Commonwealth Approach To Anti-Corruption

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The Commonweal t hs approach t o
Ant i - Cor r upt i on
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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 Governments aid program. Australia provides
around A$1billion 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 Commonwealths 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 Australias multi-agency approach
to corruption and identify national priorities in this field. The plan will also examine
whether the Commonwealths 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 Australias first National Anti-Corruption Plan. A key objective of the plan is to
strengthen Australias 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 governments 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 Australias 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 Commonwealths 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 Australias compliance with UNCAC and assisting with the review currently
underway of Australias compliance with the Convention;
providing guidance to government stakeholders and members of the public on
Australias 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.
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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 Commonwealths 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-Generals Department
3-5 National Circuit
BARTON ACT 2600
Further information on the public consultation process can be found at
www.ag.gov.au/anticorruptionplan.
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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.
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
Maladministration Improper Behaviour Corruption
Managing badly
Inefficiency
Bad judgement and
decisions
Incompetence
Lack of due process
Inappropriate personal
behaviour (e.g. harassment)
Misuse of government
systems
Misuse of government
resources (could also be
corruption)
Misuse of entrusted power
or office for private gain
Behaviour that may be administrative misconduct
Behaviour that may be criminal
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.
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Corruption can occur on many levels, from small illicit payments as part of routine
bureaucratic processes, to the large scale diversion of public resources to corrupt
individuals. Corruption affects both the public and private sectors and can be facilitated by
bribery, embezzlement, money-laundering, nepotism and cronyism.
How does corruption affect Australias national interests?
Corruption has the potential to threaten a range of Australian Government interests, including:
Australias international reputation Corruption has the potential to undermine
Australias reputation for high standards of governance, robust law and justice
institutions, and transparent and fair markets. The 2012 Index of Economic Freedom found
that Australias judicial system operates independently and impartially, with consistent
application of laws. Property rights and contract enforcement are very secure. Effective
anti-corruption measures discourage bribery of public officials and uphold clean
government. However, even one corruption or bribery matter can damage Australias
international standing. For example, the Inquiry into certain Australian companies in
relation to the UN Oil-for-Food Programme (the Cole Inquiry, 2006) found that the adverse
consequences of the Australian Wheat Boards (AWB) bribery of Iraqi officials were
immense. Trade with Iraq worth more than A$500 million per annum was forfeited,
and AWB cast a shadow over Australias reputation in international trade. Transparency
International attributed this scandal to Australia temporarily losing its place in 2007 as
one of the ten least corrupt countries in the world.
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National and global security The Australian Government identified serious and
organised crime as a national security priority in the Commonwealth Organised Crime
Strategic Framework. The framework identifies corruption as a major challenge in
addressing organised crime. Criminal networks actively seek out individuals within
law enforcement and other public sector entities to corruptly undertake and conceal
illicit activities, and to launder the proceeds of crime. Similarly, the Australian Crime
Commissions 2011 report, Organised Crime in Australia, analysed the international
convergence of corruption, political instability and violent extremism. This convergence
provides an enabling environment for moving and exchanging drugs, arms, people,
stolen or pirated goods and for funding criminal and extremist activities. The report
found that states with high levels of corruption feature prominently among failed,
failing and rogue states. Such states provide a base for both transnational organised
crime and terrorist groups.
International development The UN General Assemblys 2010 report Keeping the
promise: united to achieve the Millennium Development Goals emphasised that fighting
corruption is a high priority as corruption diverts resources away from poverty eradication,
the fight against hunger and sustainable development. The World Banks Stolen Asset
Recovery Initiative (StAR) estimated that developing countries lose between US$20 billion
and US$40 billion each year to bribery, embezzlement, and other corrupt practices.
Domestic public sector governance and financial integrity Data from the most
recently published Australian Public Service Commissioners State of the Service Report
shows the level of misconduct in the Australian Public Service continues to be low,
with less than four in every 1,000 employees being found to have breached the APS
Code of Conduct.
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Any instances of fraud, however, can be damaging to the Australian
Government, both financially and in terms of reputation.
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3. REPRESENTATIVE DEMOCRACY
Australia has a strong federal and democratic system of representative government
that is, government by representatives of the people who are chosen by the people. This
fundamental principle is enshrined in the Australian Constitution and, together with
independent and impartial courts and non-partisan public services, provides a strong
foundation upon which anti-corruption measures can be built.
Respect for the rule of law, accountability and having the highest ethical standards are the
foundations of any democracy and provide the grounding for a society that is resilient to
corruption. Indeed, the Australian public rightly expects high standards of behaviour and a
high level of performance from their government, public institutions and the business sector.
Our federal system of government has developed a comprehensive anti-corruption system
of checks and balances for both the public and private sectors. Continuing to ensure all
elements of this system are appropriate and functioning effectively is critical to the success
of these efforts. This includes ensuring laws are appropriate and effectively enforced,
ensuring the correct institutions and frameworks are in place, working in partnership across
all sectors to ensure our efforts are coordinated, continuing to educate and innovate on
anti-corruption measures, and ensuring continued political commitment to combating
corruption.
In 2007, the Australian Government introduced new Standards of Ministerial Ethics,
requiring Commonwealth ministers to conduct themselves to a high standard of conduct.
The standards are underpinned by the principle that ministers and parliamentary
secretaries must act with due regard for integrity, fairness, accountability, responsibility
and the public interest ensuring that corrupt behaviour is not tolerated at the most senior
levels of national government.
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Constitutional framework
Commonwealth legislative power
The Australian Constitution establishes a federal system in which legislative, executive and
judicial powers are shared or distributed between the Commonwealth and six states. It also
enables the Commonwealth Parliament to make laws in relation to territories. There are
ten territories, of which three are self-governing.
The Constitution does not confer on the Commonwealth Parliament the power to make
laws on all subjects but lists subjects about which it can make laws. While the list of
powers given to the Commonwealth Parliament does not expressly refer to corruption, the
Commonwealth can rely on various heads of power to support laws designed to prevent and
punish corrupt conduct across a wide range of activities regulated by the Commonwealth.
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State legislative power
The states each have their own constitution, but these must be read subject to the
Australian Constitution. Except for a few matters, a state parliament can make laws on any
subject of relevance to that state. Accordingly, state parliaments can pass laws on a wider
range of subjects than the Commonwealth Parliament.
Criminal law
The Commonwealth Parliament does not have specific power with regard to criminal law.
However, the Commonwealth can enact criminal laws relying on other powers, for example
those that are expressly provided for under the Constitution. Commonwealth criminal
legislation is primarily restricted to criminal activity against Commonwealth interests,
officers or property or is directed at crimes with an international element such as the
bribery of foreign officials.
Most criminal activity is governed by the laws of the states. This is true for offences
of corruption, including fraud and bribery. For example, in addition to regimes at the
Commonwealth level, the states and territories have their own domestic fraud and bribery
offences, and supporting regimes such as proceeds of crime legislation.
The overlap between federal and state and territory criminal law does not cause difficulties
in practice, as the Commonwealth Parliament has vested state and territory courts with
extensive jurisdiction to hear matters arising under federal law.
Separation of judicial power
The Australian Constitution embodies a strict separation of federal judicial power from
legislative and executive power. Federal courts may only exercise judicial power and
power that is incidental to judicial power. The parliament and the executive government
cannot exercise judicial power. This supports the rule of law and the independence of
judges, helping to uphold public confidence in the administration of justice. The conduct of
Australian judges is characterised by very high standards of impartiality.
Three levels of government
Australia is a federation and power is shared between three levels of government. Each
level of government is run by a democratically elected council or parliament. Local
government is a legislative responsibility of the states and territories and is recognised in
the constitution of each state. State parliaments determine the roles and responsibilities of
local governments, and those responsibilities vary from state to state.
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Democratic institutions
Robust democratic institutions play an important part in promoting a fair and transparent
society and combating corruption. Among these institutions are the following:
Parliamentary committeesParliamentary committees have an important
role in scrutinising government activity and proposed laws. For example,
the Parliamentary Joint Committee on the Australian Commission for Law
Enforcement Integrity was established in 2007 to examine trends and changes in
law enforcement that relate to corruption. The committee is also empowered to
examine corruption in Australian Government agencies with a law enforcement
function, as well as the integrity of staff members of those agencies.
A free mediaAustralia has a free and independent media, which can report on
allegations of corrupt behaviour by public officials and the private sector.
Civil societyIntegrity agencies, academia, the public and private sectors as well
as non-government organisations play an important role in raising awareness of
current and emerging corruption risks through their contribution to public debate
and analysis. The Department of the Prime Minister and Cabinet has established
the Office for the Not-For-Profit Sector to coordinate reforms that strengthen the
sector and promote the National Compact: Working Together.
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Royal commissionsFrom time to time, Australian governments also establish
royal commissions to inquire into and report on matters of public concern,
including allegations of systemic corruption.
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4. MULTI-AGENCY MODEL
In accordance with Australias multi-agency approach to combating corruption, a number
of Australian Government agencies play a role in combating corruption through promoting
accountability, transparency and effective enforcement.
i. Attorney-Generals Department
The Australian Attorney-Generals Department is responsible for a number of domestic
criminal laws that are critical to combating corruption such as foreign bribery, organised
crime, money laundering and proceeds of crime provisions. The department leads Australias
engagement on UN, OECD, Asia-Pacific Economic Cooperation (APEC), Financial Action
Task Force (FATF) and G20 anti-corruption related initiatives. The department is responsible
for managing the review of Australias compliance with UNCAC. The department is also
Australias central authority for extradition and mutual assistance in criminal matters.
The International Criminal Cooperation Central Authority facilitates international legal
cooperation to and from foreign countries, including in corruption matters.
The Attorney-Generals Department leads a Commonwealth Inter-Departmental Committee
on anti-corruption, which meets on a quarterly basis to discuss the coordination and
management of anti-corruption initiatives. Key members of the committee include the
Australian Federal Police, the Australian Taxation Office, the Treasury, the Australian Crime
Commission, the Office of the Commonwealth Director of Public Prosecutions, Australian
Transaction Reports and Analysis Centre (AUSTRAC), the Australian Commission for Law
Enforcement Integrity, the Department of the Prime Minister and Cabinet, the Office of the
Commonwealth Ombudsman, AusAID, the Department of Foreign Affairs and Trade and the
Australian Public Service Commission.
AUSTRALI A S MULTI -AGENCY APPROACH
STANDARDS &
OVERSIGHT
DETECTION &
INVESTIGATION
PROSECUTION
Attorney-Generals
Department
Australian Public
Service Commission
Auditor-General
Australian Electoral
Commission
Office of the
Australian Information
Commissioner
Department of Finance
and Deregulation
Parliamentary
Standards
Australian Federal
Police
Australian Commission
for Law Enforcement
Integrity
Australian Crime
Commission
Inspector-General
of Intelligence and
Security
Office of the
Commonwealth
Ombudsman
Australian Transaction
Reports and Analysis
Centre
Office of the
Commonwealth
Director of Public
Prosecutions
International Crime
Cooperation Central
Authority
Attorney-Generals
Department Portfolio
Agencies
AusAID
INTERNATIONAL
COOPERATION
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ii. Australian Federal Police
The Australian Federal Police (AFP) investigates serious or complex crimes against
Commonwealth laws, its revenue, expenditure and property. This can include both internal
and external fraud committed in relation to Commonwealth programs. Commonwealth
agencies refer allegations of corruption to the AFP for investigation. Corruption referrals
relate to the following offences:
unauthorised disclosure of information contrary to Section 70 of the Crimes Act
1914
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bribery, including bribery of a foreign public official contrary to Sections 141.1 and
70.2 of the Criminal Code Act 1995 (the Criminal Code)
perjury contrary to Section 268.102 of the Criminal Code
unauthorised access, or modification, to restricted data contrary to Section 478.1 of
the Criminal Code
abuse of public office contrary to Section 142.2 of the Criminal Code.
The AFP International Deployment Group plays a key role in strengthening rule of law and
encouraging good governance practices in police organisations, specifically in our region
but extending to other parts of the world where the group is deployed.
iii. Office of the Commonwealth Director of Public Prosecutions
The Office of the Commonwealth Director of Public Prosecutions (CDPP) is an independent
prosecuting agency established under the Director of Public Prosecutions Act 1983. The
CDPP is within the portfolio of the Australian Attorney-General, but operates independently
of the Attorney-General and of the political process.
The main offences prosecuted by the CDPP include drug importation, offences against
corporate law, fraud on the Commonwealth in its various guises (such as tax fraud,
Medicare fraud and social security fraud), money laundering, people smuggling, people
trafficking (including sexual servitude and slavery matters), terrorism, and a range of
regulatory offences.
iv. Australian Commission for Law Enforcement Integrity
The Australian Commission for Law Enforcement Integrity (ACLEI) detects, disrupts
and deters possible corrupt conduct in prescribed Commonwealth law enforcement
agencies. The Office of the Integrity Commissioner and ACLEI were established by the
Law Enforcement Integrity Commissioner Act 2006. Those agencies subject to the Integrity
Commissioners jurisdiction are the Australian Crime Commission, the Australian
Federal Police and the former National Crime Authority. From January 2011, the
Australian Customs and Border Protection Service also became subject to the Integrity
Commissioners independent scrutiny in relation to their law enforcement functions.
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v. Australian Crime Commission
The Australian Crime Commission (ACC) was established under the
Australian Crime Commission Act 2002 as a statutory authority to combat serious and
organised crime. The ACC is Australias national criminal intelligence agency with unique
investigative capabilities. The ACC conducts special operations and investigations against
Australias highest threats from serious and organised criminals. This includes:
providing national strategic criminal intelligence assessments
maintaining national criminal intelligence holdings
developing national responses to organised crime
developing partnerships, providing coordination and collaboration across the
Commonwealth, states and territories and the private sector
providing an independent view on the risk of serious and organised crime across
Australia and the impact of offshore threats.
The ACC works with partners to disrupt, disable and dismantle serious and organised
criminal syndicates. The agency seeks to harden the Australian environment against the
threat of nationally significant crime by developing prevention strategies and influencing
policy and legislation at Commonwealth and state and territory levels.
vi. Australian Public Service Commission
The Australian Public Service Commission supports the administration of the
Public Service Act 1999. This Act provides for the management and leadership of APS
employees and defines the powers, functions and responsibilities of agency heads, the
Public Service Commissioner and the Merit Protection Commissioner.
The Act also sets out the APS Values and Code of Conduct. Among other things, the Code
of Conduct requires all agency heads and APS employees to act honestly and with integrity,
and not use their employment improperly for personal gain and to disclose and take
reasonable steps to avoid any conflict of interest, real or apparent.
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Agency heads are responsible for putting in place systems and processes for ensuring
their employees understand and carry out their responsibilities under the Code of Conduct
and other legislation. Agency heads are also responsible, under the Act, for processes for
investigating misconduct.
The Act provides protection for whistleblowers (ie an APS employee who has reported a
breach of the Code of Conduct to an authorised person). (See also Section 5)
The responsibilities of the Public Service Commissioner include:
promoting the APS Values and Code of Conduct
evaluating the extent to which agencies incorporate the APS Values and the
adequacy of systems in agencies for ensuring compliance with the Code of Conduct
inquiring into whistleblowing reports made by APS employees in certain circumstances,
and inquiring into alleged breaches of the Code of Conduct by agency heads
considering and reporting to the Minister for the Public Service and Integrity on any
matter relating to the APS.
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The Merit Protection Commissioners responsibilities include inquiring into whistleblowing
reports made by APS employees in certain circumstances and inquiring into any APS action
at the request of the Minister for the Public Service and Integrity.
In 2009, the Australian Government launched the Ethics Advisory Service, a dedicated
telephone and email service for APS employees seeking advice and information about the
ethical framework in which they work, including their obligations under the APS Values and
Code of Conduct.
vii. Office of the Commonwealth Ombudsman
The Office of the Commonwealth Ombudsman takes complaints and enquiries from
members of the public about government administrative action, and undertakes
investigations into those complaints and other systemic problems on an own motion basis.
The Commonwealth Ombudsman also conducts compliance audits of law enforcement and
regulatory agency use of covert information gathering powers and cooperates internationally
to improve ombudsman services in the Asia-Pacific region. The Commonwealth
Ombudsmans mission is to promote fair and accountable government administration.
viii. Auditor-General
The Auditor-General, assisted by the Australian National Audit Office, provides independent
assurance about the use of public sector resources to parliament, the government, chief
executive officers and the public. Through the delivery of an integrated range of
high-quality audit reports and other publications, the Auditor-General aims to support and
improve public sector performance and accountability.
ix. Australian Electoral Commission
The Australian Electoral Commissions (AEC) role is to ensure the safe, fair and impartial
conduct of parliamentary elections. The AEC is an independent electoral management
body responsible for maintaining an impartial and independent electoral system for all
eligible Australian voters in accordance with the requirements of the constitution and the
Commonwealth Electoral Act 1918.
x. Office of the Australian Information Commissioner
The Office of the Australian Information Commissioner (OAIC) is an independent statutory
agency established under the Australian Information Commissioner Act 2010. The OAIC was
established as part of major changes to federal freedom of information law made in 2010.
These reforms brought together, for the first time, functions relating to freedom of
information and privacy, as well as new functions relating to information policy. The Office
of the Privacy Commissioner, which was the national privacy regulator, was integrated into
the OAIC on 1 November 2010.
xi. Inspector-General of Intelligence and Security
The Inspector-General of Intelligence and Security (IGIS) reviews the activities of the
agencies that collectively comprise the Australian intelligence community. IGIS has its
own motion powers in addition to considering complaints from members of the public or
requests from ministers. The overarching purpose of IGIS is to ensure that each agency
in the Australian intelligence community acts legally and with propriety, complies with
ministerial guidelines and directives, and respects human rights.
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5. STRONG, MODERN LEGISLATIVE REGIME AND GUIDELINES
Australia has a strong legislative regime criminalising corrupt behaviour.
Australias corruption offences cover a broad range of crimes, including bribery,
embezzlement, nepotism and extortion. For this reason, Australias corruption offences are
not contained in any single Act of Parliament and are found in both Commonwealth and
state and territory legislation.
At the Commonwealth level, a number of pieces of legislation contain corruption-related
offences.
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For example:
The Criminal Code Act 1995 criminalises the laundering of proceeds of crime, domestic
and foreign bribery, embezzlement, trading in influence, abuse of public office and
other fraudulent conduct, money laundering, and extensions of criminal responsibility.
The Proceeds of Crime Act 2002 establishes a comprehensive regime to trace, restrain
and confiscate the proceeds of Commonwealth indictable offences and certain foreign
offences. This Act also contains unexplained wealth provisions, which allow courts to
order individuals to show that their wealth was lawfully acquired.
The Financial Management and Accountability Act 1997 (FMA Act) provides the framework
for the proper management of public money and public property by the executive arm
of the Commonwealth.
The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act)
establishes a regulatory regime that strengthens the capacity of business to identify,
mitigate and manage the risk of their businesses being used to launder money or
finance terrorism. The provisions include customer identification and verification,
and reporting and record keeping obligations on certain businesses. These measures
enable businesses to know their customers, their sources of wealth and monitor
financial transaction movements. They enable law enforcement and intelligence
agencies to follow money trails in potential cases of corruption. Compliance with
obligations under the AML/CTF Act is supervised by AUSTRAC.
The Commonwealth Authorities and Companies Act 1997 regulates certain aspects of
the corporate governance, financial management and reporting of Commonwealth
authorities that are in addition to the requirements of their enabling legislation, and the
corporate governance and reporting of Commonwealth companies that are in addition
to the requirements of the Corporations Act 2001.
Part V of the Australian Federal Police Act 1979 establishes the scope for a strong
professional standards framework within the AFP. This framework targets the
continuum of activity that leads to corruption and includes prevention, detection and
investigation activities. Allegations of serious misconduct and corruption within the AFP
are overseen by ACLEI. The Act makes provision for additional powers to investigate
serious misconduct allegations against AFP members by a specialised unit within the
AFP. This unit works closely with ACLEI. Part V of the Act was enacted in 2006, following
a review of professional standards within the AFP. It reflects a management-oriented
approach to less serious misconduct balanced against a swift and effective response to
serious allegations, including corruption.
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Other Commonwealth legislation is designed to effectively prevent or enable reporting on
corrupt conduct:
Australias administrative law system (including the Judiciary Act 1903, the
Administrative Appeals Tribunal Act 1975, the Administrative Decisions (Judicial Review)
Act 1977 and the Legislative Instruments Act 2003) protects against abuse of power
by providing for merits and judicial review of government decisions and promoting
transparency in government processes.
The Freedom of Information Act 1982 (FOI Act) creates a general right for members
of the public to obtain access to documents, and sets out a range of obligations and
restrictions on departments and the public for exercising these rights. The Australian
Government has reformed the FOI Act with the principal object of promoting a
pro-disclosure culture across the government and building a stronger foundation
for more openness in government.
Whistleblower protection in the Commonwealth public sector is provided by law,
including under section 16 of the Public Service Act 1999 and section 16 of the
Parliamentary Service Act 1999. These Acts provide that a person must not victimise or
discriminate against an Australian Public Service or Parliamentary Service employee
because that employee has reported breaches (or alleged breaches) of the APS Code of
Conduct or the Parliamentary Service Code of Conduct to an authorised person.
Some whistleblower protection in the private sector is provided by law, including
under Part 9.4AAA of the Corporations Act 2001, the Banking Act 1959, the Insurance
Act 1973, the Life Insurance Act 1995 and the Superannuation Industry (Supervision) Act
1993. These protections are designed to encourage people within companies, or with
special connections to companies, to alert the Australian Securities and Investment
Commission and other authorities to illegal behaviour.
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Recent initiatives
Whistleblower Protection Scheme
In March 2010, the Australian Government tabled its response to the House of
Representatives Standing Committee on Legal and Constitutional Affairs report entitled
Whistleblower protection: a comprehensive scheme for the Commonwealth public sector.
A Public Interest Disclosure Bill is being developed to give effect to the government
response and introduce the first stand-alone whistleblower protection scheme for the
Commonwealth public sector.
The legislation will facilitate reporting and provide for investigation of alleged wrongdoing
in the public sector.
Public Service Act Revision of the Australian Public Service Values and other
amendments
In 2010, the Advisory Group on Reform of Australian Government Administration
released its report, Ahead of the Game: Blueprint for the Reform of Australian Government
Administration. Among other things, the report recommended broad changes to the APS
Values to make them shorter, more memorable and more effective in driving change.
The Public Service Amendment Bill has been drafted to implement legislative changes
recommended in the report and to improve the operation of the Public Service Act. The Bill
is expected to be introduced early in 2012.
Commonwealth Fraud Control Guidelines
ix
In 2011, the Australian Government issued the revised Commonwealth Fraud Control
Guidelines under the Financial Management and Accountability Act 1997 (FMA Act). These
guidelines define the Australian Governments requirement that all agencies subject to
the Act put in place practices and procedures for effective fraud control. Agencies must
prepare fraud risk assessment and fraud control plans that comply with the guidelines.
Under the guidelines, agencies must also refer all instances of serious or complex fraud
involving Commonwealth interests to the AFP.
Officials must have regard to the guidelines when performing duties related to the efficient,
effective, economical and ethical management of Commonwealth resources. Breaches of
the guidelines may attract a range of criminal, civil or administrative remedies.
Commonwealth Procurement Guidelines
x
The Commonwealth Procurement Guidelines represent the policy framework under which
public service agencies govern and undertake their own procurement. The Guidelines focus
on value for money and transparency.
Commonwealth Grant Guidelines
xi
The Commonwealth Grant Guidelines establish the grants policy and reporting framework
for all departments and agencies subject to the FMA Act.
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Strengthening legal protections
In February 2010, the Commonwealth Parliament passed two bills to further strengthen
the criminal confiscation system: the Crimes Legislation Amendment Act (SOC Act No.1)
and the Crimes Legislation Amendment Act (SOC Act No.2). The amendments focus
on confiscating the proceeds of crime while strengthening national law enforcement
coordination and capability. The strategy is two pronged: to remove the profitability of
criminal activity, and increase the likelihood of criminals being caught.
In the next twelve months, parliament is scheduled to consider legislation to help the
Australian Crime Commission share intelligence with the private sector to support their
efforts to harden the environment against serious and organised crime threats.
The Commonwealth Parliamentary Joint Committee on Law Enforcement is also
conducting an inquiry into Commonwealth unexplained wealth laws and arrangements.
The committee is examining the operation of the unexplained wealth provisions of the
Proceeds of Crime Act 2002, which can be used to target serious and organised crime
bosses who arrange their affairs so that they can enjoy the proceeds of crime, without
committing the actual crimes themselves.
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6. WORKING IN PARTNERSHIP - COMMONWEALTH, STATE,
TERRITORY AND LOCAL GOVERNMENTS
Coordination on anti-corruption measures is currently pursued through a number of
forums, such as the Council of Australian Governments (COAG), COAG standing councils
and through inter-agency coordination.
Australian Anti-Corruption Commissions Forum
The Australian Anti-Corruption Commissions Forum comprises the heads of Australian
anti-corruption agencies. It provides the means for these agencies to interact;
exchange information, knowledge and ideas; work cooperatively; share training and
resources; and promote common areas of interest. Under this umbrella, the Australian
Commission for Law Enforcement Integrity and state counterparts participate in
operational forums, including legal, intelligence, research and communication
subgroups. Presently, the Integrity Commissioner chairs the forum.
Council of Australian Governments
COAG is the peak intergovernmental forum in Australia, comprising the Prime Minister, state
premiers, territory chief ministers and the President of the Australian Local Government
Association. COAGs role is to initiate, develop and monitor the implementation of policy
reforms that are of national significance and that require cooperative action by Australian
governments. For example, in April 2009, COAG leaders agreed to progress work in
developing a nationally coordinated response to organised crime through the Standing
Council on Law and Justice and the Standing Council on Police and Emergency Management.
Standing Council on Law and Justice
SCLJ is a national, ministerial-level council established by COAG. Its members are the
Australian Attorney-General, the state and territory Attorneys-General and the New Zealand
Minister of Justice. SCLJ provides a forum for members to discuss and progress matters
of mutual interest relating to law and justice, including legal policy and service provision.
The SCLJ focuses on initiatives of high-level, strategic and national significance that require
cooperation between jurisdictions. It also works closely with the Standing Council on Police
Management to implement the National Organised Crime Response Plan.
Standing Council on Police and Emergency Management
SCPEM is a ministerial-level council also established by COAG. Its members are the
Australian, state, territory and New Zealand ministers with responsibility for police
and emergency management matters and a representative from the Australian Local
Government Association. SCPEMs purpose is to promote a coordinated national response
to law enforcement and emergency management issues.
Public Service Commissioners Conference
The Public Service Commissioners Conference is held twice a year. The conference is a
cross-jurisdictional forum for Australian, state and territory public service commissioners
and New Zealands State Services Commissioner.
The conference provides opportunities for commissioners to discuss contemporary
challenges in public administration. It also serves as a forum for exchanging information
and sharing experiences.
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7. WORKING IN PARTNERSHIP CIVIL SOCIETY AND THE
PRIVATE SECTOR
Australia values the development of strong partnerships with civil society, international
organisations and the business community. Civil society plays an important role in terms
of raising awareness, obtaining access to information and supporting and enforcing
business ethics.
The Australian Government works closely with non-government organisations such
as Transparency International to empower civil society, government and private sector
stakeholders to advocate for anti-corruption reforms, and analyse the extent and causes of
corruption. Australia provides political and financial support for civil society to participate
in multilateral anti-corruption forums.
Domestically, there are several agencies that investigate or provide intelligence about
corruption in the private sector.
AUSTRAC: The Australian Transaction Reports and Analysis Centre provides
financial intelligence on potential crimes, including corruption.
ACCC: The Australian Competition and Consumer Commission educates the
business community and the publicfor example, how to make a complaintand
advises small businesses how to avoid corrupt conduct.
APRA: The Australian Prudential Regulation Authority oversees banks, credit
unions, building societies, insurance companies, and the superannuation industry.
ASIC: The Australian Securities and Investment Commission has powers to
investigate offences by corporations and corporate officers. This includes powers
to investigate bribery offences, the misleading of shareholders or other abuses for
personal gain.
EFIC: As Australias export credit agency, the Export Finance and Insurance
Corporation was established to help grow Australian businesses, trade and investment
activities internationally by providing finance, guarantee and insurance facilities. EFIC
works to eradicate corruption in international business transactions by:
a) informing exporters and, where appropriate, other relevant parties, of the legal
consequences of engaging in bribery;
b) requiring exporters and, where appropriate, other relevant parties, to provide a
no engagement in bribery declaration; and
c) informing law enforcement authorities if there is credible evidence that bribery
was involved in the award or execution of an export contract.
Conduct of the private sector
The regulatory framework governing Australias private sector is covered under the
Corporations Act 2001, the Australian Securities and Investments Act 2001, the ASX Corporate
Governance Councils Corporate Governance Principles and Recommendations as well as
individual corporate codes of conduct. Australia adheres to the OECD (Organisation for
Economic Co-operation and Development) Guidelines for Multinational Enterprises, which
are recommendations on responsible business conduct, including provisions on how the
private sector can help combat bribery.
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The Corporations Act 2001 regulates the conduct of directors and officers of companies and
includes offences such as failure to act in good faith, and fraud by company officers. In
addition, corporate criminal responsibility has been established for all offences contained
in the Criminal Code Act 1995, meaning that corporations may be found guilty of any offence
contained in the code, including those punishable by imprisonment.
The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 imposes obligations
on business when they provide certain services (financial, gambling and bullion) to identify
and verify their customers, lodge reports with AUSTRAC, monitor the relationship with
their customers and make and retain records of the services provided. Similarly, under the
Proceeds of Crime Act 2002, financial institutions can be made to provide certain information
and documents to specified law enforcement officers upon request.
Recent initiatives
Education
To support a business culture of transparency and accountability, the Australian Government
runs a national anti-corruption education and outreach program called Trading with
Integrity. The program informs Australian businesses of their responsibilities to conduct
activities in accordance with Australian law. It covers the various international anti-bribery
and anti-corruption frameworks supported by the Australian Government including the
APEC Code of Conduct for Business and OECD instruments including the Guidelines for
Multinational Enterprises, the Anti-Bribery Convention and the Risk Awareness Tool.
The Department of Foreign Affairs and Trade also publishes web-based resources on anti-
corruption for Australians and Australian businesses travelling, working or operating overseas.
For more information, visit www.dfat.gov.au and search for measures against corruption.
Lobbying Code of Conduct and Register of Lobbyists
Since 2008, the Department of the Prime Minister and Cabinet has administered the
Lobbying Code of Conduct and Register of Lobbyists, which was established to improve
transparency in the third party lobbying sector.
National policy on match-fixing in sport
On 10 June 2011, Australias sports ministers agreed to a national policy on deterring
match-fixing in sport, representing a commitment by the Australian, state and territory
governments to work together to address the threats match-fixing and associated corruption
pose to the integrity of Australian sport.
In line with the national policy, governments have since agreed to pursue a nationally consistent
legislative approach to deter and deal with match-fixing. This will introduce specific legislation
to address agreed match-fixing behaviours, with these criminal offences to carry a maximum
penalty of ten years imprisonment.
Further, all Australian governments have endorsed an operational model to protect the integrity
of the sports betting industry. The model supports the development of integrity arrangements
between sports and betting companies to share information, provide sports with a right to veto
bet types and provide a financial return to sports from sports betting.
To oversee these national arrangements, a new National Integrity of Sport Unit will be
established. Government funding will be contingent on sports implementing appropriate
anti-match-fixing and anti-corruption policies and practices, including match-fixing code of
conduct principles, education programs for players and officials, and disciplinary frameworks.
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8. EFFECTIVE INTERNATIONAL ENGAGEMENT
International corruption is far reaching and deeply damaging. The Australian Governments
2011 Aid Policy emphasises that corruption undermines efforts to lift people out of poverty,
diverts funds from services and undermines investor confidence, which is critical for
creating jobs. Australia has committed to working with its partners to support efforts to
tackle corruption, increase transparency and improve accountability. Australias approach
to combating corruption internationally focuses on four categories of sustained effort:
1. Design - supporting the development of international anti-corruption standards.
2. Implementation - working with partner countries and international bodies and
mechanisms to implement anti-corruption standards.
3. Cooperation - strengthening practical international cooperation against corruption.
4. Review - learning lessons from implementing international standards.
Design
As part of its commitment to a global, rules-based order, Australia participates closely in
the development of multilateral conventions to prevent and disrupt corruption, enhance
transparency, and promote the sustainable rule of law. Australia is a long-standing
contributor to the following international anti-corruption standard setting initiatives:
UN Convention against Corruption: UNCAC is the premier global framework in the
fight against corruption. Australia ratified UNCAC in 2005 and actively supports the
UNCAC Conference of States Parties and its subsidiary working groups. Australia
participated in the design of the UNCAC Implementation Review Mechanism,
particularly to ensure it is transparent, fit for purpose, and inclusive of civil society.
Australia is a leading financial supporter of the UNCAC Implementation Review
Mechanism with contributions totalling A$2.1m over 2011 and 2012.
Organisation for Economic Co-operation and Development: Australia ratified the
OECD Convention on Combating the Bribery of Foreign Public Officials in 1999.
The convention requires signatories to criminalise the conduct of foreign bribery,
implement sanctions for the offence, apply standards for law enforcement and
business accounting, and establish arrangements for international cooperation.
Australia is an active member of the OECD Working Group on Bribery.
Financial Action Task Force: Australia is closely engaged in developing international
anti-money laundering and counter terrorism financing (AML/CTF) standards.
Australia supports the current revision of the FATF Recommendations related to
corruption. Australias AML/CTF regime includes a range of measures that detect and
deter laundering of the proceeds of crime (including corruption) with some measures
specifically focussing on corruption risks posed by politically exposed persons.
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2005 Paris Declaration on Aid Effectiveness and the 2008 Accra Agenda for Action:
The Australian Government is a signatory to the international aid effectiveness
agenda as articulated in the 2005 Paris Declaration on Aid Effectiveness and the 2008
Accra Agenda for Action. Under these agreements, Australia is committed to assisting
partner countries to strengthen their financial and procurement systems. The World
Banks Stolen Asset Recovery Initiative (StAR) estimated that developing countries lose
between US$20 billion and US$40 billion each year to bribery, embezzlement, and
other corrupt practices. In view of these losses, the G20 Anti-Corruption Action Plan,
which Australia supports, includes measures to protect developing country budgets,
and the global financial system, from abuse by corrupt leaders and officials.
Implementation
The following Australian government agencies support effective international engagement:
AusAID: AusAID is the agency responsible for Australian Government efforts to
reduce the impact of corruption on global poverty. Australias aid program tackles
corruption regionally and internationally, working with partner governments to
support their efforts to reduce corruption, increase transparency and improve
accountability. AusAID also supports international and regional anti-corruption
activities, including helping civil society to reduce corruption; promoting revenue
transparency in the mining, gas and petroleum sectors; assisting countries to
recover assets stolen through corruption; and supporting the operation of the
UNCAC against Corruption. AusAID protects Australian aid flows from corruption
through its fraud control program.
Attorney-Generals Portfolio Agencies: The AFP, ACC, AUSTRAC, ACLEI, and the
Attorney-Generals Department all assist partner governments to strengthen their
institutional capacity to resist corruption and promote the rule of law. A unifying
strategy for portfolio agencies is strengthening legislative and operational capacity
to detect and disrupt the financing of corruption, and to trace and recover the
proceeds of corruption.
Australias International Crime Cooperation Central Authority (ICCCA) provides
significant assistance to its foreign counterparts in anti-corruption matters,
and has facilitated the return of some A$8m in proceeds of corruption to China
and Indonesia. These efforts are supported by close inter-agency cooperation in
criminal asset tracking and recovery.
Commonwealth Ombudsman: The Commonwealth Ombudsman cooperates
internationally to improve ombudsman services in the AsiaPacific region. One of
the key responsibilities of ombudsmen in this region is to prevent corruption. This
work builds linkages and provides mutual support for ombudsman functions, aimed
at improving government integrity and accountability, and is part of the broader
fight against corruption within our region.
Treasury: The Treasury provides capacity building support, through its deployments,
to help strengthen the institutional capacity of economic and finance ministries in
the Asia-Pacific region. Amongst other things, capacity building promotes improved
economic governance and public financial management so that these institutions
can better address corrupt practices.
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Cooperation
Australia actively supports key multilateral anti-corruption forums:
G20 Anti-Corruption Working Group: Australia contributed to the development
of the G20 Anti-Corruption Action Plan, and is an active member of the G20
Anti-Corruption Working Group. The comprehensive G20 plan includes stronger
measures to prevent corruption-related money laundering, stronger international
legal cooperation, and denial of visas and safe haven to corrupt leaders. In
cooperation with partner countries, Australia is leading a review of G20 priorities
to strengthen international cooperation against corruption, and is developing the
G20 Guide to Mutual Legal Assistance. Australia is also committed to implementing
the G20 Anti-Corruption Action Plan and will examine any necessary reforms in
developing the National Anti-Corruption Plan.
APEC Anti-Corruption and Transparency Experts Taskforce: Australia is an active
contributor to the APEC Anti-Corruption and Transparency Experts Taskforce.
Australia led the development of the APEC Code of Conduct for Business and worked
with Chile, Thailand and Vietnam to implement the code. The United States is
now building on this work by extending the code to specific industry sectors. To
disrupt the financing of corruption, Australia worked with Thailand and other APEC
members to promote the pioneering use of anti-money laundering systems against
corruption, including hosting several international conferences for this purpose.
Following the 2007 APEC Sydney Declaration, which called for further action
against deforestation and associated climate change, Australia hosted the Fish,
Forests and Filthy Lucre Conference in 2010. The conference identified practical
strategies to use anti-money laundering and asset confiscation systems against
deforestation and illegal fishing.
Egmont Group of Financial Intelligence Units: Australia is an active participant in the
127-member group of countries who work together to improve cooperation in the fight
against money laundering and financing of terrorism. The Egmont Group is developing
a white paper on the role of financial intelligence units in combating corruption.
International Anti-Corruption Academy: Australia is a founding member of the
Assembly of Parties of the International Anti-Corruption Academy. Australia supports
the academys objectives to improve the effectiveness of organisations and people
engaged in the prevention, investigation, prosecution and adjudication of corruption,
and to develop standards and best practices for anti-corruption education and research.
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International organisations: Australias aid program provides the following support
to international organisations and mechanisms:
o Assisting civil society to reduce corruption by supporting Transparency
Internationals work in the Asia Pacific region (A$7.1 million since 2006).
o Promoting revenue transparency in the mining, gas and petroleum sectors
by supporting the Extractive Industries Transparency Initiative (EITI). The
EITI sets a global standard for transparency in these sectors, enabling
revenues raised from natural resources to be spent on health, education
and other developmental priorities. Australia is currently the highest single
contributor to the EITI with contributions and future commitments totalling
A$12.7 million.
o Helping countries to recover assets stolen through corruption by
contributing to the Stolen Assets Recovery Initiative (A$3.1 million since
2009). This supports StAR to help developing countries build the necessary
tools and institutions to recover proceeds of corruption, provide support
and training on asset recovery processes, facilitate collaboration across
governments, regulators, banks and civil society and share information
about good practice.
o Supporting the operation of UNCAC by providing financial assistance to
the UN Office on Drugs and Crime and UN Development Program to help
countries sign up, implement and review compliance with UNCAC ($A1.9
million since 2009).
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Review
Australia strongly supports evaluation of how we implement international anti-corruption
standards and conventions.
Australias compliance with UNCAC is currently being reviewed. Australia is committed
to a transparent and inclusive approach to the review and will help civil society to
participate in the process. Although the review is still in progress, it has already identified
opportunities for Australia. The review provides a strong incentive to take advantage of
other international and domestic anti-corruption developments and opportunities, such
as fulfilling our commitments to the G20 and APEC, in addition to UNCAC. Similarly, civil
societys submissions to our review suggest possibilities to further strengthen our
anti-corruption arrangements. Australias response to the UNCAC review will be addressed
in the National Anti-Corruption Plan.
Australia is also scheduled to undergo its Phase 3 evaluation against the
OECD Anti-Bribery Convention in 2012. This evaluation is another opportunity to ensure
that our anti-bribery laws and policies are aligned with global best practice. Consistent
with Australias obligations under the OECD Anti-Bribery Convention, the Australian
Government issued a public consultation paper on the facilitation payments defence to
the foreign bribery offence, in November 2011. The government will consider the views of
all stakeholders provided during the consultation. The consultation paper raises possible
changes to Australias anti-bribery laws in the Criminal Code to remove the facilitation
payments defence and other amendments to improve the operation of the laws.
The Australian Government acted promptly on the results of previous reviews of its
anti-bribery regime. In February 2010, the penalties for foreign bribery were increased
following the OECD Working Group on Briberys Phase 2 review of Australias
implementation of the Anti-Bribery Convention, in 2006.
Australia sees significant opportunities to use UNCAC implementation reviews to guide
international technical assistance and capacity building programs. UNCAC implementation
reviews provide a consistent framework and methodology for evaluation. This will help
coordinate and target whole-of-government and wider international donor assistance.
The National Anti-Corruption Plan will specify Australias approach to using international
reviews as a basis for future development assistance against global corruption.
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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 Criminologys 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
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