D i s c u s s i o n P a p e r

T h e C o m m o n w e a l t h ’s a p p r o a c h t o

A n t i - C o r r u p t i o 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

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A n t i - C o r r u p t i o n P l a n

Introduction

3

Background

4

Have Your Say

6

Representative Democracy

9

Multi-Agency Model

12

Strong, Modern Legislative Regime and Guidelines

16

Working in Partnership –Commonwealth, State, Territory and Local Governments

20

Working in Partnership – Civil Society and the Private Sector

21

Effective International Engagement

23

Table of Contents

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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.