If you have seen a minister, public servant or government contractor misuse their position, rig a contract, or manipulate a grant, you may be looking at serious corruption.
The National Anti-Corruption Commission (NACC) is the independent federal body that investigates exactly this kind of conduct, and understanding how it works is the first step to reporting safely.
This guide covers what the NACC can do, what counts as corrupt conduct under its governing Act, the protections available to you if you report, and the practical steps to take before you do. It is written for anyone weighing up a report, whether you are a member of the public, a public servant, or a contractor who has seen something wrong from the inside.
Importantly, the NACC only handles Commonwealth matters. If your concern involves state, territory or local government, your approach is with a different body, such as NSW ICAC or Queensland’s Crime and Corruption Commission.
At a glance
- Who it covers: Commonwealth ministers, parliamentarians, public servants, agency staff and contractors, not state/territory/local government.
- Threshold: the NACC only investigates conduct that appears serious or systemic, not routine complaints.
- Reporting: open to everyone, including anonymously, via the NACC’s online form, phone, or post.
- The one thing to do now: write down what you saw and when, and get legal advice before you report, especially if you are a public servant or contractor with obligations of your own.
Why the NACC Exists
The NACC commenced on 1 July 2023 with an aim of providing a national, independent body to investigate serious or systemic corruption in the Commonwealth public sector. It was set up in response to concerns about gaps in federal integrity mechanisms.
The Commission’s main purpose is to protect the public interest by ensuring Commonwealth officials exercise their powers honestly and for proper purposes. It also works to identify and help fix systemic weaknesses in policies, processes and culture that allow corruption to take place.
Who Has a Role in the Integrity System?
Anyone who encounters suspected federal corruption has a role to play. That includes:
- Members of the public affected by a corrupt decision.
- Public servants who see wrongdoing from the inside.
- Contractors and grant recipients who see a process unfairly manipulated.
Your rights include the ability to report corruption, seek advice on the protections that apply to you. In some cases, you may be able to pursue a separate civil claim if corruption has caused you loss. These rights exist because public officials and contractors manage public resources and hold a lot of power over individuals and businesses.
What Law Governs the NACC?
The NACC operates under the National Anti-Corruption Commission Act 2022 (Cth) (the NACC Act). This Act sets out:
- What counts as “corrupt conduct”.
- Who falls within the NACC’s jurisdiction.
- The requirement that a matter be serious or systemic before the NACC will become involved.
- The powers available to it to investigate and report.
Basically, the NACC can only investigate a “corruption issue” if it involves, or could involve, corrupt conduct by a Commonwealth public official (or someone whose conduct affects such an official), and the conduct appears serious or systemic.
What Is “Corrupt Conduct”?
Under the NACC Act, corrupt conduct covers four areas:
- A public official breaches public trust, for example using their position to benefit themselves, friends, family or political allies instead of the public.
- A public official abuses their office, using powers or resources for an improper purpose, such as approving a licence or contract in exchange for a bribe.
- A public official or former official misuses official information, improperly accessing, disclosing or using confidential government information for personal gain.
- Any person adversely affects the honest or impartial exercise of a public official’s powers, functions or duties. For example, bribing, coercing or improperly influencing an official.
When Does Conduct Count as “Serious or Systemic”?
The NACC only investigates matters that appear:
- Serious conduct that could be a criminal offence, involves large sums of money, causes significant harm, or seriously undermines public confidence.
- Systemic which indicates a pattern or culture of misconduct, not just a one-off incident, or a structural problem that allows corruption to flourish.
Examples of the above include corrupt Commonwealth procurement, grant programs manipulated for private or political benefit, regulatory decisions made dishonestly, embezzlement or misuse of public funds, and entrenched conflicts of interest.
Real-World Scenarios
Scenario 1: Rigged Commonwealth Procurement
You work for a federal agency and notice that major contracts regularly go to the same company despite there being better bids from competitors. You later discover the responsible official has close personal ties to that company’s director.
The NACC can:
- Investigate whether the official abused their office or breached public trust.
- Examine procurement records, emails and decision-making processes.
- Recommend disciplinary action, refer the matter for criminal investigation, or recommend systemic reforms.
The NACC cannot:
- Resolve ordinary procurement disputes where decisions were honestly made.
- Intervene in purely commercial disagreements between private companies.
In this situation, carefully document what you have seen and seek legal advice about making a protected report to the NACC.
Scenario 2: Politically Driven Grant Decisions
You are a public servant involved in a federal grants program. Staff in a minister’s office push you to approve a grant application linked to the minister’s electorate and political supporters, even though the application clearly fails the published criteria.
The NACC can:
- Investigate whether the minister or their staff breached public trust or abused office.
- Examine whether there is a pattern of grants favouring political allies.
- Make findings and recommendations to Parliament and the agency.
The NACC cannot:
- Treat every political or policy decision as corruption.
- Investigate general disagreement with the government’s policy settings.
Scenario 3: Misuse of Confidential Information
A colleague in a Commonwealth agency accesses confidential tender information and passes it to a family member’s business so they can undercut competitors and win a contract.
The NACC can:
- Investigate misuse of official information for personal benefit.
- Use its compulsory powers to obtain records and examine communications.
- Refer potential criminal offences, such as fraud, for investigation or prosecution.
The NACC cannot:
- Treat an accidental or minor privacy breach as corruption without corrupt intent.
- Provide compensation directly to a losing tenderer.
Where corruption has caused your business or organisation serious financial loss, you may need both a NACC report and a separate civil action.
What the NACC Can and Cannot Do
What the NACC can do:
- Receive and assess corruption reports about Commonwealth officials and contractors.
- Decide whether to investigate itself, conduct a joint investigation, or refer a matter to an agency for action with oversight.
- Use strong powers to compel documents and witnesses, conduct searches, and hold public or private hearings.
- Make findings of corrupt conduct, refer matters for criminal investigation or prosecution, recommend disciplinary or administrative action, and publish reports in the public interest.
What the NACC cannot do:
- Investigate state, territory or local government corruption. Those matters go to state-based bodies such as NSW ICAC or Queensland’s CCC.
- Act as your personal lawyer, representative or advocate.
- Award compensation or damages to people harmed by corrupt conduct.
- Investigate every complaint it receives; it focuses on serious or systemic issues.
Common Misconceptions
“Reporting to the NACC automatically gets me compensation.” NACC findings can support civil action, but compensation has to be pursued separately.
“I must go to the NACC before I can sue the Commonwealth.” No. Reporting to the NACC is not a prerequisite to starting civil proceedings. Whether you report, sue, or both, depends on your circumstances.
“Reporting is completely risk-free.” There are strong protections, but real workplace or commercial risks can still arise.
Your Rights & What You Can Do Now
If you are considering reporting suspected corruption, consider taking these steps:
- Write everything down. Record everything, including dates, times, locations, names, positions and what happened. Importantly, note how you became aware of the conduct.
- Collect and preserve evidence. Keep copies of relevant emails, documents, invoices, tender papers, grant files, meeting notes, messages and any other records. Store them securely.
- Get legal advice. Talk to a lawyer experienced in anti-corruption and public law about whether the conduct is likely to be a NACC matter, the protections that apply to you, and any obligations you have as a public servant or contractor.
- Decide how to report. Consider whether to report internally, directly to the NACC, or both, whether to identify yourself or report anonymously, and whether you also want to pursue a civil claim.
- Make the report. Use the NACC’s online form, call 1300 489 844, or send a detailed written report by post to GPO Box 605, Canberra ACT 2601. Include a clear summary, key facts, why you believe it is serious or systemic, and any supporting evidence.
- Monitor and document any fallout. Keep a record of any change to your work situation or treatment after reporting. This is very important in case there is retaliation.
Some helpful phrases if you are unsure how to open the conversation:
- To a lawyer: “I believe I’ve witnessed serious corruption involving a Commonwealth official. I need advice on my protections and how to report safely.”
- In your report: “I am reporting suspected serious/systemic corrupt conduct involving [position] at [agency]. The conduct involves [brief description]. It appears
serious/systemic because [reasons]. Supporting documents are attached.” - To colleagues or managers who ask about your actions: “I’m not able to discuss that.”
How a Lawyer Could Help Your Case
A lawyer’s role here is largely about protecting your position before and after you report, and pursuing any separate compensation claim the corrupt conduct may have caused.
- Assessing whether your concerns fall within the NACC’s jurisdiction, so you are not left waiting on a report that was never going to proceed.
- Advising on the protections that apply to you under the NACC Act and the Public Interest Disclosure Act 2013 (Cth), including what “good faith” or “reasonable basis” actually requires before you report.
- Helping you decide how and where to report, including whether an internal disclosure, a direct NACC report, or both is the right sequence for your situation.
- Drafting and lodging a carefully framed report, so the facts, the reasoning on seriousness or systemic pattern, and the supporting evidence are presented clearly from the outset.
- Advising on a possible civil claim where corrupt conduct has caused you or your business financial loss, since a NACC report and a compensation claim are separate processes that may run alongside each other.
Frequently Asked Questions
Who can make a report to the NACC?
Anyone, including members of the public, current and former public servants, contractors, grant recipients and agency heads.
Can I report anonymously?
Yes. You can make an anonymous report online or by post. Anonymity does limit the NACC’s ability to seek clarification from you or provide you with updates.
Will the person I report find out it was me?
Not always. The NACC must protect your identity and cannot disclose information that is likely to reveal your identity unless authorised by law or your consent.
Will I be told what the NACC decides?
Sometimes. If you provide contact details, you may receive a general update on how your report was handled. Confidentiality, privacy and legal constraints mean you may not be given full details of the outcome.
What if my issue is mainly a workplace grievance?
Matters like bullying, poor management or unfair treatment, without corrupt intent, are usually not NACC issues and are better addressed through HR, a union, or employment law channels. If the grievance is genuinely tied to corruption or to retaliation for raising concerns, the NACC may still be relevant.
Can I get into trouble for making a report?
No. If you report to the NACC about a corruption issue, you are protected from civil, criminal and administrative liability, even if you turn out to be wrong, provided you do not knowingly provide false or misleading information. Deliberately false or misleading disclosures are not protected and can have legal consequences.
Do agency heads have special obligations?
Yes. Commonwealth agency heads must refer suspected serious or systemic corruption involving their agency to the NACC. Failing to do so can have significant consequences.
Can I still go to the media?
Going public may affect your legal protections and can expose you to additional risk. Get legal advice before speaking to journalists or publishing anything.
How O’Brien Criminal & Civil Solicitors Can Help
Deciding whether and how to report suspected corruption carries real consequences, whether you are a member of the public, a public servant, or a contractor with obligations of your own.
O’Brien Criminal & Civil Solicitors can assess whether your concerns are likely to fall within the NACC’s jurisdiction, advise on the protections available to you, and help you frame a report that puts your position, and your evidence, in the clearest light.
Request initial advice (no-obligation) via the form below or call us on (02) 9261 4281.
