Corruption and Crime - What best serves the public interest Hon John McKechnie QC Commissioner
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 other ways? • what is effective in reducing corruption? 30 October 2019
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 of 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. 30 October 2019
The role of police in corruption Police can lay charges that lend to prosecution. Should police forces prioritise bribery and corruption offences? • 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
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