The ICAC Act defines corrupt conduct as conduct engaged in by a public officer (whether or not the identity of the public officer is known) or by a public body:
- that constitutes an offence, whether in the Territory or elsewhere, for which the maximum penalty is imprisonment for a term of at least two (2) years, with or without a fine; and
- is connected to public affairs; and
- that constitutes reasonable grounds for dismissing or terminating the services of a public officer; and
- that is connected to public affairs, and involves any of the following: dishonesty; failure to manage adequately an actual or perceived conflict of interest; a breach of public trust; the illegal, unauthorised or otherwise inappropriate performance of official functions; inappropriate conduct in relation to official information; an adverse effect on the honest, impartial or effective performance of official functions by any public officer or public body or group of public officers or bodies.
Conduct is also corrupt conduct if it is conduct engaged in by a public body, minister, MLA or local councillor that is connected to public affairs and involves a serious breach of trust.
Conduct is also corrupt conduct if it is engaged in by a person (whether or not a public officer or public body) that could impair public confidence in public administration that involves any of the following:
- collusive tendering;
- intentionally or reckless providing false or misleading information in relation to an application for a licence, permit or other authority under legislation designed to;
- promote or protect health and safety, public health, the amenity of an area; or
- facilitate the management and commercial exploitation of resources;
- misappropriating or misusing public resources, or assisting in or dishonestly benefitting from the misappropriate or misuse of public resources;
- dishonestly obtaining or retaining employment or appointment as a public officer.
Conduct is also corrupt conduct if it is engaged in by a person (whether or not a public officer or public body) that constitutes:
- an offence against Part IV, Divisions 1 to 5 of the Criminal Code (offences against the administration of law and justice and against public authority); or
- an offence against sections 118 or 119 of the Criminal Code (false statements under or oath of solemn declaration; false declarations and statements); or
- an offence adversely affecting, directly or indirectly, the honest, impartial or effective performance of official functions by any public officer or public body or group of public officers or public bodies, and that is prescribed by regulation.
Examples include, but are not limited to:
- intervening in a procurement process to ensure someone you know gets the contract; or
- as a selection panel member for public officer position, not disclosing that you are in a relationship with one of the applicants; or
- using discretionary powers that form part of your official duties to personally benefit yourself or others; or
- submitting false invoices for payment to your personally or to someone known to you.