Public Sector Corruption and the Corruption and Crime Commission

by Matt McKeone Communications Coordinator Corruption and Crime Commission

Public sector corruption is a global problem and we are not immune in Western Australia

International Anti-Corruption Day is marked on 9 December - a day to expose corruption around the globe, and to recognise that no country, region or community is immune to this crime. Corruption is both a global and local problem. The UN Secretary General has estimated the annual cost of international corruption is $US 3.6 trillion in bribes and stolen money. Each year, Transparency International publishes a corruption perception index, ranking 180 countries and territories by their perceived levels of public sector corruption according to experts. New Zealand and Denmark rank equally as number 1 countries least perceived as corrupt. South Sudan and Somalia round out the list as the most likely to be corrupt. Australia, with the UK, Canada and Hong Kong rank equally as number 11, meaning that we are not perceived as being particularly corrupt. Australia is low on the corruption perception index, due to our culture, and stable political and judicial institutions. These institutions are not only essential for good governance, they are vital for a trading nation, such as we are. International companies and other countries know that they will be treated fairly. Disputes with Australian companies will be resolved impartially by a qualified and independent judiciary. The costs of regulation will be clear. Governmental decisions will be made transparently. Australia is also one of many countries that has specific anti-corruption bodies, like the Corruption and Crime Commission (the Commission) here in Western Australia. There is an anti-corruption body in every state in Australia though no comprehensive Federal body as yet.

So what is corruption?

Corruption is a deliberate act of dishonesty, breach of the law, abuse of public trust or power that undermines or is incompatible with the impartial exercise of an official’s powers, authorities, duties or functions.

Various forms of corruption are defined as crimes and are set out in the Criminal Code.

When someone acts corruptly they tend to show a deliberate intent, an improper purpose or motivation, and may involve conduct such as: deliberately failing to perform the functions of office properly; exercising power or duty for an improper purpose; or dishonesty. Common forms of corruption include bribery, fraud or stealing, forgery, and deliberately misusing confidential information.

The Commonwealth Attorney General’s Office states that “corruption undermines democracy and the rule of law as well as distorting market forces and paving the way for organised crime and terrorism.” Corruption encompasses serious crimes that can undermine social and economic development in all societies. It distorts the market place, promotes lawlessness and diverts funds from the needy to the greedy. If there is corruption, we all pay, and unfortunately we have felt the impact of corruption in Western Australia. Vigilance is ever required. As the Commission has reported from time to time, there are risk areas even in our State.

The Western Australian experience

While Western Australia is relatively corruption free, it has not been so continuously, and public sector corruption impacts us all. In 2019-20, the Western Australian Government employed 207,577 public officers in more than 250 State and Local Government agencies. The Western Australian public sector reaches into almost every aspect of our day. Your house or home is in a suburb serviced by a local council, regulated by the Department of Local Government, Sport and Cultural Industries. The local council looks after your rubbish collection, your local park, the cycling tracks, street parking, public swimming pools and much more.

You may take a bus or train to get to work, provided by the Public Transport Authority. If you drive, you do so on roads maintained by Main Roads WA and have a driving license issued by the Department of Transport. You may be stopped in your vehicle and breathalysed by an officer of the WA Police Force.

Should you visit the State Library, museum or theatre, it is within the portfolio of the WA Government.

You may buy a coffee at a café or vendor who source food under monitoring by the Department of Primary Industries and Agriculture and inspected by health inspectors. When you go to a licensed restaurant or bar, that venue will be subject to Department of Racing, Gaming and Liquor regulations. If you go to hospital, it will likely be a public hospital. The list goes on. We expect our day to run smoothly, and we all deserve a public sector free of corruption. But what happens when it doesn’t?

What happens when the procurement officer at the hospital is putting public money into their own pocket instead of buying essential supplies or medicines? What happens when your garbage collector refuses to take your rubbish unless you pay him? What happens when a car you buy is not road worthy because it was passed by a corrupt inspector? Who is going to investigate these matters and make recommendations to ensure they don’t happen again? Who polices the police? Public officers fall under the jurisdiction of the Corruption and Crime Commission. So the Commission is the easy answer, but

it is only partly right. The Commission is not the front line in battling corruption, it is often the last line. The front line is ordinary members of the community and public officers who see something not right and speak up.

Your right; your role: say no to corruption

Corruption is everyone’s business. The theme for this year’s International Anti-Corruption Day is “Your right; your role: say no to corruption.” That means all of us. As prominent politician Edmund Burke once said, “When bad men combine the good must associate else they will fall, one by one, an unpitied sacrifice in a contemptable struggle.” Corruption flourishes in dark corners and secrecy, but surfaces from time to time and when seen, should be called for what it is. Any public officer who asks for a bribe to do the job that they are paid to do. Any public officer who makes a decision capriciously to benefit themselves or someone else. Any politician enthralled to special interest groups who give large donations. These are observable and we must call it out. Transparency International recently concluded a study on corruption surveying 60,000 people in 43 countries. One in three people in Europe and Central Asia see corruption as one of the greatest challenges for their countries, but a similar number fear retaliation if they speak out against it. Only one in five bribe payers reported an incident, and two in five who do report, suffer some form of retaliation. Developed countries such as Australia, have recognised the problem and taken protective measures, such as the Public Interest Disclosure Act for whistle-blowers. Western Australians can also make anonymous allegations of suspected corruption in the public sector to the Commission. However, it still takes courage to witness or refuse to take a bribe and to report the activity. In 2020-21 the Commission assessed over 7000 allegations from public officers and members of the community, by far the largest number of serious misconduct allegations it has assessed in a year. This large amount of allegations does not mean that there is more corruption in Western Australia. Rather it points to the increased awareness amongst staff in the public sector and the growing community confidence in reporting suspected wrongdoing to the Corruption and Crime Commission.

Everyone in the community must feel confident to express their abhorrence of corrupt behaviour, in any form they encounter, by reporting it to the Corruption and Crime Commission, or the WA Police Force, or the Public Sector Commission. We need to make it too uncomfortable for the public officer who may be tempted to stray from their duty. This is not a responsibility that just falls on the Corruption and Crime Commission, or other official body. Every Western Australian has a responsibility not to stand by, but to stand up to corrupt activity. Anyone can make a difference. It’s your right and your role to say no to corruption.

AntiCorruption Podcast

To mark International Anti-Corruption Day, the Corruption and Crime Commission has released a podcast series featuring four episodes exploring the moral dilemma of becoming a whistle-blower, the helpful vs harmful debate around public examinations, the unique working relationship between the Western Australian Police Force and the Corruption and Crime Commission, and how the Western Australian public sector can avoid corruption in challenging times. You can listen to each episode at https://www.ccc. wa.gov.au/about-us/resources/podcasts.