Review of Victoria's integrity and anti-corruption system - IPAA Victoria

2.1.2 misconductMisconduct is more serious than maladministration. There is an additional level of recklessness orintent beyond maladministration – misconduct is more than not paying attention or exercising duediligence. It can involve breaches of codes of conduct and there may be an element of dishonestyinvolved. Sanctions can include demotion, removal of privileges or removal of the person from theposition. In Victoria, misconduct in public office is a common law offence. Details about theelements of this offence and other definitions of misconduct in Victorian statutes can be found inAppendix E.2.1.3 corruptionCorruption goes beyond misconduct and involves different forms of the ‘misuse of power or themisuse of office’. In its widely used definition, the World Bank also adds the element of personalgain, describing corruption as ‘the abuse of public power for private benefit’. 10 The preciseboundaries of corruption are difficult to define but the term is usually used to describe seriouswrongdoing such as bribery, embezzlement, fraud and extortion. Typically, corruption underminespublic trust, has a major impact on an organisation’s reputation and has serious implications for anindividual’s future employability or electability. Sanctions for corruption generally involve terminationof employment and possible penalties arising from a successful criminal prosecution.2.2 why integrity is importantThe public is entitled to expect that public officials will act with integrity and that corruption ormisconduct is identified and addressed. Citizens expect public officials to uphold values such ashonesty and truthfulness and to act in the public’s interest in performing their duties. Fair, reliableand systematic decision-making in public services engenders public trust and creates a levelplaying field for interactions with public agencies. Integrity is necessary for government to belegitimate, trusted and effective and is thus a key element of good governance. 11In contrast, maladministration, misconduct and corruption can be seen as a systemic failure inpublic administration and an indication of poor governance. This lack of integrity can have asignificant negative impact on public perceptions and public trust in decision making by publicofficials.2.3 what is an integrity and anti-corruptionsystem?An integrity system is a series of institutions and practices that, collectively, aim to build integrity,transparency and accountability in the public sector. The system is a mix of institutions, laws,regulations, codes, policies and procedures that provide a framework of checks and balances, tofoster an environment of high quality decision making, and to identify and address inappropriatebehaviour including corruption. 12The system’s role is to promote high standards of integrity throughout the public sector as well asto identify, investigate and respond to maladministration, misconduct, and corruption. Keyfunctions of integrity and anti-corruption systems include:10Kaufman, D 1997, Corruption: The facts, World Bank working paper, viewed 2 February 2010, .11OECD 2009, OECD: Integrity framework, viewed 15 March 2010, .12Pope, J 2000, TI Sourcebook 2000. Confronting corruption: The elements of a national integrity system, TransparencyInternational, Berlin.4 | Review of Victoria’s integrity and anti-corruption system