1 January 2024

The concept of integrity can be expressed in more than one way, but an excellent definition of ‘integrity’ is that adopted by Transparency International:¹

Behaviours and actions consistent with a set of moral or ethical principles and standards that is embraced by individuals as well as institutions. Integrity creates a barrier to corruption.

This is a useful definition because it makes three things clear: first, that integrity is firmly rooted in behaviours and actions, not just beliefs and thoughts; secondly, that integrity is the responsibility of both individuals and institutions; and thirdly, that there is a direct and inverse relationship between integrity and corruption – that is, where integrity is higher, corruption risks are lower.

What is corruption?

Like integrity, corruption can be defined in more than one way. Transparency International defines corruption as, “the abuse of entrusted power for private gain”. This is a useful definition because it neatly encapsulates the harm that corruption causes to the public interest and makes it clear that corrupt individuals act for personal interest.

However, under the Independent Commission Against Corruption Act 2012 (the ICAC Act), ‘corruption in public administration’ has a special meaning. This is important to understand because the Commission’s jurisdiction is limited to the identification, investigation, prevention and minimisation of corruption in public administration.

Essentially corruption in public administration is limited to certain types of criminal offences. Those offences are listed in section 5 of the ICAC Act and include:

• an offence against Part 7 Division 4 of the Criminal Law Consolidation Act 1935, which includes:
  • abuse of public office;
  • bribery or corruption of public officers;
  • threats or reprisals against public officers;
  • demanding or requiring a benefit on the basis of public office;
  • offences relating to appointment to public office; or
• an offence against the Public Sector (Honesty and Accountability) Act 1995, the Public Corporations Act 1993 and the Lobbyists Act 2015, or attempts to commit such offences; or
• in relation to any of the above offences :
  • aiding, abetting, counselling or procuring the commission of the offence;
  • inducing (by threats, promises or otherwise) the commission of the offence;
  • being in any way, directly or indirectly, knowingly concerned in, or party to, the commission of the offence;  or
  • conspiring with others to effect the commission of the offence.

Although some offences which constitute corruption in public administration can only be committed by a person who is a ‘public officer’ – for example, abuse of public office – others can be committed by anyone – for example, bribery of a public officer, threats or reprisals against public officers, and some offences under the Lobbyists Act 2015.

Corruption in public administration is different from misconduct in public administration or maladministration in public administration, which are non-criminal instances of wrongdoing by public officers and public authorities.

What is misconduct?

Misconduct in public administration is defined in section 4 of the Ombudsman Act 1972 as:

… an intentional and serious contravention of a code of conduct by a public officer while acting in their capacity as a public officer that constitutes a ground of disciplinary action against the officer.

Unlike corruption in public administration, misconduct in public administration can only be committed by a person who is a ‘public officer’.

Not all breaches of a code of conduct by a public officer will amount to misconduct in public administration as defined by the Ombudsman Act. The breach must be intentional and serious, and must constitute a ground of disciplinary action.

Misconduct in public administration may be constituted by both actions and omissions (that is, a failure to act).

What is maladministration?

Maladministration in public administration is defined in section 4 of the Ombudsman Act as:

• conduct of a public officer, or a practice, policy or procedure of a public authority, that results in an irregular and unauthorized use of public money or substantial mismanagement of public resources; or
• conduct of a public officer involving substantial mismanagement in, or in relation to, the performance of official functions.

Maladministration in public administration includes conduct resulting from impropriety, incompetence, or negligence – it is essentially about poor governance.

Unlike both corruption and misconduct in public administration, maladministration in public administration can be committed by a public authority, as well as by an individual.

¹ Transparency International is a global body dedicated to stopping corruption and promoting transparency, accountability and integrity at all levels and across all sectors of society. See www.transparency.org. (external site) (external site) (external site) (external site)