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NSW Government Bulletin

12 December 2018

12 min read

#Government

Published by:

Lauren Stables

NSW Government Bulletin

Corruption and integrity in the NSW public sector: An assessment of current trends

On December 4 2018, the NSW independent Commission Against Corruption (ICAC) released the report – Corruption and integrity in the NSW public sector: an assessment of current trends and events (the Report). The Report reviews the nature and corruption and integrity in the NSW public sector. In doing so, the Report identifies and explores the “emerging trends, hotspots, case studies and notable practices that have been brought to ICAC’s attention.”

The Report acknowledges that by global standards, NSW does not have a significant level of public sector corruption. However, the Report suggests that there is no room for complacency and all public sector executive and employees should read and adopt the advice in the Report. 

The most notable trends identified in the Report are as follows:

Blurring of lines between public, private and not-for-profit sectors

The relationship between government agencies, businesses and not-for-profit organisations has shifted; so much so that the dividing line between public and private sectors has been diminished. ICAC recognises that contractors likely have different attitudes to the use of public money, the management of conflicts of interest and public sector accountability conventions. An example of blurred lines between the public and private sector is a contractor who is issued with a public sector credit card. 

Constrained markets 

Public sector agencies that are required to work in constrained markets often have a tendency to compromise standards. This can lead to corrupt conduct such as contracting with parties that have conflicts of interest, failing to segregate duties, failing to protect confidential information or overlooking contract breaches. 

Organisational change 

The Report states that opportunities for corrupt conduct arise either during or after a period of poorly executed organisational change. ICAC recognises that agencies can easily lose focus on corruption prevention controls during a period of large transformational change. This is caused by a “climate of discontent, confusion and uncertainty in which corruption can flourish.”

The gig economy

The gig economy refers to short-term or freelance work, in which numerous public officials are engaged in through secondary employment. ICAC note that persons who work in the gig economy have little or no loyalty to their government employer. This can lead to corrupt conduct through conflicts of interest and the misuse of information and resources.

Technology 

ICAC has recognised a noticeable increase in corrupt conduct relating to the procurement, delivery and monitoring of ICT products. This is partly due to the unique characteristics of ICT and the growing share of public sector expenditure devoted to ICT.

Cybercrime

ICAC also recognises the increase in cybercrime. The most common types of cybercrime include spearphishing, theft of confidential information and ransomware. 

The Report also explores whistleblowing, human resources, procurement and contract management, regulation and accreditation and non-government organisations. The Report is designed to assist agencies in targeting the greatest risk areas, as identified above.

The Report can be downloaded here

Author: Christine Jones & Lauren Stables

In the media

Joint communiqué from Australia’s anti-corruption Commissioners
In line with the theme for this years International Anti-Corruption Day was The Power of People's Pressure, Commissioners of independent, anti-corruption and law enforcement integrity agencies in Australia, collectively called on public sector leaders to do more to build strong cultures of integrity that resist corruption (07 December 2018).  More...

Encryption law falls short on rights safeguards
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APS Review heads towards 2030
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All major criminal offences are falling or stable across NSW
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National defamation reform moves ahead
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Free diary informs seniors of their legal rights
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Landmark child sexual abuse laws in force
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Digital transformation
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Senate urged to reject courts merger
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New Modern Slavery law needs teeth to stop abuses
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Amendments to Foreign Influence Transparency Scheme
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Passage of the Defence Amendment (Call out of The Australian Defence Force) Bill 2018
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In practice and courts

New sittings times for Full Court sittings in the High Court of Australia.
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High Court Rules - Amendments to Second Schedule
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Australian Human Rights Commission refreshed guidelines for the use of special measures under the Sex Discrimination Act 1984 (Cth).
Special measures are positive actions used to promote equality for disadvantaged groups, which are permitted under the Sex Discrimination Act. The Commission’s guidelines are intended to assist organisations and individuals to understand and use the special measures provisions in the Sex Discrimination Act. The guidelines can be accessed here. (06 December 2018)

AAT: Time limits for applying for review in the MRD
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AAT Bulletins 2018
Issue No. 47/2018, 3 December 2018
Issue No. 46/2018, 26 November 2018 

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LCA: Australian Human Rights Commission National Inquiry into Sexual Harassment in Australian Workplaces
The development of the Law Council's submission to the Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces is underway. Under the inquiry's terms of reference it will also consider the current legal framework and contributing factors behind workplace sexual harassment in the legal profession. Contributions to the submission closed on 3 December 2018.  More...  

New South Wales

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NSW Council of Attorneys General Defamation Working Party: Terms of Reference
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NSW Court Appointments
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05 December 2018 New Supreme Court and Court of Appeal judges

NSWBA Submission to Senate Inquiry into the proposed restructure of the family law system
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JUDCOM: Local Court Bench Book — Preliminaries
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ICAC: Operation Dasha public inquiry resumes 10 December 2018
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ICAC: Corruption Matters e-newsletter available now
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ICAC’s first report on state of corruption in NSW warns of evolving risks
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Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

Published by:

Lauren Stables

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