3. Interaction with the National Anti-Corruption Commission

  1. The National Anti-Corruption Commission Act 2022 (NACC Act) establishes the National Anti-Corruption Commission (the NACC).  Further information is available on the NACC's website.
  2. At all stages of dealing with and handling a disclosure, staff members of PM&C who are exercising powers or functions under Division 1 or 2 of Part 3 of the PID Act (including the Principal Officer, Authorised Officers and their delegates) must be aware of and consider their mandatory obligation under s35 of the NACC Act.
  3. S35 of the NACC Act provides that PID officers must refer a corruption issue to the NACC as soon as reasonably practicable upon becoming aware of a corruption issue that:
    1. concerns the conduct of a person who is or was a staff member of PM&C while that person is, or was, a staff member; and
    2. the PID officer suspects could involve corrupt conduct that is serious or systemic.
  4. A PID officer is not required to refer a corruption issue if they believe on reasonable grounds that the NACC is already aware of the issue.
  5. If a PID officer becomes aware of such a corruption issue as a result of an internal disclosure they must, as soon as reasonably practicable, notify the discloser of the referral of the issue to the NACC under s35 of the NACC Act.
  6. Where a referral is made to the NACC, PM&C should continue to deal with/handle a disclosure (s39 of the NACC Act), unless a stop action direction has been issued under s43(1) of the NACC Act.
  7. The NACC Act contains particular obligations with respect to stop action directions.