What is a nominated recipient?
A nominated recipient can receive voluntary protected communications from public officers who wish to report suspected improper conduct.
The person responsible for the management and control of a public body may appoint an eligible person to be the nominated recipient for that body.
The person must be a public officer with suitable skills and training for the responsibility of accepting protected communications. The nominated recipient must also be able to identify whether a communication meets the definition of a protected communication and must provide the required information under clause 98 of the ICAC Act.
Additional skills and qualifications are not mandatory but, as the nominated recipient may be the point of contact for protected persons, they should understand the public body’s existing mechanisms for reporting and dealing with improper conduct. They should also be able to assist protected persons to understand their options and, where appropriate, ensure the public body deals with the improper conduct and minimises risks of retaliation.
Public bodies should ensure staff know the identity of their nominated recipient and how to make protected communications.
Receiving protected communications
If you are a nominated recipient, you may receive a protected communication in accordance with section 93 of the ICAC Act. This is information that an individual believes, on reasonable grounds, would meet any of the following requirements by:
- tending to show that improper conduct has occurred, is occurring or is at risk of occurring
- assisting the ICAC to perform the ICAC's functions
- otherwise assisting in the administration, or achieving the objects, of the ICAC Act.
As nominated recipient, you must give the person who made the communication a written notice as soon as practicable, setting out all of the following:
- a statement that the communication has been received
- the date the communication was received
- an indication of the content of the communication
- a statement that the communication is a protected communication
- information about the ICAC's role
- contact details for the ICAC Office.
This requirement does not apply if, despite making reasonable efforts in the circumstances, you are unable to contact the person who made the protected communication. For example, it may not be possible to contact a person who made a protected communication anonymously.
You should consider your mandatory reporting obligations as outlined below. You are not required to verify or investigate the reported information before providing it to the ICAC. However, it may be appropriate for you to take action within your agency as a result of the reported conduct after it has been reported.
If you commence, or plan to commence, action as a result of a protected communication you should include this with the information you provide to the ICAC.
Information is not protected if it contains false statements.
Mandatory reporting
In accordance with the ICAC’s Mandatory Reporting Directions and Guidelines for Public Officers, nominated recipients are prescribed public officers.
In addition to the direction that all public officers must report suspected corrupt or anti-democratic conduct as soon as practicable after a suspicion is formed, prescribed public officers must also report suspected misconduct or unsatisfactory conducted within 4 weeks of the conduct coming to their attention.
The action planned or taken in respect of the suspected misconduct or unsatisfactory conduct should be included in the report.
Making a report
The easiest to make a report to the ICAC is through the Make a Report online form. To indicate you are a nominated recipient making a report or providing information from a protected communication answer Yes to the question ‘Are you a Nominated Recipient?’
Include all relevant information with the online report and attach any supporting material you have.
Referrals or requests for information
As a nominated recipient you may be contacted by OICAC staff seeking information about a report made, action taken or a referral to be made to your agency.
You may also contact OICAC staff to seek information about the action taken in respect of a report you have made, provide additional information or clarify a notice or direction that you are responsible for actioning.