The NACC is a federal integrity body

The National Anti-Corruption Commission is an independent Commonwealth agency established by legislation to detect, investigate and report on serious or systemic corrupt conduct involving Commonwealth public officials and related people. It began operating in 2023.

Its jurisdiction is defined by the National Anti-Corruption Commission Act, so not every complaint about government falls within the Commission's legal powers.

Who can be within jurisdiction

The legislation covers a broad range of Commonwealth public officials and can also apply to people who seek to influence public officials through corrupt conduct. Exact jurisdiction depends on the statutory definitions and the facts of the matter.

State and territory public officials are generally dealt with by the relevant state integrity bodies unless a Commonwealth connection brings conduct within federal jurisdiction.

Investigations and hearings

The NACC has investigative powers and can compel information in accordance with the Act. It can hold hearings where statutory requirements are met and can produce investigation reports with findings and recommendations.

A NACC investigation is not the same thing as a criminal prosecution. Where evidence suggests a criminal offence, prosecutorial decisions are handled through the criminal justice system.

Public hearings are not automatic

The legislation places conditions on when a hearing can be held in public. The Commissioner must apply the statutory test rather than use public hearings simply because a matter has attracted media attention.

This means the absence of a public hearing does not establish that no investigation is occurring or that a complaint lacks merit.

How to interpret a NACC announcement

Distinguish between a referral, a decision to investigate, an ongoing investigation, a finding of corrupt conduct and a criminal charge. Those are separate stages with different legal meanings.

The NACC website and legislation are the authoritative sources for its powers, reporting and jurisdiction. Political statements about what the Commission 'must' do should be checked against those sources.

Primary sources and further reading

We use authoritative Australian institutions as the starting point for this explainer. Follow these links for the underlying rules, official guidance and current details.