The NSW Independent Commission Against Corruption (ICAC) is warning candidates standing in the September 14 council elections to refrain from “weaponising” the Commission as part of their campaigns.
Chief Commissioner John Hatzistergos is writing to registered political parties and registered candidates to advise them of their obligations on integrity.
“Weaponising” the Commission is a practice that involves directing allegations of corruption against political rivals, which may be accompanied by public statements that the matter has been referred to the Commission.
“The weaponisation of the Commission for political advantage, whether it be via a referral or some other means, is inappropriate,” Commissioner Hatzistergos says.
“Doing so, irrespective of whether there is a reasonable basis for such allegations, may cause political damage, and such allegations should not be used as a weapon to level at a political rival.
“This type of conduct, particularly when undertaken during an election campaign, leaves the Commission with little time to adequately assess and then investigate the allegation.
“It may also jeopardise the Commission’s investigation opportunities, where evidence may be destroyed.”
Commissioner Hatzistergos noted that timely and unpublicised reporting assists the Commission to deal effectively with an allegation.
“If any person holds a genuine suspicion of corrupt conduct, it should be reported to the Commission in the usual manner,” he said.
“Reporting suspected corruption allegations to the Commission actively contributes to a NSW public sector that is more resistant to corruption.”
The Commission notes that while it typically refrains from confirming or denying the existence of any allegation or investigation, if it becomes apparent that its functions are being weaponised, the Commission may determine that it is in the public interest to clarify the status of its involvement in a matter.
Current councillors – and we have none on the Coast as we are under administration – are being advised of their ongoing obligations during the caretaker period that runs from 16 August to 3 September.
Coast Administrator Rik Hart is also restricted during this period.
Restrictions include not entering or receipting high value contracts or undertakings.
Registered candidates are advised to be aware of obligations regarding electoral laws.
“Candidates must not attempt to circumvent electoral funding laws or be involved in improper arrangements surrounding political donations to their campaign, as donations may be used as a mechanism to exert improper influence to secure favourable decisions,” Commissioner Hatzistergos says.
See his recent speech about relationships that can give rise to a conflict of interest: https://www.icac.nsw.gov.au/…/when-do-relationships…
