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You are here: Home Investigating corruption What the CCC investigates Legal definition of corrupt conduct
You are here: Home Investigating corruption What the CCC investigates Legal definition of corrupt conduct
You are here: Home Investigating corruption What the CCC investigates Legal definition of corrupt conduct

Legal definition of corrupt conduct

Under section 15 of the Crime and Corruption Act 2001 corrupt conduct means conduct of a person, regardless of whether the person holds or held an appointment, that –

(a)    adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of –

(i) a unit of public administration; or

(ii) a person holding an appointment; and

(b) results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that –

(i) is not honest or is not impartial; or

(ii) involves a breach of the trust placed in a person holding an appointment either knowingly or recklessly; or

(iii) involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and

(c) is engaged in for the purpose of providing a benefit to the person or another person or causing a detriment to another person; and

(d) would, if proved, be –

(i) a criminal offence; or

(ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.

      Last updated: 09 April 2015
      Examples of corrupt conduct

      The CC Act provides examples of conduct that could be corrupt conduct, including:

      • abuse of public office
      • bribery, including bribery relating to an election
      • extortion
      • obtaining or offering a secret commission
      • fraud, stealing or forgery
      • perverting the course of justice
      • an offence relating to an electoral donation
      • loss of revenue of the state
      • sedition
      • homicide, serious assault or assault occasioning bodily harm or grievous bodily harm
      • obtaining a financial benefit from procuring prostitution or from unlawful prostitution engaged in by another person
      • illegal drug trafficking
      • illegal gambling.

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