What happens if there’s a corruption issue?
If we decide the notification or referral raises a corruption issue, the Integrity Commissioner decides independently whether to start an investigation.
The Integrity Commissioner can decide to:
- investigate the corruption issue
- investigate the corruption issue jointly with another agency
- refer the corruption issue to the relevant law enforcement agency for internal investigation
- refer the corruption issue to another agency-such as a state integrity agency, the AFP, or another Government agency-for investigation
- take no further action.
How does ACLEI conduct investigations?
ACLEI corruption investigations use a number of investigative methods to gather information relevant to the investigation.
The role of ACLEI’s investigators is to investigate each corruption allegation and gather information to prove or disprove what has been alleged. ACLEI investigators do this by interviewing witnesses and obtaining witness statements and interviewing, under caution, persons of interest.
Where appropriate, ACLEI can also use a variety of statutory powers under the LEIC Act and other relevant legislation. For example, in appropriate cases we can:
- compel the production of documents or other things
- compel individuals to provide information, either by way of participating in a hearing in front of the Integrity Commissioner or to produce documents and other things
- obtain warrants to search properties
- intercept telecommunications and use surveillance devices.
Under the LEIC Act, the Integrity Commissioner has the power to summon a person to attend a hearing to give evidence or produce a document or other thing relevant to a corruption investigation.
If you receive a summons from ACLEI to attend a hearing, you must attend. Find more information for people involved in ACLEI investigations.
Hearings can be held either in public or in private depending on the Integrity Commissioner’s consideration of a number of factors. For example, is the evidence to be obtained confidential? Would a public hearing unfairly prejudice the reputation of a person? Is it in the public interest that the hearing takes place in public?
The full list of factors the Integrity Commissioner must have regard to is set out in section 82 of the LEIC Act.
What happens after an investigation?
If during an ACLEI investigation, admissible evidence of a criminal offence is found, a brief of evidence must be sent to the Commonwealth Department of Public Prosecutions (CDPP), for their consideration.
At the end of an investigation the Integrity Commissioner must prepare a report on the investigation for the Attorney-General. The Integrity Commissioner can decide to publish the Investigation Report if they believe it is in the public interest. ACLEI does not publish Investigation Reports until after all proceedings, such as criminal prosecutions, have been finalised. This may mean that there is a significant delay between the finalisation of an ACLEI corruption investigation and the public reporting of that investigation.
Read about our investigation outcomes.