The Commonwealth’s approach to
Anti -Corruption/Attorney Generals Department

This all is clear shit put out by the Federal Attorney General.
The Commonwealth Ombudsman and the Australian Public service protect corrupt conduct in Government  departments.
To make an example of NSW alone it has taken years to expose the corrupt Labor Minister and Labor MP Eddie Obeid  and Ian McDonald.
 It is a fact that the Federal Senator Doug Cameron endorsed the corrupt McDonald even though he was made aware  of the corruption.
The Commonwealth Ombudsman is also protecting the corrupt Adam Toma, Enforcement Manager at the Insolvency Trustee Service in the Attorney Generals portfolio

Endnotes
i. AWB Scandal Takes Its Toll, Says Corruption Watchdog
ii. http://www.apsc.gov.au/stateoftheservice/1011/chapt3.html
iii. Data on fraud is provided through the Australian Institute of Criminology’s report on
Fraud against the Commonwealth, the report to Parliament on Compliance with the
Financial Management Act requirements and the State of the Service Report (2011
Publications and Ministerial Statements, address by the Hon Gary Gray, AO MP).
iv. A copy of the Ministerial Standards can be found at http://www.dpmc.gov.au/guidelines/
index.cfm
v. http://www.nationalcompact.gov.au/.
vi. All references to legislation in this discussion paper are to Commonwealth legislation,
unless otherwise specified.
vii. A copy of the APS Values and Code of Conduct can be found at http://www.apsc.gov.au/
conduct/.
viii. View Commonwealth laws on anti-corruption at http://www.track.unodc.org/
LegalLibrary/Pages/Home.aspx.
ix. Further information can be found at http://www.ag.gov.au/www/agd/agd.nsf/Page/
Fraudcontrol_CommonwealthFraudControlGuidelines-May2002.
x. A copy of the Commonwealth Procurement Guidelines can be found at: http://www.
finance.gov.au/procurement/procurement-policy-and-guidance/CPG/index.html
xi. A copy of the Commonwealth Grant Guidelines can be found at: http://www.finance.gov.
au/financial-framework/financial-management-policy-guidance/grants.html

Introduction

Corruption is a corrosive global phenomenon that has a wide range of devastating impacts. It undermines democracy and the rule of law; discourages investment and distorts markets; diverts resources from important services like schools, hospitals and roads; and provides a breeding ground for organised crime and terrorism.

In combating corruption, the Australian Government seeks to adopt a cooperative leadership role internationally, regionally and domestically.

At the international level, Australia is a party to both the United Nations Convention against Corruption (UNCAC) and Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Australia is a key member of the G20 Anti-Corruption Working Group, having participated in the negotiation and development of the G20 Anti-Corruption Action Plan. Australia is also an active member of the Asia-Pacific Economic Cooperation (APEC) Anti-Corruption Working Group and the OECD Working Group on Bribery in International Business Transactions.

At the regional level, Australia is committed to working bilaterally with partner governments to support their own efforts against corruption. Effective governance is one of the five key strategic goals of the Australian Government’s aid program. Australia provides around A$1 billion each year to assist partner countries to strengthen their governance and anti‑corruption systems.

While Australia has a strong record of domestic action to prevent and expose corruption in both the public and private sectors, the government is conscious that we must not be complacent. In order to ensure Australia continues to be a leader in anti-corruption activities, the Australian Government announced the development of a National

Anti-Corruption Plan in 2011.

The plan will present the Commonwealth’s approach to anti-corruption. In doing this, the plan will outline the comprehensive measures that are already in place across the Commonwealth to combat corruption as part of Australia’s multi-agency approach to corruption and identify national priorities in this field. The plan will also examine whether the Commonwealth’s arrangements are adequate to combat existing and emerging corruption threats and align with international best practice. The plan will reflect the result of an extensive public consultation process and cooperation across all levels of government.

The National Anti-Corruption Plan will ensure that the Commonwealth is well positioned to address emerging corruption risks and that anti-corruption initiatives are well coordinated and targeted into the future.

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1. BACKGROUND

In September 2011, the Australian Government announced its intention to develop and implement Australia’s first National Anti-Corruption Plan. A key objective of the plan is to strengthen Australia’s existing governance arrangements by developing a Commonwealth policy on anti-corruption. The plan brings all relevant Commonwealth agencies together under a cohesive framework and strengthens the government’s capacity to identify and address corruption risks.

Australia has a strong record of global, regional and domestic action to prevent and expose corrupt activity. It was again ranked as the eighth least corrupt nation in the world in the recent Transparency International Corruption Perceptions Index. Recognising the need to ensure better coordination of Australia’s anti-corruption efforts and to effectively address emerging corruption risks, the Australian Government decided to develop a National Anti-Corruption Plan. The plan not only draws together the significant

anti-corruption initiatives and arrangements already in place within Australia, it recognises that efforts to combat corruption must be shared between all levels of government, the private sector and civil society.

What is the purpose of the National Anti-Corruption Plan?

Around the world corruption continues to have a serious and harmful impact on society and individuals’ lives. The recent upheavals in the Middle East and North Africa demonstrate the tragic and powerful role corruption plays in political instability and violence. While Australia has a strong record of successfully tackling corruption, there are instances of corrupt conduct in both the public and private sectors.

The primary purpose of the National Anti-Corruption Plan is to develop a cohesive framework to coordinate and guide anti-corruption activities in Australia. The plan will be structured in three parts:

1. a comprehensive outline of existing Commonwealth arrangements to combat corruption;

2. the results of a risk analysis of current and emerging corruption risks; and

3. a framework to ensure the plan is able to effectively address these risks into the future.

The plan will comprehensively outline the existing multi-jurisdictional approach to

anti-corruption. In Australia, a number of different agencies have specific responsibilities for tackling corruption in different levels of government, and in relation to specific types of corruption. For example, many states and territories have independent anti-corruption bodies or are considering their establishment.

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At the Commonwealth level, a number of agencies or office holders have specific roles in relation to corruption. For example, the Australian Commission for Law Enforcement Integrity provides independent assurance to government about the integrity of the Australian Federal Police, the Australian Customs and Border Protection Service and the Australian Crime Commission. The Australian Public Service Commissioner is responsible for promoting the Australian Public Service (APS) Values and Code of Conduct and evaluating the extent to which agencies uphold the APS Values and the adequacy of compliance with the Code of Conduct. Among other things, the Code of Conduct states that agency heads and APS employees must not use their employment improperly for personal gain.

The plan will also examine the Commonwealth’s current anti-corruption arrangements and assess their adequacy in light of existing and emerging corruption risks. This assessment of corruption risks will be informed by public submissions and risk-profiling activities currently being undertaken. This evaluation will result in the development of an ‘action plan’ with proposals to ensure the Commonwealth can effectively tackle corruption risks in the future.

The National Anti-Corruption Plan also meets a number of other important objectives, including:

• improving Australia’s compliance with UNCAC and assisting with the review currently underway of Australia’s compliance with the Convention;

• providing guidance to government stakeholders and members of the public on Australia’s approach to anti-corruption, including the roles and responsibilities of relevant agencies, and mechanisms for coordination across sectors;

• identifying national priorities in the fight against corruption; and

• addressing corruption risks identified in the Commonwealth Organised Crime Strategic Framework, and other relevant government reports such as those produced by the Australian Crime Commission and the Auditor-General.A n t i - C o r r u p t i o n P l a n A n t i - C o r r u p t i o n P l a n D i s c u s s i o n P a p e r 6

2. HAVE YOUR SAY

The government is committed to extensive public consultation on the development of the National Anti-Corruption Plan. Corruption can harm individual lives in a number of ways, and we encourage all interested stakeholders to take the opportunity to provide input into this important document. The public consultation process officially commenced at an event held on 9 December 2011, to mark International Anti-Corruption Day. Details of the public consultation process and speeches from the day can be found at

www.ag.gov.au/anticorruptionplan. We are particularly interested in community views on the following specific questions:

• In the context of the Commonwealth’s multi-agency approach to anti-corruption, could policy coordination and leadership be improved? If so how?

• What are the most important corruption threats to Commonwealth interests?

• To what extent is the Commonwealth vulnerable to those threats?

• Are risk mitigation strategies adequate? If not, how could they be improved?

• Are there ways in which the Commonwealth could enhance communication and information sharing with stakeholders, including civil society?

• Is there anything else about Commonwealth anti-corruption policies, programs or organisational arrangements you would like to discuss?

Public submissions close 20 April 2012. Submissions should be emailed to

anti-corruptionsection@ag.gov.au or mailed to:

Anti-Corruption Section International Crime – Policy and Engagement Branch Attorney-General’s Department 3-5 National Circuit BARTON ACT 2600

Further information on the public consultation process can be found at

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What is corruption?

While definitions of corruption abound, a commonly agreed definition is the misuse of entrusted power for private gain. It can take many forms and vary depending on local culture and context. For these reasons, the primary international instrument in this field, the UNCAC, does not offer an agreed international definition.

Corruption could be viewed as one end of a continuum of other undesirable behaviours, including maladministration and improper conduct. Identifying maladministration and improper behaviour is important as these types of behaviour may indicate an increased risk of corruption, or may lead to the development of a corrupt culture. At the other end of the continuum is the highest standard of ethical behaviour. The table below is indicative of how particular types of behaviour might be categorised but it is not intended to be definitive.

Maladministration refers to the making of an official decision in a manner which is inefficient, incompetent, contrary to law, arbitrary, unreasonable, without proper justification, lacking in procedural fairness, or made without due consideration of the merits of the matter. Maladministration may breach the APS Code of Conduct.

Improper behaviour can include inappropriate personal behaviour, misuse of government systems or misuse of government resources. Improper behaviour may also breach the APS Code of Conduct.

Highest Standards of Ethical Behaviour

• Acting with honesty • Managing resources appropriately • Using powers responsibly • Explaining reasons for decisions • Striving to do things in the best possible way