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Making Corruption Complaints: A Guide to the Process

The Corruption Act provides a framework for investigating and prosecuting corruption. In this article, we will explore the key points related to making and receiving corruption complaints.

Making a Corruption Complaint

Any person can make a corruption complaint to the Commission either directly or through an integrity officer (Section 35).

Requirements for Making a Complaint

  • A corruption complaint can initially be made orally or in writing, but it must be reduced to writing if made orally (Section 35(2)).
  • The written complaint must be signed by the complainant and identify them, unless they request confidentiality (Section 35(3)).

Further Information

The Director-General may request a complainant to provide further information about a corruption complaint either orally or in writing (Section 36).

Request for Further Information

  • The Director-General must inform the complainant of their intention to seek further information.
  • The complainant has a reasonable time frame to provide the requested information.

Register of Complaints

The Director-General must keep a register of corruption complaints containing the following information:

Register Requirements

  • Date the complaint was made
  • Name of the complainant (unless anonymous)
  • Whether the complaint was made orally or in writing
  • Any other prescribed details (Section 37)

Initial Action in Response to Corruption Complaint

The Director-General must examine each corruption complaint and take one of three actions:

Possible Actions

  1. Dismiss the complaint under Section 40: If the complaint is deemed frivolous, vexatious, or lacks merit.
  2. Begin a corruption investigation into the conduct complained of under Section 42: If there is sufficient evidence to warrant an investigation.
  3. Refer the complaint to another person or body if the Director-General considers it warrants investigation or action (Section 38): If the complaint is outside the Commission’s jurisdiction or requires specialized expertise.

By understanding these key points, individuals can navigate the process of making and receiving corruption complaints effectively.