Australia's international anti-corruption obligations
The United Nations Convention against Corruption (UNCAC) is an important mechanism in combating corruption.
UNCAC is the first binding global instrument on corruption. The United Nations General Assembly adopted the UNCAC by resolution 58/4 in October 2003, and it entered into force on 14 December 2005. Australia signed UNCAC on 9 December 2003 and ratified it on 7 December 2005. Since then Australia has implemented the mandatory requirements, and some non mandatory requirements, prescribed in the Articles of UNCAC.
UNCAC establishes detailed mechanisms for the prevention and criminalisation of corruption, as well as international cooperation and asset recovery.
UNCAC requires Parties to develop anti-corruption policies, establish bodies to prevent corruption, regulate the recruitment and conduct of public servants, and promote accountability and transparency in public finance. Parties to the Convention must also take steps to prevent corruption in the private sector.
Australia meets its obligations under UNCAC through a combination of:
- Commonwealth Legislation such as the Criminal Code Act 1995, Public Service Act 1999, Commonwealth Electoral Act 1918, Financial Management and Accountability Act 1997, Freedom of Information Act 1982, Corporations Act 2001, Proceeds of Crime Act 2002 and the Mutual Assistance in Criminal Matters Act 1987
- the work of various Government bodies such as the Attorney-General’s Department, Australian Federal Police, Australian Crime Commission, Australian Securities and Investment Commission, Australian Public Service Commission and the Australian Transaction Reports and Analysis Centre
- procedural safeguards, auditing government agencies by the Australian National Audit Office and public budget statements
- self regulation, the Australian Stock Exchange’s voluntary Corporate Governance Guidelines, and
- cooperation with regional and international authorities.
Australia views the implementation of UNCAC as an important international mechanism in the fight against corruption. Australia encourages countries to effectively ratify UNCAC, implementing all of the mandatory obligations under the Convention.
Australia has a number of obligations under the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, including criminalising bribery of foreign public officials. In 1999, Australia amended the Criminal Code to establish an offence for offering or providing any undue benefit to a foreign public official to obtain or retain a business advantage. In 2003 Australia embarked on a campaign to raise public awareness of the foreign bribery offence and the consequences and potential penalties associated with bribery. The campaign also encouraged support for anti-bribery efforts in Australia's public and private sectors. A detailed report on steps Australia has taken to implement the OECD Foreign Bribery Convention.
The OECD Foreign Bribery Convention is handled by the Funding and Assets of Crime Section of the Attorney-General’s Department.