Commonwealth Consolidated Acts

NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 184

  (1)   The Inspector has the following functions:

  (a)   to detect corrupt conduct within, and relating to, the NACC;

  (b)   to undertake preliminary investigations into NACC corruption issues or possible NACC corruption issues;

  (c)   to conduct NACC corruption investigations into NACC corruption issues that could involve corrupt conduct that is serious or systemic;

  (d)   to refer NACC corruption issues to the NACC, Commonwealth agencies and State or Territory government entities;

  (e)   to investigate complaints of agency maladministration or officer misconduct made in relation to the conduct or activities of:

  (i)   the NACC; or

  (ii)   a staff member of the NACC;

  (f)   to audit the operations of the NACC for the purpose of:

  (i)   monitoring compliance with the laws of the Commonwealth; and

  (ii)   detecting agency maladministration and officer misconduct;

  (g)   to make recommendations to the NACC on the outcomes of such audits;

  (h)   to provide relevant information and documents to the Committee;

  (j)   to receive public interest disclosures (within the meaning of the Public Interest Disclosure Act 2013 ) and to deal with those disclosures;

  (k)   to report, and make recommendations, to both Houses of the Parliament on the results of performing the functions mentioned in paragraphs   (a) to (j).

  (2)   The Inspector also has such other functions conferred on the Inspector by this Act or by any other Act.

  (3)   For the purposes of this section:

"agency maladministration" means an act or omission engaged in by the NACC that:

  (a)   is unlawful conduct; or

  (b)   is not unlawful, but:

  (i)   is corrupt conduct; or

  (ii)   is unreasonable, unjust, oppressive or improperly discriminatory in its effect; or

  (iii)   arises, wholly or in part, from improper motives; or

  (iv)   arises, wholly or in part, from a decision that has taken irrelevant matters into consideration; or

  (v)   arises, wholly or in part, from a mistake of law or fact; or

  (vi)   is conduct of a kind for which reasons should have, but have not, been given; or

  (c)   is in accordance with a law or established practice, being a law or practice that is, or may be, unreasonable, unjust, oppressive or improperly discriminatory in its effect.

"officer misconduct" means conduct engaged in by a staff member of the NACC, which, if engaged in by the NACC, would amount to agency maladministration.