A NSW Government website

NSW Government
Office of the Inspector of the
Independent Commission Against Corruption

Making a complaint

Where to complain

Complaints to the Inspector can be sent by:

Email: [email protected]
Post: PO Box 5341, Sydney NSW 2001

The Inspector’s Office may be called on (02) 9228 3023.

How to complain

Public officials may complain orally or in writing. Other complaints should preferably be made in writing.

A complaint can be made in writing

The Inspector’s Office may be called on (02) 9228 3023.

So that the Inspector can properly understand your complaint please give as much specific and detailed information as you can. It will be of assistance in dealing with your complaint if you provide the following information:

  • What is your complaint against the Independent Commission Against Corruption (the ICAC) and/ or its officers?
  • Do you believe that what is described in your complaint amounts to an abuse of power, impropriety, other forms of misconduct and/or maladministration?
  • When did the issues you complain of occur (Date/Year)?
  • What are the names of and positions held by the officers of the ICAC against whom you are complaining?
  • Is there a file number concerning any complaint that you made to the ICAC? If yes, please provide it.
  • What are the names and contact details of any witnesses who can give evidence to support your complaint?
  • Are there documents or video which supports your complaint and if so, can you send them or copies of them to the Inspector to examine?
  • Are you employed in the NSW public sector or any NSW local council?
  • Do you wish to keep your identity confidential from the ICAC or any other persons (and if so from whom) and why?

Can I make an anonymous complaint?

Yes, you can. Making an anonymous complaint means however that the Inspector will not be able to contact you to provide information about the progress of the complaint. In some instances it may be difficult to investigate certain aspects of an anonymous complaint. For example, where information needs to be verified with the complainant or further information is required from the complainant, in order to investigate further.

What kind of complaints can the Inspector deal with?

The Inspector can deal with (by reports and recommendations to parliament) complaints of abuse of power, impropriety and other forms of misconduct on the part of the ICAC or officers of the ICAC; and deal with (by reports and recommendations) conduct amounting to maladministration (including, without limitation, delay in the conduct of investigations and unreasonable invasions of privacy) by the ICAC or officers of the ICAC. Under the ICAC Act maladministration is defined as action or inaction of a serious nature that is contrary to law, or unreasonable, unjust, oppressive or improperly discriminatory, or based wholly or partly on improper motives.

What kind of complaints are outside the Inspector’s jurisdiction?

The Inspector cannot deal with the conduct of public agencies or public officials outside that of the ICAC, for example, employees of the Department of Community Justice, the police, local council employees, Councillors and Members of Parliament. The Inspector may deal with the conduct of any former officer of the ICAC, even if that person is now employed somewhere else. However, the Inspector can only deal with complaints about conduct when that person was an officer of ICAC.

The Inspector cannot review ICAC’s decision either to investigate or not investigate a complaint unless the decision by ICAC relates to misconduct or impropriety or maladministration on the part of it or any of its officers. The Inspector has no power to consider the merits of any action or recommendation of ICAC unless it relates to misconduct, impropriety, or maladministration.

What if I fear being victimised?

If you are a current NSW public official the Inspector is required to assess your complaint to determine whether it is a public interest disclosure within the meaning of the Public Interest Disclosures Act 2022 (PID Act). If it is determined that you have made a public interest disclosure, certain protections will apply and your complaint will be handled in accordance with the Office’s Public Interest Disclosure Policy (PDF) 384 KB .

If you consider you have been victimised as a result of making a complaint to the Inspector, you should inform her Office.

What if I am unhappy with the Inspector’s decision?

There is no review body or person to whom you can complain about the Inspector’s decision concerning your complaint.

The Parliamentary Committee on the ICAC is responsible for ensuring that the Inspector carries out her role and functions properly. It does not, however, have power to review individual complaints about which the Inspector has made a decision.

The Inspector cannot be required to investigate or take any other action in relation to a complaint received. The Inspector also cannot be required to review a decision that she has made about a complaint.

While the Inspector cannot be required to do so, as a matter of policy, a request to review a decision will be considered. However, a review will only be done if the person requesting it indicates clearly how or why the Inspector’s decision was wrong or unreasonable and/or provides new information of substance that is relevant to the decision to be reviewed.

On occasions, complainants continue to send correspondence to the OIICAC after the Inspector has determined their complaint and/or a request for review in relation to it. Such correspondence is read. However, if it does not provide new information or seek to make a fresh complaint about a matter not already dealt with, the Inspector may determine that any future correspondence of that kind will be filed without a response. If such a determination is made, the Inspector will notify the complainant.

How does the Inspector deal with complaints?

The Inspector deals with complaints in accordance with her Complaints Handling Policy (PDF) 320 KB .