Fraud and Corruption Reporting Policy

1. What is this policy about?
   1. This policy outlines the responsibilities of staff to report suspected fraud and corruption.
2. Policy Statement
   1. The Education Directorate (the Directorate) has a zero-tolerance approach to fraud and corruption.
   2. All staff are responsible for reporting suspected fraud and corruption.
3. Who does this policy apply to?
   1. This policy applies to all Directorate staff, including contractors, volunteers and board and committee members employed or working within the Directorate.
4. Context
   1. Fraud and corruption present a significant risk to the delivery of the objectives of the public sector by undermining many aspects of efficiency, effectiveness and integrity. The impact to the reputation of the Directorate, the ACTPS and the Government resulting from fraudulent or corrupt activity can be significant and long-term.
   2. The ACTPS Integrity Governance Policy requires all Directorates to promote integrity and prevent misconduct, including fraud and corruption. It provides guidance on the development of appropriate policies and processes to strengthen integrity.
   3. The Public Interest Disclosure Act 2012 supports the reporting of wrongdoing, including fraud and corruption. The Act provides for a method of investigating allegations, while protecting the individual who has made the disclosure from any reprisals. Persons reporting suspected fraud or corruption are protected under the provisions of this Act.
   4. The ACT Integrity Commission is an independent body, established under the Integrity Commission Act 2018, that can investigate alleged corrupt conduct in relation to all ACT Public Sector entities, their employees and contract staff in government directorates and Territory-owned corporations, members of the Legislative Assembly and their staff.  The ACT Integrity Commission also oversights the application of the Public Interest Disclosure Act 2012.
5. Responsibilities
   1. Policy Owner:The Directorate’s Senior Executive Responsible for Business Integrity Risk (SERBIR) is responsible for this policy.
   2. Director-General:The Director-General is responsible for ensuring that where cases of fraud and corruption are detected or notified that action is taken to investigate those cases. The Director-General is also responsible for providing information on fraud and corruption allegations, investigations and outcomes in the annual report.
   3. SERBIR:The SERBIR is responsible for assessing all reports about potential fraud and corruption, referral of corruption allegations and public interest disclosures to the ACT Integrity Commission and associated reporting.
   4. Senior Executives:All senior executives should lead by example and exemplify honesty, integrity, and probity in their work-related activities. Under the Integrity Commission Act 2018 senior executives must notify the ACT Integrity Commission about any matter the person suspects on reasonable grounds may involve “serious or systemic corrupt conduct”.
   5. All staff:All staff are responsible for reporting suspected fraud and corruption in accordance with procedures developed to support this policy.
6. Monitoring and Review
   1. The Policy Owner monitors the policy. This includes an annual scan of operation and review. A full review of the policy will be conducted within a three year period.
7. Contact
   1. For support contact the Directorate’s Senior Executive Responsible for Integrity Risk (SERBIR) on (02) 6205 6749 or email eduserbir@act.gov.au.
8. Complaints
   1. Any feedback about this policy, should be raised with the policy owner. Refer to contact information above.
9. References
   1. Definitions
      • Corruption: A person engages in corrupt conduct if they are a public official and they breach public trust, abuse their office as a public official, misuse information they have gained in their capacity as a public official or do something that could cause a public official to behave dishonestly or in a biased way when they carry out their official duties.
      • Fraud: An intentional dishonest act or omission done with the knowledge of deceiving.
      • Senior Executive Responsible for Business Integrity Risk (SERBIR): A senior executive appointed by the Director-General, in to manage the integrity requirements under the Public Sector Management Standards 2006 (part 2.3).
      • Serious corrupt conduct: means corrupt conduct that is likely to threaten public confidence in the integrity of government of public administration .
      • Systemic corrupt conduct: means instances of corrupt conduct that reveal a pattern of corrupt conduct in one or more public sector entities .
   2. Legislation
      • Integrity Commission Act 2018
      • Public Interest Disclosure Act 2012
      • Public Sector Management Act 1994 (ACT) Part 2 of the PSM Act establishes the legal and ethical framework for the ACTPS. Section 9 articulates the expected conduct and behaviour of all employees.
      • Public Sector Management Standards 2016 Section 9
   3. Implementation Documents
      • Fraud and Corruption Reporting Procedure (682kb)
      • EDU Public Interest Disclosure Factsheet (178kb)
   4. Related Policies and Information
      • ACTPS Integrity Framework
      • ACTPS Integrity Governance Policy
      • ACTPS Code of Conduct
      • Code of Conduct for School Based Staff
      • Code of Conduct for Teachers, School Leaders and Principals
      • Conflict of Interest Policy

Policy Identifier: 00120 is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, available on the Directorate’s website at http://www.education.act.gov.au/publications_and_policies/school_and_corporate_policies/A-Z/.