Thank you for making a report to the Independent Commissioner Against Corruption (ICAC). All reports are taken seriously and assist the ICAC to identify and deal with improper conduct.
This document has important information about your report and how your report will be dealt with.
If your report was made in accordance with reporting directions and guidelines issued by the ICAC then the information you provided in your report is a protected communication. Otherwise, information provided to the ICAC may be a protected communication if it satisfies the requirements of sections 93(1)(b) and 93(2) of the Independent Commissioner Against Corruption Act 2017 (the ICAC Act).
Under section 94(1) of the ICAC Act, you may apply to the ICAC for a declaration that an action taken by you that involves an allegation of improper conduct is a protected communication. To do this you must carefully consider section 94(3) of the ICAC Act and apply in writing to the ICAC.
You are encouraged to be careful about how you share your report and your information with others. Keeping your report confidential reduces the risk of retaliation.
Your report and the information you provide will be considered by staff of the ICAC. It may also be given to another agency, with appropriate redactions, if your matter is referred to them to deal with.
You can ask us for information about what we did with the information you provided, but you are not entitled to know the result of investigations or disciplinary action.
Retaliation is described in section 95 of the ICAC Act. It includes when a person causes, or threatens to cause, harm to the victim. This may include intimidation, harassment or adverse treatment towards a person who has made a report, is suspected to have made a report or is helping someone who made a report.
If you experience retaliation, you should tell your agency’s nominated recipient or your Chief Executive Officer and the ICAC. It is an offence for a person to engage in retaliation. You are responsible for reporting retaliation and getting assistance.
If you have concerns for your own safety, or the safety of someone else, you should contact the police immediately.
It is important that the information you give to the ICAC is not knowingly false or deliberately misleading. There are penalties for providing false or misleading information and not taking action to retract or clarify this information; being a maximum penalty of 400 penalty units or 2 years imprisonment.
If you need help to deal with the impact of your report you should contact a support service.
Northern Territory Government employees may access support services through the Employee Assistance Program.
Other support services can be found on NT.GOV.AU Support for Communities and Support services for mental health.
It is important that you are familiar with section 146 of the ICAC Act. This section deals with how you should treat information you are given by the ICAC and who you can tell about what the ICAC tells you. A copy of sections 93 and 146 of the Act are provided below.
93 Meaning of protected communication
(1) A protected communication is:
(a) information in a report made by an individual to the ICAC in accordance with directions or guidelines under section 22; or
(b) information mentioned in subsection (2) that is provided by an individual to any of the following:
(i) the ICAC;
(ii) the Ombudsman;
(iii) the Auditor-General or the Auditor-General's Office;
(iv) the Health Complaints Commissioner or a staff member of the Commissioner;
(v) the Children's Commissioner;
(vi) the Environment Protection Authority;
(vii) if the information relates to a person or an entity referred to in section 37(1) or 45(1) of the IEC Act – the Inspector or a member of Inspector staff;
(viii) if the information relates to a police officer – the Commissioner of Police;
(ix) if the information relates to an MLA other than the Speaker, including a minister – the Speaker;
(x) if the information relates to the Speaker – the Deputy Speaker;
(xi) if the information relates to the Chief Justice – the next senior Supreme Court Judge;
(xii) if the information relates to a Supreme Court Judge, other than the Chief Justice, or to the Chief Judge – the Chief Justice;
(xiii) if the information relates to a Local Court Judge other than the Chief Judge – the Chief Judge;
(xiv) if the information relates to a contravention of the Electoral Act 2004 – the Electoral Commissioner;
(xv) if the information relates to an employee or officer of a public body – the entity with responsibility for the management and control of the public body or a nominated recipient in their capacity as a nominated recipient for the public body;
(xvi) if the information relates to a contravention of the Public Sector Employment and Management Act 1993 – the Commissioner as defined in section 3(1) of that Act; or
(c) an action declared under section 94 to be a protected communication.
(2) For subsection (1)(b), the information is information the individual believes on reasonable grounds:
(a) would tend to show that improper conduct has occurred, is occurring or is at risk of occurring; or
(b) would assist the ICAC to perform the ICAC's functions; or
(c) would otherwise assist in the administration, or achieving the objects, of this Act.
(3) It is irrespective:
(a) whether a protected communication is made orally or in writing; and
(b) whether or not a protected communication is made anonymously; and
(c) whether a protected communication is being investigated by the ICAC or is referred to another entity for investigation.
(4) For a protected communication mentioned in subsection (1)(a), subsection (3) is subject to any contrary provision in the directions or guidelines under section 22.
(4A) Despite anything to the contrary in this section, information is not a protected communication unless:
(a) the person providing the information indicates that:
(i) the information is being provided as a protected communication; or
(ii) in the case of a person mentioned in subsection (1)(b) – the information is being provided to the person in the person's capacity as a nominated recipient; or
(b) the recipient otherwise determines that the information is a protected communication.
(5) In this section:
staff member, in relation to the Health Complaints Commissioner, see section 4(1) of the Health and Community Services Complaints Act 1998.
(1) A person commits an offence if:
(a) the person obtains information from the ICAC, other than in the course of performing functions connected with the administration of this Act; and
(b) the information is confidential information and the person has knowledge of that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the person is reckless in relation to the result.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) Strict liability applies to subsection (1)(a).
(3) It is a defence to a prosecution for an offence against subsection (1) if:
(a) the person discloses the information:
(i) for the administration of this Act, including to a person specified in section 93(1)(b) for their administration of Part 6; or
(ii) for a legal proceeding if, after considering section 156, the court considers the disclosure is in the interests of justice; or
(iii) for obtaining professional legal advice from a legal practitioner; or
(iv) for obtaining professional assistance from a health practitioner or an accredited counsellor; or
(v) for obtaining spiritual assistance from a religious or spiritual advisor who is subject to ethical confidentiality obligations; or
(b) the person has knowledge of the information independently from obtaining it in the course of performing functions connected with the administration of this Act; or
(c) the information is information relating to the person and the person discloses it to a close family member; or
(d) the person is an independent entity, or an officer or employee of an independent entity, and:
(i) the information is not identifying information; or
(ii) the information is identifying information but the person has given consideration to the principles mentioned in section 91 and disclosure is reasonably necessary to perform the functions of the independent entity; or
(e) the disclosure is authorised in writing by the ICAC or the Inspector; or
(f) the person discloses the information believing on reasonable grounds that:
(i) circumstances of sudden or extraordinary emergency exist; and
(ii) disclosing the information is the only reasonable way to deal with the emergency; or
(g) the disclosure is reasonably required to protect a protected person.
Note for subsection (3)
In addition to the circumstances mentioned in subsection (3), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).
(4) In this section:
close family member of a person means any of the following:
(a) a spouse or de facto partner of the person;
(b) a parent or grandparent (by blood or marriage) of the person;
(c) a brother or sister (by blood or marriage) of the person;
(d) a guardian for, or carer of, the person.
confidential information means information about improper conduct or an allegation of improper conduct, other than information that is otherwise available to the public.