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.
For a full definition of improper conduct, go to Division 2 of the ICAC Act.
Improper conduct
Improper conduct includes corrupt conduct, misconduct, unsatisfactory conduct and anti-democratic conduct.
Corrupt conduct
Corrupt conduct is conduct engaged in by a public officer 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.
Corrupt conduct is also the behaviour or actions of a public officer that might result in the public officer being dismissed or terminated from their role, is connected to public affairs, and involves:
- dishonesty
- failing to adequately manage an actual or perceived conflict of interest
- a serious breach of public trust by a public body, minister, Member of the Legislative Assembly (MLA) or councillor
- the illegal, unauthorised or inappropriate performance of official functions
- an adverse effect on the honest, impartial or effective performance of official functions by a public officer or public body
- using official information inappropriately.
Corrupt conduct includes the behaviour or actions of anyone that could harm public confidence in public administration and that involves:
- collusive tendering
- intentionally or recklessly providing false or misleading information for an application for a licence, permit or other authority under legislation
- misappropriating or misusing public resources
- assisting in, or dishonestly benefitting from, the misappropriation or misuse of public resources
- dishonestly obtaining or retaining employment or appointment as a public officer.
Corrupt conduct is also conduct that constitutes an offence against the administration of law and justice or an offence prescribed by regulation, the doing of which would adversely affect directly or indirectly the honest, impartial or effective performance of official functions.
Misconduct
Misconduct involves the behaviour or actions of a public officer or public body that that are connected to public affairs and constitute an offence, whether in the Territory 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.
Misconduct also includes certain behaviours or actions that would lead to disciplinary action, other than dismissal or termination.
Misconduct also includes a breach or public trust by a judicial officer, the Director of Public Prosecutions, a public body, minister, MLA or local councillor.
Unsatisfactory conduct
Unsatisfactory conduct occurs when a public officer’s or public body’s behaviour or actions are connected to public affairs and involve:
- illegality or impropriety
- negligence
- incompetence.
To be unsatisfactory conduct, it must result in:
- substantial mismanagement of public resources
- inappropriate or significantly ineffective use of public resources
- substantial mismanagement in performing an official function
- substantial detriment to the public interest.
Anti-democratic conduct
Anti-democratic conduct is behaviour or actions by any person or organisation that constitute an offence under the Electoral Act 2004 or Chapter 8 Local Government Act 2019, or Chapter 8 Local Government Act 2008 (before its repeal) that affect, or are intended to affect:
- the behaviour of the community, or people in the community, about how they vote in elections
- the reputation, power or influence, or resources of a political party or candidate
- the ability of the public to understand the resources and associated entities of a political party or candidate
- the Electoral Commissioner’s ability to detect and investigate breaches of the Electoral Act 2004 or Chapter 8 of theLocal Government Act 2019 or to ensure compliance with those Acts.
For information about public officers, public bodies and public resources, go to Who and what we investigate.