The Commissioner will only investigate serious allegations of corrupt conduct and anti-democratic conduct. The Commissioner does have a discretion to investigate serious misconduct or unsatisfactory conduct but only if it arises as a part of an existing investigation into corrupt conduct or if it is so serious and warrants the use of his powers and resources.
Even if the Commissioner does not investigate a matter himself, he can refer the matter to another body to address and can oversee the way in which the matter is dealt with by that other body.
The Commissioner will not investigate reports that are false or outside his jurisdiction. The Commissioner may decide not to investigate a report if it has already been investigated, or is being investigated, by another organisation, or where he considers an investigation is not in the public interest.
If the Commissioner decides to investigate, he has a number of statutory powers to conduct the investigation. Authorised officers appointed by the Commissioner also have powers to assist the Commissioner with investigation.
Who and what we investigate
The Commissioner has the power to investigate reports of improper conduct by public bodies and public officers.
A public body is a government entity or an entity that directly or indirectly receives public resources from the NT Government and performs a public function for the Territory.
A public officer is a public servant or a person engaged to perform an official function on behalf of the NT Government.
What the ICAC Investigates
The ICAC investigates improper conduct that includes:
- corrupt conduct
- misconduct
- unsatisfactory conduct
- anti-democratic conduct.
The ICAC Act empowers the Commissioner to investigate cases of corrupt conduct and anti-democratic conduct, and to refer cases of misconduct and unsatisfactory conduct to referral entities to investigate.
Outcomes of investigations
As a result of investigation outcomes, the Commissioner can:
- provide evidence to police or the Director of Public Prosecutions (DPP)
- refer the matter to a public body
- make an investigation report
- make recommendation to the relevant public body, minister or Chief Minister
- prepare other reports or public statements as allowed under legislation.
