Getting the NACC of things: Australia to establish a National Anti-Corruption Commission in 2023

Published

Dec 02 2022

Written By

I'm a dispute resolution and regulatory investigations partner in our Sydney office. I work with clients to solve complex issues facing their businesses, whether that is a commercial dispute or engagement with regulatory agencies.

Kristy Peacock-Smith

Partner
Australia

I am a partner in our International HR Services Group in Sydney where I advise our clients on the full spectrum of employment and industrial law issues.

Practices

The much anticipated National Anti-Corruption Commission Bill 2022 (Bill) has now passed both houses of the Australian parliament, with the prime minister looking forward to seeing the National Anti-Corruption Commission (NACC) established by mid-2023[1].

As discussed in our last article, the NACC will have broad powers to investigate public sector corruption both retrospectively and prospectively. The final form of the bill largely reflects the initial first reading draft legislation with a few notable changes:

Expanded protections for journalists;
Confirmation that the Commissioner may deal with a corruption issue on its own initiative;
Further protections for vulnerable or disabled people when complying with the NACC’s information gathering powers;
The introduction of legal and medical privilege protections for certain offences; and
The expansion of the Investigators powers to investigate the NACC’s conduct.

Plan for 2023

We expect to see the NACC established in mid-2023. Businesses should start preparing now and plan to include the new NACC laws in contract risk assessments and internal training on issues such as whistleblower protections in Australia and their response to unannounced government visits (dawn raids).

[1] https://www.9news.com.au/national/national-anti-corruption-commission-legislation-passes-senate/4a6ecd5b-f9d7-4b65-81a2-5bf3ad3b1cec