Crime Act 2002

 

 

 

Provisions of the Australian Criminal Code implementing the OECD Convention on Bribery of Foreign Public Officials in International Business Transactions

(Act Nr. 43, 1999 on Bribery of Foreign Public Officials as amended).

 

 

 

NSW Independent Commission against Corruption Regulation Act 2000

In force under the Independent Commission Against Corruption Act 1988. Published on the website of the Australasian Legal Information Institute.

 

 

Protected Disclosure Act (New South Wales) 1994

Published on the website of the Australasian Legal Information Institute.

The NSW Ombudsman Office has published the 5th edition of the Protected Disclosure Guidelines in May 2004. These Guidelines have been prepared to give practical guidelines for public officials who are responsible for implementing the Act to assist them to meet management obligations.

 

 

Freedom of Information Act 1982

 

 

 

Banking (State Bank of South Australia and Other Matters) Act 1994

 

 

 

Cash Transactions Reports Act 1988 and
Cash Transactions Reports Amendment Act 1991 No. 188 of 1991

 

 

 

Crimes Legislation Amendment Act (No. 2) 1991 No. 123 of 1991 and
Crimes Legislation Amendment Act 1992 No. 164 of 1992

 

 

 

Financial Transaction Reports Act 1988 and
Financial Transaction Reports Regulations 1988

Detailed information on the Financial Transaction Reports Act 1988 on the website of AUSTRAC, the government agency responsible for the implementation of the Act

 

Australian Public Service Code of Conduct

 

 

Commonwealth Fraud Control Guidelines 2002

 

 

Commonwealth Procurement Guidelines & Best Practice Guidance

The purpose of the Commonwealth Procurement Guidelines is to provide a policy framework to assist and ensure that Government agencies achieve Value for Money in their procurement activities.

The most recent edition of the guidelines was released in February 2002. The guidelines clarify what is required and expected in Commonwealth purchasing. The guidelines emphasize accountability in the achievement of outcomes rather than providing detailed procedures.

The Guidelines are issued by the Minister for Finance and Administration under Regulation 7(1) of the Financial Management and Accountability Regulations. They apply to the procurement of all property and services, and by outlining the fundamental policies and principles that underpin procurement, they articulate the expectations that exist on officials, or agents conducting procurement on behalf of the Commonwealth, in the design, conduct and management of all aspects of Government procurement.

 

For additional legal resources, you may consult the databases of

SCALEplus

SCALEplus is the legal information retrieval system run by the Australian Attorney-General's Department. SCALEplus is an integral part of the Australian Law Online initiative to bring low or no-cost access to the law for the community.

Australasian Legal Information Institute (AustLII)

 

World Legal Information Institute (WorldLII)

 

 



    Technical assistance and international organizations

 

World Bank Country Office Australia

Mr. Graham Barrett

Tel: (61-3) 9815 2832
Fax: (61-3) 9815-2831
Email:
Gbarrett@worldbank.org

 

 

 

 



    Analysis

 

OECD Country Report in the Implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions - Australia

Report by the CIME , Paris: OECD, 22 June 2000.

 

 

OECD Convention - Overcoming Obstacles to Enforcement - TI-Report on Australia

This paper, prepared by Transparency International in 2003, analyzes what steps can be taken to overcome obstacles to enforcement of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The paper represents TI Australia 's position on enforcement of the Convention in Australia and makes further suggestions and comments about overcoming obstacles to enforcement of the Convention.

 

 

Developing Policy Assessment Measures for Integrity and Corruption: Prevention Activities: The Australian Experience

OECD 2004. Symposium on How to Assess Measures for Promoting Integrity and Preventing Corruption in the Public Service (9-10 September 2004)

 

 

Corruption and Democracy in Australia

By Barry Hindess, Political Science Program, Research School of Social Sciences, The Australian National University for the Democratic Audit of Australia

 

 

The Management of Public Ethics and Conduct in the Public Service - Country Study Australia

By Mike Jones, Public Service and Merit Protection Commission, Australia. This Study reflects the situation in December 1995.

 

 

Open Government: A Review of the Federal Freedom of Information Act 1982

The Australian Law Reform Commission. Published on the website of the Australasian Legal Information Institute.

 

 

FATF 40 Recommendations on Combating Money Laundering, Summary of the 1st Round Mutual Evaluation for Australia

Financial Action Task Force on Money Laundering, 25 June 1992.

 

 

Managing Conflict of Interest in the Public Service: OECD Guidelines and Country Experiences

OECD. Paris 2004. This Publication contains inter alia a country study on Australia's "Principle-based approach in Devolved Management". Further Information on the Publication is available here.

 

 

Business Integrity Systems Assessment (BISA)

The Business Integrity Systems Assessment (BISA) undertaken by RMIT School of Management supported by Andersen, BHP-Billiton and Telstra as part of the Australian National Integrity Systems Assessment, auspiced by Transparency International Australia and Griffith University's Key Centre for Ethics, Law, Justice and Governance took place from September 2000 to June 2001. The objective of the project was to clarify and map how businesses in Australia develop and manage business integrity systems (BIS).

 

 

Improving Standards of Integrity in the Public Sector: The Queensland Experience

Dr David Brereton , Director, Research and Prevention Division , Queensland Criminal Justice Commission , Brisbane, Queensland, Australia .

Presentation to the 1st International and 7th National Conference by the Korean Association for Corruption Studies ‘A New Paradigm for Preventing Corruption in the New Millennium: a Comparative Perspective’ Seoul January 2000

 

 

Transparency International Survey of Queensland 's Integrity System

Australian National Integrity Systems Assessment, Queensland Handbook

By the Key Centre for Ethics, Law, Justice and Governance, Griffith University in cooperation with TRANSPARENCY INTERNATIONAL AUSTRALIA, July 2001

 

 

Integrity Assessment Australia

Analysis published by the Washington-based Center for Public Integrity. The Center for Public Integrity is a nonprofit, nonpartisan, tax-exempt organization that conducts investigative research and reporting on public policy issues around the world.

The analysis describes the legal and institutional framework as well as the situation along six categories: Civil Society, Public Information and Media; Electoral and Political Processes; Branches of Government; Administration and Civil Service; Oversight and Regulatory Mechanisms; and Anti-Corruption Mechanisms and Rule of Law, all with a view to integrity and accountability of the state and the government institutions. The page also provides third-party comments and precisions to each of these categories. The Integrity Scorecard developed by the Center for Public Integrity, provides additional information, analysis and views regarding these categories.

 

 

The Adequacy of the Protected Disclosures Act to Achieve its Objectives

NSW Ombudsman, April 2004

While the paper's primary purpose is to assess the NSW Protected Disclosures Act 1994, it provides useful information about whistleblower protection in general and requirements for successful whistleblower protection laws.

 

 

The Money Trail: Confiscation of Proceeds of Crime, Money Laundering, and Cash Transaction Reporting

FISSE, Brent, FRASER, David, COSS, Graeme, eds., North Ryde, N.S.W. : Law Book Co., 1992, 451p.

 

 

Criminalising Foreign Bribery in New Australian Proposals: Background Documents for Round Table Meeting in Canberra on 10 March 1998

TRANSPARENCY INTERNATIONAL AUSTRALIA, Sydney, 1998.

 

 

Dividing the Spoils: Markets, Government and Corruption

BROOKS, Michael Anthony, West Perth, WA, Australia: Australian Institute for Public Policy, 1991, 131p.

 

 

Whistleblowers

DEMPSTER, Quentin, Sydney, NSW: ABC Books, 1997, 251 p.

 

 

Three Whistleblower Protection Models: A Comparative Analysis of Whistleblower Legislation in Australia, the United States and the United Kingdom

GROENEWEG, Sheryl, Comparative Merit Systems Unit, Research Directorate, Public Service Commission of Canada, October 2001, 21 p.

(In light of recent discussions about public servant whistleblowing protections for public servants in Canada, this paper provides a comparative analysis of three whistleblowing models, an Australian case, the United Kingdom and the United States.)

 

 

Battered Plaintiffs - injuries from hired guns and compliant courts

LENNANE, Jean , President of Whistleblowers Australia , April 2000 

 

 

APEC Survey on Government Procurement
Member Economy: Australia

 

 

 

Prevention is Better than the Cure: Corruption Prevention in NSW, Australia

ELLIOTT, L., Paper presented at the Seventh International Anti-Corruption Conference, Beijing, China, 6-10 October, 1995

(Commentory providing an overview of the corruption prevention strategies used by the NSW ICAC; these strategies involve the co-operation and the assistance of the agencies to which the ICAC's work is directed)

 

 

Unraveling Corruption: A Public Sector Perspective: A Survey of NSW Public Sector Employees' Understanding of Corruption and Their Willingness to Take Action

GORTA, Angela, FORELL, Suzie, Independent Commission Against Corruption Research Report No. 1, April 1994.

 

 

Managing Public Expenditure in Australia

WANNA, John, KELLY, Joanne, FORSTER, John, Allen & Unwin, 2000, 352 p.
(This book provides an analysis of Australian government budgeting and the politics of the budgetary process. The authors examine debates and reforms in public finance from 1949-2000 and assess their impacts on policy development. In tracking the way governments actually spend money, the book provides an alternate and complementary political history of Australian federal government over the past forty years. It also includes discussions on budget theory, financial management in government, debt and deficit reduction, and new resource management techniques.)

 

 

For other relevant publications , consult the publications website of the New South Wales Independent Commission against Corruption .

 

 

 



    Nongovernmental organizations

 

Centre for Democratic Institutions

Research School of Social Sciences

The Australian National University

Canberra ACT, 0200 Australia

Tel: +61-2-61250605

Fax: +61-2-61259726

e-mail: cdi@anu.edu.au

CDI provides training and technical assistance on issues relating to good governance, democracy and institutional strengtheninig in the Asia-Pacific region.

 

 

Key Centre for Ethics, Law, Justice and Governance

Barbara Johnstone, Manager

Griffith University

Humanities Building

Nathan Campus

Queensland 4111 Australia

Tel: +61-7-38756671

Fax: +61-7-38756634

e-mail: B.Johnstone@mailbox.gu.edu.au

The Key Centre for Ethics, Law, Justice and Governance focuses its research on the institutions that embody and protect the values of liberal democracy - liberty, democracy, rights, citizenship, welfare, community and the rule of law. In recent years, concerns have been raised about the effectiveness of our institutions and the ethics of those who run them. Institutions - including the institutions of government, the market and civil society - are seen as alienating and overweening, and as failing to live up to the values that they were established to further. Other concerns relate to the reduced power and confidence of institutions to address critical socio-economic issues, especially employment, crime, public safety and the environment.

 

 

Transparency International Australia

P.O. Box A2327

Sydney South NSW 1235

phone/fax: (+61 3) 98900503

e-mail: tioz@transparency.org.au

TI-Australia is the national chapter of Transparency International (TI), the global coalition against corruption, with a presence in some 70 countries. TI-Australia was launched in March 1995 to raise awareness of international business corruption in Australia and to initiate moves to combat it.

 

 

Whistleblowers Australia

e- mail: wba@whistleblowers.org.au

The goal of Whistleblowers Australia (WBA) is to help promote a society in which it is possible to speak out without reprisal about corruption, dangers to the public and environment, and other vital social issues, and to help those who speak out in this way to help themselves.

WBA uses two main approaches to achieve this goal. The first is to encourage self-help and mutual help among whistleblowers, and the second is to support campaigns on specific issues.

Self-help and mutual help
The best ways for whistleblowers to succeed in their own efforts is for them to develop their own skills and understanding and to exchange insights with others in similar situations. WBA facilitates self-help by providing articles and leaflets to whistleblowers and by publishing a newsletter. The organization facilitates mutual help by holding meetings of  whistleblowers and supporters, and by providing contacts with like-minded individuals and groups.

Campaigns
WBA supports initiatives and ongoing efforts to create a culture where people can speak out without reprisal. Some campaigns are:

  • Whistleblower legislation. Whistleblowers can be protected by laws against reprisals. In 1996 there were five whistleblower acts in Australia, with no conformity between them. All have severe flaws and have been criticised by whistleblower organizations. One problem is that they provide no protection against attacks in the first place.

  • Free speech for employees. Repressive legislation and bureaucracies inhibit many workers from making disclosures. This legislation needs to be repealed. The right of private sector employees to speak out on issues of social importance also needs to be promoted.

 

 

The Association of Consulting Engineers Australia

T. Charles, Chief Executive Officer
P.O. Box 1002
75 Miller Street
North Sydney NSW 2060
Australia
Tel: 61 (2) 99 22 47 11
Fax: 61 (2) 99 57 24 84
e-mail: acea@acea.aust.com

The ACEA (Association of Consulting Engineers Australia) is Australia’s peak body of firms providing technology based intellectual consulting services for the built and/or natural environment. ACEA firms provide services in building, infrastructure, oil and gas, transportation, mining, communications and information technology, agriculture, food processing and manufacturing.
The ACEA mission is:

  • to be the business voice of member firms

  • to enhance a profitable business environment

  • to provide the forum for member firms to interact and resolve issues of common interests

  • to identify and respond to the changes in community attitudes that affect member firms

  • to defend its code of ethics and to affirm that member firms practice in accordance with the Code.

 

 

Australian Association for Professional and Applied Ethics (AAPAE)

Dr Bruce Langtry, President
Philosophy Department
University of Melbourne
Parkville, Vic 3010
Tel: (+61-3) 8344 7261
Fax: (+61-3) 8344 4280
e-mail: b.langtry@philosophy.unimelb.edu.au

The Australian Association for Professional and Applied Ethics (AAPAE) grew out of a conference on Teaching Applied Ethics held in Sydney in 1992.Academics and professionals from many different backgrounds met together, found a great deal of common ground, profited from their interchanges, and were eager to meet again on a regular basis. The next step was to form an association which could bring together people normally separated by traditional discipline boundaries. Hence the formation in 1993 of the AAPAE, a non-partisan, non-profit national umbrella organisation for all those concerned with applied ethics in its many forms.

The broad purpose of the AAPAE is to encourage awareness of applied ethics as a significant area of concern, and to foster discussion of issues in applied ethics. It provides a meeting point for practitioners from various fields together with academics with specialist expertise. It welcomes everyone who wants or needs to think and talk about applied or professional ethics. The AAPAE also attempts to foster connections with special interest groups. The AAPAE does not endorse or support any particular viewpoint, but rather aims to promote a climate in which different and differing views, concerns, and approaches can be expressed and discussed.

 

 

Institute of Chartered Accountants in Australia

37 York Street
Sydney, N.S.W. 2000, Australia
Tel: +61-2-92901344
Fax: +61-2-92625469
e-mail: stephen@icaa.org.au

The Institute of Chartered Accountants in Australia (ICAA) was constituted by Royal Charter in 1928. The ICAA now operates under a Supplemental Royal Charter (amended from time to time) granted by the Governor-General on behalf of Queen Elizabeth II on 23 August 2000.

The principal role of the Regional Councils is to provide advice to the Board on strategic policy and member issues, act as a link between the Board and members in their region, assist in public profiling and liaison with State and Territory governments, and carry out such functions as may be delegated to them by the Board. Each Regional Council has either six or nine members elected by the members in that region.

The ICAA has a set of rules and regulations that are binding on CAs and are in place to ensure the high professional standing of CAs is maintained. CAs in public practice must hold a Certificate of Public Practice issued by the ICAA. This puts a number of obligations on CAs, including:

  • Professional Indemnity (PI) insurance. CAs must hold a minimum level of PI insurance. The level will depend on the size of the firm and the type of work it undertakes. The ICAA requires members to confirm annually that they have this insurance in place.

  • Continuing Professional Education (CPE). CAs must undertake a minimum of 120 hours CPE over 3 years to ensure that they keep their professional knowledge up to date.

  • Trust Accounts. Where a CA conducts a trust account, an annual audit must be completed.

In addition, CAs must comply with the ICAA’s Code of Professional Conduct. The code stipulates the ethical requirements placed on CAs. Should there be a breach of the code, the ICAA has a complaints/disciplinary procedure to ensure that genuine matters can be dealt with.