NSW ICAC Chief Commissioner John Hatzistergos says allegations shouldn’t be used “as a weapon to level at a political rival”. Photo: ICAC.
The NSW Independent Commission Against Corruption (ICAC) is calling on candidates in the upcoming local government elections to refrain from “weaponising” it as part of their campaigns.
Chief Commissioner John Hatzistergos AM said the practice involved directing allegations of corruption against political rivals, which might be accompanied by public statements that the matter had been referred to ICAC.
“The weaponisation of the commission for political advantage, whether it be via a referral or some other means, is inappropriate,” he said. “Doing so, irrespective of whether there is a reasonable basis for such allegations, may cause political damage, and such allegations should not be used as a weapon to level at a political rival.
“This type of conduct, particularly when undertaken during an election campaign, leaves the commission with little time to adequately assess and then investigate the allegation.
“It may also jeopardise the commission’s investigation opportunities, where evidence may be destroyed.”
This warning comes after the peak body for NSW local government (LGNSW) and the State Government officially signed a new agreement of cooperation.
Last Thursday, LGNSW President Councillor Darriea Turley AM signed the 2024-2027 Intergovernmental Agreement (IGA) with Premier Chris Minns MP and Local Government Minister Ron Hoenig MP.
The IGA sets out key principles focused on strengthening the financial sustainability of councils, a commitment to local democracy and ongoing collaboration between the two spheres of government.
Of note is its intent to minimise the impact of cost-shifting and a review of the rate peg in close consultation with LGNSW and councils.
The NSW Government also committed to no progression of council mergers or boundary changes not requested by councils for the term of the agreement, as well as returning councils under administration to democratically elected representatives as soon as practicable.
NSW Premier Chris Minns, LGNSW President Darriea Turley and Local Government Minister Ron Hoenig. Photo: LGNSW.
ICAC Chief Commissioner Hatzistergos wrote of the integrity agency’s concerns to current councillors, registered political parties and candidates, as they prepare for the NSW local government elections on 14 September.
Along with a reminder for them to heed their integrity obligations, he noted that timely and unpublicised reporting was a much better way to assist ICAC in effectively dealing with an allegation.
“If any person holds a genuine suspicion of corrupt conduct, it should be reported to the commission in the usual manner,” said Chief Commissioner Hatzistergos. “Reporting suspected corruption allegations to the commission, actively contributes to a NSW public sector that is more resistant to corruption.”
ICAC notes that while it typically refrains from confirming or denying the existence of any allegation or investigation, if it becomes apparent that its functions are being weaponised, the commission may determine that it is in the public interest to clarify the status of its involvement in a matter.
Councillors are being advised of their obligations during the caretaker period between 16 August and 13 September, when there will also be restrictions on their functions.
These include determining controversial development applications, entering or receipting certain valued contracts or undertakings, and appointing, reappointing or removing the general manager.
Among other recommendations, Chief Commissioner Hatzistergos added that councillors must not use local government resources to assist their or others’ election campaigns.
“Candidates must not attempt to circumvent electoral funding laws or be involved in improper arrangements surrounding political donations to their campaign, as donations may be used as a mechanism to exert improper influence to secure favourable decisions.”
