Corruption Matters - November 2014 - Issue 44

We said what? ICAC advice myths

Line of visibility

Public officials sometimes tell ICAC staff that they use certain practices – such as avoiding talking to suppliers – as a result of ICAC advice, when, in fact, the ICAC never recommended such practices. The result is a series of urban myths that the ICAC perpetuates restrictive processes. The most frequently encountered of these myths are presented and, hopefully, dispelled below.

ICAC staff will sometimes ask a public official why their public authority uses a given practice or process. Usually, public officials provide good reasons in response, and some may even cite ICAC advice.

There are occasions, however, where ICAC staff come across inefficient practices being justified because “the ICAC requires it”. Often, the ICAC actually advises against such inefficient practices.

"Don’t talk to suppliers"

Myth: A public official should avoid meeting with suppliers.

Reality: While public officials should not form personal relationships with or accept gifts from suppliers, communication with suppliers is often essential for good contract management. Poor contract management is, itself, a corruption risk, and not meeting with suppliers can actually increase the risk of corrupt conduct because suppliers will seek to find alternate ways to understand your organisation’s needs and promote their solutions.

"A council should not pursue economic development"

Myth: Staff and councillors should not undertake actions to economically develop their council.

Reality: Promoting the economic welfare of a community is a key role for councils. As a result, it may be appropriate for high-level council staff to meet with companies to try, for example, to bring new jobs to an area. While there are potential conflicts of duty that should be managed, they can be managed in a variety of ways. For instance, council might put a firewall in place between its economic development and development assessment functions. Alternatively, if the economic development impacts on planning, a Joint Regional Planning Panel could assess relevant development applications, freeing up staff and councillors to pursue potential economic opportunities.

"Declaring a conflict of interest raises suspicion"

Myth: If I declare a conflict of interest, the ICAC or other individuals will think I’ve done something wrong.

Reality: Recognising you have a conflict of interest and telling someone so it can be managed is not suspicious – it is the first step to properly managing it. On the other hand, not declaring a conflict of interest may well attract suspicion, as a possible interpretation is that you are deliberately concealing it so you can benefit from it.

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