Navigating the Landscape of Anti-Corruption and Ethical Leadership

As efforts to strengthen integrity and combat corruption continue to evolve, recent updates from key bodies in Victoria and across Australia have introduced new strategies and principles aimed at enhancing transparency and accountability. In this blog, we explore the latest strategic plan from the Victorian Independent Broad-based Anti-corruption Commission (IBAC), the newly unveiled anti-corruption principles, and the role of ethical leadership in fostering a culture of probity.

IBAC’s 2024-25 Strategic Plan

IBAC has introduced its 2024-25 strategic plan, marking a significant advancement in its mission to combat corruption within the public sector. This plan emphasises a targeted approach to high-risk areas, including correction and youth justice, as well as specific police stations and specialist police teams.

IBAC’s Acting Chief Executive Officer, Dr Linda Timothy, explained, “In addition, and as part of our work towards preventing public sector corruption in Victoria, we will continue to focus on high-risk public sector agencies.” Timothy further stated that IBAC will focus on agencies “more likely to be vulnerable to corruption” either because they manage valuable information or are responsible for high-value investments.

Anti-Corruption Principles for Public Sector Watchdogs

In a significant development, the National Anti-Corruption Commission (NACC) has released a comprehensive framework for anti-corruption and integrity commissions overseeing the public sector. This framework, developed after a two-year collaborative review, outlines 12 key principles designed to enhance the effectiveness of public sector watchdogs. These principles include:

1. The ability to receive and consider referrals from any third party
2. The ability to commence an investigation on own volition (own motion powers)
3. A requirement for the heads of public sector agencies to report allegations of corruption to the Anti-Corruption Commission
4. Protections for whistleblowers and witnesses
5. Coercive powers to obtain information and evidence
6. The ability to refer matters to a prosecuting authority
7. The ability to make recommendations
8. The ability to report on investigations and make public statements
9. A corruption prevention function
10. A sufficient and predictable budget
11. Transparency of appointments
12. Effective and proportionate oversight

The addition of whistleblower protections (Principle 4) is particularly noteworthy. This principle aims to encourage more individuals to come forward with crucial information, free from fear of retaliation. Similarly, Principle 8, which emphasises the importance of effective communication, stands out. According to the NACC, “This is important to expose corrupt conduct, to identify matters which may present a corruption risk, and to clear the air of unfounded allegations of corruption.”

The Role of Culture

A recent report by The Joint Committee of Public Accounts and Audit investigated probity and ethics within the Australian public sector. The report aimed to determine “whether there are systemic factors contributing to poor ethical behaviour in government agencies,” and to identify “opportunities to strengthen government integrity and accountability.”

The Committee Chair Julia Hill highlighted a “pattern of persistent resistance to accountability across the public sector.” To foster probity and integrity within the Australian Public Service, three key areas are integral:

1. frameworks
2. culture
3. accountability.

To ensure the effectiveness of an integrity framework, fostering a strong culture and maintaining robust accountability are essential. The report states that “frameworks, culture and accountability do not sit in some kind of hierarchy, they form a mutually interdependent triangle. Ensuring entities can act with probity and ethically requires ethical leadership to ensure the faithful implementation of frameworks, the building of a strong and ethical culture, and accountability for performance.”

Hill emphasised, “The key, however, to ensuring the public sector acts with probity and integrity is overwhelmingly not the rules per se — it is ethical leadership: the ‘golden thread’ that binds and animates the system in a positive direction. Ethical leadership must be demonstrated at all levels, especially by accountable authorities and senior officers.”

The Committee made 11 recommendations, one of which requests that the Australian Public Service Commission develop clearer guidance on the role of culture in promoting probity.

Resources

• Corruption prevention priorities for 2024 (NACC)
• Fundamental Principles of Australian Corruption Commissions (NACC)
• IBAC to focus on corrections and youth justice, and excessive use of force by police 2024/25
• Report 502: The never-ending quest for the golden thread – Probity and ethics in the Australian public sector

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A participant in the UN Global Compact, CourtHeath seeks to raise awareness about the Sustainable Development Goals and the principles of the Global Compact with business and government organisations in Victoria.

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