1.0 Making a Report/Complaint
Anyone who reasonably believes or suspects that there has been an act of corruption in breach of the Anti-Corruption Act (2019 Revision) (as amended) (the “Act”), should report the matter to the Anti-Corruption Commission (the “Commission”). Reports/complaints should be made as soon as reasonably practicable after becoming aware of the conduct in question.
Reports may be made anonymously, but for several practical reasons that is discouraged unless absolutely necessary.
2.0 Submission of Reports/Complaints
To report an alleged act of corruption:
In cases where the complainant considers the alleged act of corruption to be urgent, direct contact should be made with the Senior Investigating Officer (the “SIO”) to expedite the report process. To arrange a meeting with the SIO:
Should any member of the Commission receive a report/complaint it will be forwarded forthwith to the SIO.
Members of the public making reports/complaints are encouraged to use the Report/Complaint Form whenever possible. The SIO, or any member of the Commission, receiving a verbal report/complaint by telephone call or otherwise should also complete the Report/Complaint Form (or a functionally equivalent written document containing all material facts) and submit it to the Commission.
3.0 Protection of Providers of Information
The Commission will make every effort to protect, as far as legally possible, the identity of those providing information to the Commission. The Commission will encourage a caller, if information is provided verbally, to identify himself or herself and provide contact details, as it is may be necessary in the future to seek additional information or clarification of information received. Information provided by a caller in such a manner will also be submitted to the Commission in the Report/Complaint Form completed by the SIO.
4.0 Reports/Complaints Procedure
4.1 Receipt and Recording of Reports/Complaints
Upon the receipt of a report/complaint, the Secretariat will assign the report/complaint a case number and record the same, including the time, place and manner in which the report/complaint was received.
4.2 Urgent Reports/Complaints
If urgent action appears necessary to the person making the report/complaint, this should be made clear in the report/complaint.
A report/complaint will be considered urgent by the SIO if it requires, or may require, immediate action in order to detect, prevent or otherwise deal with an alleged offence.
When an urgent report/complaint is received, the Report/Complaint Form shall be submitted to the Commission forthwith, with a summary (as set out in Appendix 2 of the ACC Corruption Report – Complaints Procedure) (the “Summary”) and any information relating to the degree of urgency and risk (if any) noted therein.
If the report/complaint is considered urgent, the Commission may authorise an investigating officer to take immediate appropriate action, as required or permitted under the Act, to deal expeditiously with the matter as described in sections 5.0.1, 5.0.5 and 6 below.
4.3 Non-urgent Reports/Complaints
When a non-urgent report/complaint is received, the SIO shall place the matter on the next Commission meeting agenda along with the completed Report/Complaint Form and Summary.
5.0 Initial Assessment
In all cases, an initial assessment will be made by the Commission to determine whether the report/complaint (either individually or when combined with other reports/complaints or information received) discloses a potential offence under the Act and/or a related offence as provided under the Act, or whether further information is required.
Following the initial assessment, a report/complaint will be dealt with as follows:
The Commission has discretion whether to inform the maker of a report/complaint that any action is (or is not) to be taken in relation to their report/complaint. However, the Commission’s policy is to inform any identifiable maker of a report/complaint of its decision, and to give brief reasons, unless the Commission considers there is good reason not to.
It is also within the absolute discretion of the Commission whether or not to inform a person that they have been the subject of a report/complaint (and of its decision whether to take any action with respect to any such report/complaint).
The Commission will not disclose the identity of any person making a report/complaint unless required to do so by law.
6.0 Investigations Procedure - Suspected Corruption/Related Offences
6.1 Procedure following decision
Where a decision has been taken by the Commission that a report/complaint falls into section 5.0.1 above, the Commission shall direct an investigating officer to carry out an investigation into the matter.
6.2 Powers of investigators and legal advice
The investigators may seek to clarify issues by gathering further information, and by utilising all their powers under the Act and under the Criminal Procedure Code. Additionally, legal advice may be sought from the Office of the Director of Public Prosecutions in the course of an investigation. Investigators have powers of arrest, powers of search upon arrest and the power (exercisable with the approval of the Court) to obtain search warrants/production orders to obtain evidence or information.
7.0 Referral to the Director of Public Prosecutions
The Commission will refer the results of its investigations to the Office of the DPP for disposition, where it appears that behaviour amounting to an offence under the Act, or any other offence, has been committed. This will include all relevant information and evidence known to the investigators.
8.0 Records
The Commission will keep records of all aspects of the investigation. These records will be kept confidential, except when otherwise required or permitted by law or any competent court. The Commission is obliged by Section 4(2)(d) of the Act to retain records of all information received or disseminated by it and any agreements entered into by it pursuant to that section for a minimum of five years.
Download the respective documents below:
ACC Corruption/Complaint Form