best serves the public interest Hon John McKechnie QC Commissioner - - PowerPoint PPT Presentation

Corruption and Crime - What best serves the public interest

Hon John McKechnie QC Commissioner

30 October 2019

Aims of session

• Bribery and its companion corruption are crimes in every jurisdiction.
• The usual role of a police force is to investigate and bring charges in respect of

crime.

• There are now anti-corruption agencies throughout Australia. Some can bring

criminal charges; some cannot.

• The aim of the session -

To explore together the role of an anti-corruption agency:

• what are its powers?
• what informs the decision to prosecute or deal with corruption in
• ther ways?
• what is effective in reducing corruption?

Consider an anti-corruption agency you know

• How effective is it?
• What are five indicators of effectiveness?
• What limitations are placed on an anti-corruption agency?
• What other agencies have a corruption prevention mandate?
• Can it bring prosecutions?
• Can it only bring prosecutions?

30 October 2019

Consider a police force you know

• How effective is it in investigating and charging bribery

and corruption:

• within its own ranks?
• within the public sector?
• What can limit police effectiveness in bribery and

corruption?

30 October 2019

Report v prosecution

• What are the advantages in simply reporting corruption

to the executive or Parliament?

• What are the disadvantages?
• What are the advantages in prosecuting corruption?
• What are the disadvantages?

30 October 2019

A scenario

Australia has rich mineral deposits. Development is subject to a licence. A developer bribes an official to gain a licence:

• prosecution or report?

The system is generally robust but there are identified instances

• f bribery:
• prosecution or report?

The system is generally corrupt and bribes are routine:

• prosecution or report?

30 October 2019

When to investigate

Almost all anti-corruption agencies have constrained budgets.

• What should guide a decision to commit resources to an

investigation? What happens to credible reports on corruption the agency does not investigate? The ones that fall through the cracks.

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The role of police in corruption

Police can lay charges that lend to prosecution. Should police forces prioritise bribery and corruption

• ffences?
• What should define the priorities?
• What happens to those acts of bribery or corruption

that do not meet the priorities?

• Do they just fall between the cracks?

30 October 2019

“Many a mickle makes a muckle”

• The ones that fall between the cracks can eventually

do damage.

• Small acts of corruption can lead to wide scale ethical

fading.

• How does an anti-corruption agency promote an

ethical environment?

30 October 2019

A trading nation like Australia requires an independent justice system and a public sector with integrity. Bribery and corruption are but two crimes that affect a society. Law enforcement has many priorities. How do we ensure that the fight against corruption is effective?

30 October 2019