Recommendations for corruption prevention

The ICAC has made 13 corruption prevention recommendations to the Department of Justice, as follows:

Recommendation 1
That the NSW Department of Justice undertakes a review of its systems to identify ways to ensure that Corrective Services NSW (CSNSW)’s minor works program commences at the start of each financial year and that delays are minimised.

Recommendation 2
That the Department reviews its existing minor works scoping practices. This review should identify inefficient project scoping practices that delay the commencement of minor capital works programs. In particular, the practice of scoping minor works projects twice, once by CSNSW and once by Asset Management Services (AMS), should be examined.

Recommendation 3
That the Department continues to prioritise its development of accurate and comprehensive asset registers to facilitate detailed project scoping and timely completion of works.

Recommendation 4
That the Department revises its method for awarding minor works projects to include criteria other than cost.

Recommendation 5
That the Department analyses minor works expenditure at different levels of aggregation to highlight expenditure patterns, including the volume of work awarded to particular contractors.

Recommendation 6
That the Department takes steps to ensure competition between members of capital works panels. This could include increasing the number of approved and vetted suppliers that are prepared to compete for work.

Recommendation 7
That the Department clarifies its criteria for classifying maintenance, minor works and major capital works, and communicates these criteria to all stakeholders.

Recommendation 8
That the Department develops a service level agreement between AMS and CSNSW in relation to the provision of minor works and maintenance services that details the roles and responsibilities of each. This could include ensuring that both AMS and CSNSW have visibility over expenditure on CSNSW assets.

Recommendation 9
That the Department ensures that minor capital works are allocated separate, discrete project codes.

Recommendation 10
That the Department develops a performance management system that is used to inform the awarding of minor capital works projects. This should be based on a range of objective measures based on the time, cost and quality of the work performed.

Recommendation 11
That the Department ensures that the performance of minor works and maintenance contractors in NSW correctional centres is appropriately verified. Where relevant, this should include input from the asset owner within CSNSW.

Recommendation 12
That the Department reviews its subcontracting arrangements with facilities maintenance providers with a view to prohibiting “wash through” jobs. Relevant training for contractors and staff should reflect this requirement.

Recommendation 13
That the Department amends relevant documents, including its Code of Ethics and Conduct Policy, to provide that staff must declare departmental works contractors, who are providing goods or services to them in a private capacity, as a potential conflict of interest. Consideration should also be given to prohibiting staff from engaging contractors in a private capacity where they are involved in the selection and management of those contractors.

Response to ICAC recommendations

The action plan posted below has been provided by the NSW Department of Justice in response to the ICAC's corruption prevention recommendations. Its publication here is to show the status of the responses. It does not constitute approval or endorsement by the Commission.

Action plan - NSW Department of Justice