Reporting rights and obligations
Members of the public
Members of the public who are not public officers or public authorities have no legal obligation to report matters to the Office for Public Integrity (OPI). However, both the OPI and the ICAC were established to provide the community with safeguards and confidence, in the institutions which govern our public resources and services.
If a member of the public knows of conduct in public administration, which potentially raises an issue of corruption, or serious or systemic misconduct or maladministration, he or she has a right to make a complaint to the OPI and is encouraged to do so.
Members of the public also have a right to make a complaint anonymously.
Public officers, public authorities and inquiry agencies
A public officer, public authority and inquiry agency must report potential issues of corruption, misconduct and maladministration to the OPI. The Independent Commissioner Against Corruption Act 2012 (the ICAC Act) required the Commissioner to specify the parameters of this obligation.
The obligation to report applies to all matters that occurred on or after 1 September 2013. Public officers and public authorities are able to make reports on matters which occurred prior to 1 September 2013, but are not obliged to do so.
Public officers and public authorities have an obligation to provide their name and contact details when making a report. Under the Directions and Guidelines they also have an obligation to make their report online. However, in appreciation that this could hinder a person’s ability to make a report, there is some flexibility here.
Reporting obligations for public officers, public authorities and inquiry agencies are outlined in the Directions and Guidelines.