Anti-democratic conduct
Behaviour or actions by any person or organisation that are an offence under the Electoral Act 2004 or Chapter 8 of the Local Government Act 2019 or Chapter 8 of the Local Government Act 2008 (before its repeal).
Authorised officer
- the Commissioner or
- a person appointed as an authorised officer under section 131.
Breach of public trust
Conduct by a public body or public officer that is intentionally or recklessly inconsistent with the functions of the body or officer, including the duty of the body or officer to act in the public interest.
Conduct
Under the Act, conduct refers to:
- conduct occurring before the commencement of this Act
- conduct occurring outside the Territory
- conduct engaged in:
- by a person who was a public officer at the time it was engaged in but who has since ceased to be a public officer; or
- by an entity that was a public body at the time it was engaged in but that has since ceased to be a public body or has ceased to exist.
A public body engages in conduct in any of the following circumstances:
- the conduct is engaged in by a person or body with the authority to act on behalf of the public body
- the conduct occurs and a person or body with the authority to act on behalf of the public body expressly, tacitly or impliedly authorises or permits it to occur
- the conduct occurs and a corporate culture exists in the public body that directs, encourages, tolerates or leads to it occurring
- the conduct occurs and the public body has failed to create and maintain a corporate culture to deter or prevent it occurring.
Conflict of interest
Occurs where:
- there is a failure to adequately manage an actual or perceived conflict of interest and includes obtaining a benefit or causing detriment (loss or harm) to another person or body, whether financial or otherwise, or
- the conduct places the person or body in a stronger or weaker position in relation to a reasonably foreseeable future benefit or detriment (loss or harm).
A conflict occurs when there is a clash between someone’s personal interests and their professional duties.
- A public officer must act with integrity. Fundamental to integrity in public administration is the expectation that a public officer bring and seen to bring a fair, independent and unbiased mind to their professional duties.
- Personal interests might include financial (pecuniary), family connections or social interests.
- An actual conflict of interest arises where there is a current and direct conflict between your personal interest and your official duties. The conflict has materialised and is present.
- A perceived conflict of interest is considered from the point of view of a third person. How would a reasonable fair-minded outsider perceive a given situation? Would an outsider think that the decision-maker could be influenced in some way by their personal interest in coming to a decision?
- A potential conflict of interests includes a circumstance where a conflict may arise in the future. It is a pre-emptive disclosure of a personal interest to identify conflicts when they do arise.
- Difficulty can arise when there is a failure to identify, disclose and properly manage a conflict of interest.
- A conflict of interest can call into question the appropriateness of decisions made or processes undertaken, and result in adverse consequences, not only for the individual, but also the organisation.
- To ensure personal interests do not or are not seen to influence the performance of professional duties, it is essential that public officers create or follow policies within their organisations that assist in early identification, disclosure and management of conflicts of interest.
Connected to public affairs
In relation to conduct, 'connected to public affairs' means any of the following:
- conduct in the course of, or closely related to, the performance of official functions, including conduct engaged in otherwise than in the performance of official functions that adversely affects or could adversely affect, directly or indirectly, the honest, impartial or effective performance of those functions, or
- conduct that affects the use, allocation or receipt of public resources to which a public officer has access in connection with being a public officer, or
- conduct involving the use of authority or perceived authority that a person has as a result of being a public officer or representing themselves as a public officer.
Corrupt conduct
Corrupt conduct engaged in by a public officer that includes:
- conduct that is an offence in the NT or elsewhere, for which the maximum penalty is imprisonment for a term of at least 2 years, with or without a fine, and where the conduct is connected to public affairs
- behaviour or actions connected to public affairs and that might result in the public officer being dismissed or terminated from their role
- conduct of a public body, a minister, an MLA or a local councillor that is connected to public affairs and involves a serious breach of public trust
- behaviour or actions of anyone (whether or not a public officer or public body) that could impair public confidence in public administration.
Examination
A person may be required to attend at a specified time and place to be questioned about a matter being investigated by the Commissioner.
Harm
In relation to employment, career, profession, trade or business, harm generally includes injury, loss or damage, intimidation or harassment, discrimination, disadvantage or adverse treatment (including disciplinary action).
Improper conduct
Includes corrupt conduct, misconduct, unsatisfactory conduct and anti-democratic conduct.
Inspector
An eligible person appointed by the Administrator.
Investigation
An investigation commenced if the ICAC is aware of information that would tend to show that improper conduct has occurred, is occurring or is at risk of occurring.
Irrelevant criminal record
Go to section 4(1) of the Anti‑Discrimination Act 1992.
Judicial officer
Any of the following:
- a Supreme Court Judge
- a Local Court Judge
- an Associate Judge
- a judicial officer acting as a coroner
- a judicial officer performing duties as the President or Deputy President of the Civil and Administrative Tribunal.
Law enforcement agency
An entity, in the NT or elsewhere in Australia, with functions in relation to the investigation of offences or the prosecution of persons for offences.
Local councillor
A member of a local government council.
Misconduct
Includes the behaviour or actions of a public officer or public body connected to public affairs and constituting an offence, whether in the NT or elsewhere, for which the maximum penalty is a fine or imprisonment for a term of less than 2 years, with or without a fine.
MLA
A Member of the Legislative Assembly.
Nominated recipient
See Advice for nominated recipients .
Premises
Includes:
- land
- a permanent or temporary building or structure on land
- an aircraft, vehicle or vessel.
Protected action, protected communication and protected person
Protected action
Action taken to make a protected communication, to comply with the ICAC Act or to cooperate with a person or body performing functions under this Act.
Protected communication
Information in a report made by an individual to the ICAC in accordance with directions or guidelines under section 22 of the ICAC Act.
The ICAC Act states that a person takes protected action when they make a mandatory report to the Commissioner, or in certain circumstances when they make a report to an entity listed in section 93 of the ICAC Act. A person who takes protected action has certain protections, including protection from retaliation, under the ICAC Act.
Protected person
A person who takes or has taken protected action.
Public affairs
In relation to conduct, 'connected to public affairs' means any of the following:
- conduct in the course of, or closely related to, the performance of official functions, including conduct engaged in otherwise than in the performance of official functions that adversely affects or could adversely affect, directly or indirectly, the honest, impartial or effective performance of those functions, or
- conduct that affects the use, allocation or receipt of public resources to which a public officer has access in connection with being a public officer, or
- conduct involving the use of authority or perceived authority that a person has as a result of being a public officer or representing themselves as a public officer.
Public body, public officer and public resources
See Who and what we investigate.
Public inquiry
Inquiry that is open to the public unless the ICAC decides otherwise.
See Public inquiries.
Public statements
Statements made regarding particular matters that the Commissioner is dealing with, or has dealt with, including matters referred to a referral entity. Public statements may be made to the public at large, a section of the public, or a particular person or body.
Referral
Referral to a referral entity of a matter that may involve improper conduct and that has come to the ICAC's attention.
Referral entity
Includes:
- the Speaker or the Deputy Speaker
- the Commissioner of Police
- a law enforcement agency
- the Ombudsman
- the Anti-Discrimination Commissioner
- the Director of Public Prosecutions
- the Electoral Commissioner
- the Judicial Commission.
Responsible minister
The minister having responsibility for the area or activity of government that is applicable to the public body or public officer.
Retaliation
An action that causes or threatens harm to the victim.
Unsatisfactory conduct
Conduct engaged in by a public officer (whether or not the identity of the public officer is known) or by a public body, that:
- involves illegality or impropriety, negligence or incompetence
- is connected to public affairs and results in any of the following:
- substantial mismanagement of public resources
- the inappropriate or significantly inefficient use of public resources
- substantial mismanagement in relation to the performance of official functions
- substantial detriment to the public interest.
For more definitions, see the Independent Commissioner Against Corruption Act 2017