The National Anti-Corruption Commission (NACC): what it does and who it covers
The NACC is the Commonwealth integrity body. It investigates serious or systemic corrupt conduct involving Commonwealth public officials. Here's the scope, the powers, and the public-hearings test.
What the NACC is
The National Anti-Corruption Commission was established by the National Anti-Corruption Commission Act 2022. It commenced operations on 1 July 2023.
The NACC is the Commonwealth’s integrity body. Its primary function is to investigate suspected serious or systemic corrupt conduct.
The focus of the NACC’s work is on conduct involving Commonwealth public officials. It deals with matters that are considered serious or systemic in nature.
Who it covers
The National Anti-Corruption Commission (NACC) has jurisdiction over Commonwealth public officials. This includes ministers, parliamentarians, ministerial staff, statutory office holders, public servants and Defence personnel. The NACC’s remit extends to their conduct relating to their functions and powers.
Contractors and consultants engaged by the Commonwealth also fall within the NACC’s scope, but only to the extent of their work undertaken for the Commonwealth. This means the NACC investigates their conduct related to that specific Commonwealth work.
Importantly, the NACC’s jurisdiction does not extend to state and territory public officials. Each state and territory in Australia maintains its own integrity body to oversee those officials.
Powers
The National Anti-Corruption Commission (NACC) has significant powers to investigate and address corruption. These powers include the ability to compel the production of documents and require individuals to attend hearings. The NACC can also conduct searches under warrant and intercept communications, subject to separate authorisation.
The NACC’s investigative findings can be substantial. It is able to make findings of corrupt conduct and, where appropriate, refer matters to prosecution agencies for further action.
Agency heads are legally obligated to refer suspected serious or systemic corruption matters to the NACC for consideration.
Public hearings and reports
The National Anti-Corruption Commission (NACC) primarily conducts its hearings in private. Public hearings may occur, but only in exceptional circumstances and where the Commission determines it is in the public interest.
Final investigation reports produced by the NACC may be tabled in Parliament. However, the tabling of these reports is subject to rules designed to protect the integrity of investigations, the privacy of individuals involved, and the operational security of the NACC.
- These rules ensure ongoing investigations are not compromised.
- They safeguard the identities of witnesses and others.
- They protect the NACC's methods of operation.
Frequently asked
Does the NACC investigate state government corruption?
No. The NACC's jurisdiction is the Commonwealth. State and territory corruption is handled by each jurisdiction's own integrity body.
Can the NACC hold public hearings?
Only in exceptional circumstances and where it is in the public interest. Most hearings are private — this was a deliberate design choice in the National Anti-Corruption Commission Act 2022 to balance transparency against fairness to those under investigation.