Corruption generally involves certain criminal behaviour by a public officer while acting in their capacity as a public officer.
This includes abusing power or position for a benefit and bribery, as well as an offence of breaching the duty of all public sector employees to act honestly at all times in the performance of their duties, whether within or outside the State.
Corruption also includes aiding or abetting - or being party to - this kind of behaviour.
Your friend tells you they have received an expiation notice. Your friend knows someone who works for the authority who issued the notice, so they offered that person cash and help renovating their house in exchange for the notice being waived.
Your friend tells you they have received an expiation notice. Your friend knows someone who works for the authority who issued the notice and asked them for advice on how to dispute the notice.
That person told them about the review process, which your friend followed, and the expiation notice was waived.
What does the law say?
Corruption is a term used in section 5 of the ICAC Act 2012 to describe a limited number of offences.
The Act defines corruption as:
- (a) an offence against Part 7 Division 4 (Offences relating to public officers) of the Criminal Law Consolidation Act 1935, which includes the following offences:
- (i) bribery or corruption of public officers;
- (ii) threats or reprisals against public officers;
- (iii) abuse of public office;
- (iv) demanding or requiring benefit on basis of public office;
- (v) offences relating to appointment to public office;
- or (b) an offence against the Public Sector (Honesty and Accountability) Act 1995 or the Public Corporations Act 1993, or an attempt to commit such an offence;
- or (ba) an offence against the Lobbyists Act 2015, or an attempt to commit such an offence
- or (d) any of the following in relation to an offence referred to in a preceding paragraph:
- (i) aiding, abetting, counselling or procuring the commission of the offence;
- (ii) inducing, whether by threats or promises or otherwise, the commission of the offence;
- (iii) being in any way, directly or indirectly, knowingly concerned in, or party to, the commission of the offence;
- (iv) conspiring with others to effect the commission of the offence