At the Council meeting on 13 August, Councillor Jodi Keast tabled a letter from The Hon. John Hatzistergos AM, Chief Commissioner of the Independent Commission Against Corruption (ICAC), who had written to registered local government candidates and political parties regarding integrity issues.

Keast felt that it was “a good read” and important to table, since it referred to the misuse of ICAC by making unfounded corruption allegations against political rivals, a tactic he described as 'weaponising' the Commission.

Keast read out some of the comments that Hatzistergos highlighted in his 8 August letter, including that during past campaigns individuals have exploited the Commission by lodging baseless allegations of corruption to damage the reputations of their opponents.

“These allegations may be accompanied by public statements that the matter has been referred to the Commission. 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,” he stated.

The Commissioner condemned the use of the Commission for political gain, emphasising that such actions are inappropriate and particularly problematic during election campaigns. He explained that this behaviour leaves the Commission with insufficient time to properly assess and investigate allegations, which could ultimately jeopardise the integrity of potential investigations where evidence may be destroyed. "Timely and unpublicised reporting assists the Commission to deal effectively with an allegation," Hatzistergos added.

The Commissioner also indicated that while the ICAC typically refrains from confirming or denying the existence of any investigation, if it becomes clear that its functions are being manipulated for political purposes, the Commission may decide that it is in the public interest to clarify its involvement in a matter.

The correct procedure is that if any person holds a genuine suspicion of corrupt conduct, it should be reported to the Commission in the usual manner. Reporting suspected corruption allegations to the Commission, actively contributes to a NSW public sector that is more resistant to corruption.

Ongoing obligations for councillors and candidates

As the local government elections approach, sitting councillors and candidates must be mindful of their legal and ethical obligations, particularly during the caretaker period from August 16 to September 3.

For councillors:

●       During the caretaker period, certain council functions are restricted, including entering into significant contracts, deciding on controversial development applications, and the appointment or removal of the general manager. Councillors must adhere to these restrictions.

●       Councillors with access to confidential or commercial-in-confidence information must not misuse this knowledge for personal gain, whether they are leaving office or seeking re-election.

●       All councillors, including those campaigning for re-election, are required to disclose their pecuniary and non-pecuniary interests, even as they transition out of office. Failure to do so may result in breaches of the code of conduct and could constitute corrupt conduct.

For candidates:

●       Candidates should be aware that councillors are prohibited from voting on matters where their reportable donors have a vested interest. This rule, outlined in each council’s code of conduct, ensures that councillors are not improperly influenced by their donors.

●       Misuse of council resources, including staff and facilities, for election campaigning or private purposes is strictly forbidden.

●       Upon election, councillors become public officials and must act in the public interest, which involves disclosing details of their income, assets, and other financial interests through regular pecuniary interest returns. These disclosures are public documents and play a key role in managing conflicts of interest.

The key takeaways are: (a) that registered candidates must adhere to strict guidelines concerning campaigning, political donations, and electoral expenditure. The NSW Electoral Commission offers comprehensive guidance to help candidates meet these obligations, and (b) that all candidates, whether running for the first time or seeking re-election, should uphold the highest standards of integrity and avoid any actions that could be perceived as circumventing electoral funding laws or engaging in improper conduct related to political donations.

Hatzistergos reiterates that the Commission takes a proactive approach to the education of elected officials and encourages councils to reach out to the Commission to discuss training opportunities for their councillors.” He affirms, “The Commission would be happy to work with NSW local councils to uplift their education programs.”