The NSW Independent Commission Against Corruption (ICAC) is warning candidates standing in the state’s local government elections next month to refrain from “weaponising” the Commission as part of their campaigns.
Chief Commissioner John Hatzistergos is writing to current councillors, registered political parties and registered candidates to advise and remind them of their obligations regarding integrity and to highlight important matters ahead of election day on September 14.
One of these is “weaponising” the Commission, 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,” Chief Commissioner Hatzistergos said.
“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.”
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. Reporting suspected corruption allegations to the Commission, actively contributes to a NSW public sector that is more resistant to corruption,” he said.
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 are being advised of their ongoing obligations during the caretaker period that runs from August 16 to September 3, which include restrictions on functions including determining controversial development applications, entering or receipting certain valued contracts or undertakings, and appointing, reappointing or removing the general manager.
Councillors are also advised that they must not misuse council resources to assist their or others’ election campaigns, and that when considering their fundraising activities, they cannot vote on matters in which their reportable donors have an interest.
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,” Hatzistergos said.
Post-election, the Commission will work with councils as part of its pro-active approach to educating elected officials.
“We encourage councils to reach out to the Commission to discuss training opportunities for their councillors,” Hatzistergos said.
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