{"id":"F2023L00759","name":"National Anti-Corruption Commission Regulations 2023","slug":"national-anti-corruption-commission-regulations-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441930,"registerId":"F2023L00759-fast-fetch-1775957090709","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Anti-Corruption Commission Regulations 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nNational Anti‑Corruption Commission Regulations 2023\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 8 June 2023\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nMark Dreyfus KC\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Allowances for travelling and other expenses for witnesses\n\n5 Purpose of this Part\n\n6 Allowance for travel\n\n7 Allowance for accommodation and meals\n\n8 No allowances payable where costs are met by the NACC\n\nPart 3—Legal aid officers\n\n9 Purpose of this Part\n\n10 Legal aid officers—certain staff members of agencies that provide financial assistance under this instrument\n\n11 Legal aid officers—certain staff members of agencies that provide other financial assistance\n\nPart 4—Financial assistance (general)\n\n12 Purpose of this Part\n\n13 Financial assistance for representation at hearing by legal practitioner\n\n14 Financial assistance for applications for administrative review\n\n15 Conditions on financial assistance\n\nPart 5—Financial assistance for parliamentarians\n\n16 Purpose of this Part\n\n17 Eligible matter\n\n18 Application for financial assistance\n\n19 Approving official\n\n20 Financial assistance to an applicant\n\n21 General conditions\n\n22 Other conditions—recovery of costs etc.\n\n23 Ineligibility for financial assistance—false or misleading application\n\n24 Monitoring\n\n25 Reporting\n\nPart 6—Annual report by Commissioner\n\n26 Purpose of this Part\n\n27 Particulars about corruption issues referred to the Commissioner\n\n28 Particulars about corruption issues dealt with by the Commissioner\n\n29 Particulars about corruption investigations\n\n30 Particulars about corruption issues referred to Commonwealth agencies for investigation\n\n31 Particulars about public inquiries\n\n32 Particulars about certificates\n\nPart 7—Annual report by Inspector\n\n33 Purpose of this Part\n\n34 Information about referrals and complaints\n\n35 Information about NACC corruption issues dealt with by the Inspector\n\n36 Information about NACC corruption investigations\n\n37 Information about complaint investigations\n\n38 Information about audits by the Inspector\n\n39 Information about judicial review and other court proceedings\n\n40 Information about certificates\n\n41 Financial information\n\nPart 8—Delegation\n\n42 Delegation by the Attorney‑General of certain functions, powers and duties under this instrument\n\n43 Delegation by the Secretary of certain functions, powers and duties under this instrument\n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the National Anti-Corruption Commission Regulations 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2023. 1 July 2023\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the National Anti‑Corruption Commission Act 2022.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Commissioner;\n\n(b) Commonwealth agency;\n\n(c) corruption investigation;\n\n(d) corruption issue;\n\n(e) Inspector;\n\n(f) NACC Act process;\n\n(g) NACC complaint investigation;\n\n(h) NACC corruption issue;\n\n(i) parliamentarian;\n\n(j) staff member.\n\n  In this instrument:\n\nAct means the National Anti‑Corruption Commission Act 2022.\n\nagency maladministration has the same meaning as in section 184 of the Act.\n\napproving official for an application under section 18: see section 19.\n\nCommissioner’s annual report for a financial year: see section 26.\n\neligible matter: see section 17.\n\nFinance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\nInspector’s annual report for a financial year: see section 33.\n\nofficer misconduct has the same meaning as in section 184 of the Act.\n\nofficial travel determination means the Remuneration Tribunal (Official Travel) Determination 2022, as in force on 1 July 2023.\n\nSecretary means the Secretary of the Attorney‑General’s Department.\n\nPart 2—Allowances for travelling and other expenses for witnesses\n\n \n\n5  Purpose of this Part\n\n  For the purposes of section 93 of the Act, this Part prescribes allowances for travelling and other expenses that a witness appearing at a hearing is entitled to be paid by the Commonwealth.\n\nNote: This Part applies to a witness appearing at a hearing regardless of whether the witness is summoned to attend the hearing.\n\n6  Allowance for travel\n\n (1) A witness appearing at a hearing is entitled to be paid the expenses of travel that the witness needs to undertake in order to appear, up to the maximum travel allowance worked out under subsection (2).\n\n (2) For the purposes of this section, the maximum travel allowance is the cost of the most economical form of transport that is reasonable, having regard to the following:\n\n (a) the distance required to be travelled;\n\n (b) the time spent travelling;\n\n (c) the forms of transport reasonably available to the witness for the purpose of the travel;\n\n (d) the directness and practicality of the route;\n\n (e) the safety of the witness;\n\n (f) any need to maintain the confidentiality of the hearing;\n\n (g) any reasonable adjustments that may be required to accommodate the health or disability requirements of the witness.\n\nApplication for allowance\n\n (3) A witness who is entitled to be paid expenses under subsection (1) may apply to the NACC for the payment of the expenses.\n\n (4) The application must include the following:\n\n (a) evidence that the travel was or will be undertaken for the purposes of appearing as a witness at the hearing;\n\n (b) evidence of the expenses incurred or likely to be incurred by the witness;\n\n (c) evidence as to why a particular mode of transport was or is required;\n\n (d) evidence of any health or disability requirements, or adjustments required to accommodate those requirements, that affected, or will affect, the cost of the travel.\n\n (5) The application may be granted by a person (the decision‑maker) who is any of the following:\n\n (a) the CEO;\n\n (b) a staff member of the NACC who is an APS employee and:\n\n (i) an SES employee; or\n\n (ii) an acting SES employee; or\n\n (iii) classified as Executive Level 2 or equivalent, or higher; or\n\n (iv) acting in a position usually occupied by an APS employee who is so classified.\n\n (6) The decision‑maker may grant the application only if the decision‑maker is satisfied that the application complies with subsection (4).\n\n (7) If the decision‑maker grants the application, but is not satisfied that the expenses applied for are equal to or less than the maximum travel allowance, the decision‑maker must reduce the amount payable to the witness to the amount of the maximum travel allowance.\n\n (8) If the application is granted, allowance is payable in accordance with the grant, subject to this instrument.\n\n7  Allowance for accommodation and meals\n\n (1) A witness appearing at a hearing who:\n\n (a) in order to appear as a witness at the hearing, needs to travel with one or more overnight absences; and\n\n (b) stays in commercial accommodation for at least one of those overnight absences;\n\nis entitled to be paid, for each overnight absence that the witness stays in commercial accommodation, the expenses that the witness incurs or is likely to incur for accommodation and meals, up to the maximum accommodation and meals allowance worked out under subsection (2).\n\n (2) For the purposes of this section, the maximum accommodation and meals allowance for an overnight absence is the rate set out in Table 6A or 6B of the official travel determination for a tier 3 office holder who undertakes the same travel as the witness.\n\n (3) No expenses are payable under this section in relation to travel that does not require an overnight absence.\n\nApplication for allowance\n\n (4) A witness who is entitled to be paid expenses under subsection (1) may apply to the NACC for the payment of the expenses.\n\n (5) The application must include the following:\n\n (a) evidence that the witness was or will be absent overnight in order to appear as a witness at the hearing;\n\n (b) evidence of the expenses incurred or likely to be incurred by the witness.\n\n (6) The application may be granted by a person (the decision‑maker) who is any of the following:\n\n (a) the CEO;\n\n (b) a staff member of the NACC who is an APS employee and:\n\n (i) an SES employee; or\n\n (ii) an acting SES employee; or\n\n (iii) classified as Executive Level 2 or equivalent, or higher; or\n\n (iv) acting in a position usually occupied by an APS employee who is so classified.\n\n (7) The decision‑maker may grant the application only if the decision‑maker is satisfied that the application complies with subsection (5).\n\n (8) If the decision‑maker grants the application, but is not satisfied that the expenses applied for are equal to or less than the maximum accommodation and meals allowance, the decision‑maker must reduce the amount payable to the witness to the amount of the maximum accommodation and meals allowance.\n\n (9) If the application is granted, allowance is payable in accordance with the grant, subject to this instrument.\n\n8  No allowances payable where costs are met by the NACC\n\n  Despite anything else in this Part, no amounts are payable under this Part to a witness appearing at a hearing if the NACC meets some or all of the travelling, accommodation or meal expenses of the witness for the hearing.\n\nPart 3—Legal aid officers\n\n \n\n9  Purpose of this Part\n\n  The purpose of this Part is to prescribe, for the purposes of paragraph 98(5)(b) of the Act, classes of persons who are legal aid officers for the purposes of the Act.\n\n10  Legal aid officers—certain staff members of agencies that provide financial assistance under this instrument\n\n (1) For the purposes of paragraph 98(5)(b) of the Act, the class of persons set out in subsection (2) of this section is prescribed.\n\n (2) For subsection (1), the class of persons consists of staff members of a Commonwealth agency who:\n\n (a) are responsible for receiving applications for financial assistance made under Part 4 or 5 of this instrument; or\n\n (b) are involved in assessing or making decisions in relation to such applications.\n\n11  Legal aid officers—certain staff members of agencies that provide other financial assistance\n\n (1) For the purposes of paragraph 98(5)(b) of the Act, the class of persons set out in subsection (2) of this section is prescribed.\n\n (2) For subsection (1), the class of persons consists of staff members of a Commonwealth agency (other than a parliamentary office), that is responsible for providing financial assistance for legal expenses in relation to a matter arising under the Act, who:\n\n (a) are responsible for receiving applications for financial assistance for legal expenses in relation to matters arising under the Act; or\n\n (b) are involved in assessing or making decisions in relation to such applications.\n\nPart 4—Financial assistance (general)\n\n \n\n12  Purpose of this Part\n\n  The purpose of this Part is to prescribe, for the purposes of paragraph 280(2)(a) of the Act, arrangements for the Commonwealth to provide financial assistance in respect of the following:\n\n (a) a person’s representation at a hearing by a legal practitioner;\n\n (b) an application, or proposed application, to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under the Act.\n\n13  Financial assistance for representation at hearing by legal practitioner\n\n (1) A person who is summoned to attend a hearing may apply to the Attorney‑General for financial assistance in respect of the person’s representation at the hearing by a legal practitioner.\n\n (2) A person who:\n\n (a) is not giving evidence at a hearing; and\n\n (b) is being represented at the hearing by a legal practitioner with the consent of the Commissioner;\n\nmay apply to the Attorney‑General for financial assistance in respect of that representation.\n\n (3) If a person applies under subsection (1) or (2), the Attorney‑General may, if the Attorney‑General is satisfied that:\n\n (a) refusing the application would result in serious financial difficulty for the person; or\n\n (b) the circumstances of the case are of such a special nature that the application should be granted;\n\nauthorise the Commonwealth to provide the person with financial assistance, determined by the Attorney‑General, in respect of the person’s representation at the hearing by a legal practitioner.\n\n (4) Financial assistance is payable in accordance with the authorisation, subject to this instrument.\n\n14  Financial assistance for applications for administrative review\n\n (1) A person who has applied, or proposes to apply, to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under the Act may apply to the Attorney‑General for financial assistance in respect of the application or proposed application.\n\n (2) If a person applies under subsection (1), the Attorney‑General may, if the Attorney‑General is satisfied that:\n\n (a) refusing the application would result in serious financial difficulty for the person; or\n\n (b) the circumstances of the case are of such a special nature that the application should be granted;\n\nauthorise the Commonwealth to provide the person with financial assistance, determined by the Attorney‑General, in respect of the person’s application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), as the case may be.\n\n (3) Financial assistance is payable in accordance with the authorisation, subject to this instrument.\n\n15  Conditions on financial assistance\n\n  Financial assistance under this Part is provided to a person subject to any conditions determined by the Attorney‑General.\n\nPart 5—Financial assistance for parliamentarians\n\n \n\n16  Purpose of this Part\n\n  The purpose of this Part is to prescribe, for the purposes of paragraph 280(2)(a) of the Act, arrangements for the Commonwealth to provide financial assistance in respect of certain matters arising under, or in relation to, the Act to:\n\n (a) parliamentarians; and\n\n (b) former parliamentarians.\n\n17  Eligible matter\n\n  For the purposes of this instrument, an eligible matter is any of the following:\n\n (a) any matter arising under the Act, other than a prosecution for an offence against the Act;\n\n (b) an application that any person has made, or proposes to make, to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under the Act.\n\n18  Application for financial assistance\n\n  A parliamentarian or former parliamentarian may apply, in writing, to the Department for financial assistance under section 20 in relation to an eligible matter.\n\n19  Approving official\n\n (1) Subject to this section, the approving official for an application under section 18 is the Attorney‑General.\n\n (2) If an application is made to the Department under section 18:\n\n (a) the Secretary must give the Commissioner a copy of the application; and\n\n (b) the Commissioner may give the Secretary a certificate specifying any of the following as the approving official for the application:\n\n (i) the Secretary;\n\n (ii) the Prime Minister;\n\n (iii) the Finance Minister.\n\n (3) If the Commissioner gives the Secretary a certificate under paragraph (2)(b), the approving official for the application is the person specified in the certificate.\n\n20  Financial assistance to an applicant\n\n (1) Subject to this Part, the approving official may approve payment by the Commonwealth of the following:\n\n (a) the cost of an applicant’s legal representation in relation to an eligible matter;\n\n (b) disbursements in relation to an eligible matter;\n\n (c) costs awarded against an applicant in an eligible matter.\n\n (2) Before giving the approval, the approving official must:\n\n (a) be satisfied that:\n\n (i) the applicant’s involvement in the eligible matter arose only because the applicant is, or has been, a parliamentarian; or\n\n (ii) the eligible matter relates to the performance or non‑performance by the applicant of the applicant’s duties as a parliamentarian; and\n\n (b) be satisfied that it is appropriate to give financial assistance.\n\n (3) Financial assistance is payable in accordance with the approval, subject to this instrument.\n\n (4) The approving official may reduce the amount of financial assistance payable if the approving official is satisfied that the applicant has breached this instrument or a condition that the approval is subject to under section 21 or 22.\n\n (5) The approving official may defer making a decision whether to approve payment of financial assistance in whole or part until the eligible matter reaches a point at which the approving official considers it appropriate to make the decision.\n\n (6) Without limiting the matters the approving official may have regard to in deciding whether to give the approval, the approving official may have regard to whether there has been unreasonable delay in applying for financial assistance.\n\n21  General conditions\n\n (1) An approval under section 20 for the provision of financial assistance to an applicant may be subject to conditions imposed by the approving official at any time.\n\n (2) The costs of an applicant’s legal representation and disbursements will be paid only so far as they are certified by the Secretary to be reasonable.\n\n22  Other conditions—recovery of costs etc.\n\nRecovery of costs\n\n (1) An approval under section 20 for the provision of financial assistance to an applicant is subject to the condition that, if an award of costs is made in the applicant’s favour in an eligible matter, the person must take all steps directed by the Commonwealth to recover the costs and must pay to the Commonwealth any costs recovered.\n\n (2) The approval includes approval for the payment of the reasonable expense, certified by the Secretary, of the steps reasonably taken or directed to be taken by the applicant to recover those costs.\n\nRepayment of payment to ineligible applicant\n\n (3) An approval under section 20 for the provision of financial assistance to an applicant is subject to the condition that the applicant must repay the financial assistance to the Commonwealth if the applicant is not eligible to receive the financial assistance because of section 23.\n\nGeneral conditions not limited\n\n (4) This section does not limit the conditions that may be imposed on an approval under section 21.\n\n23  Ineligibility for financial assistance—false or misleading application\n\n  Despite anything in this Part, a person is not eligible to receive financial assistance under section 20 as a result of an application under section 18 if the application included information that the person knew to be false or misleading in a material particular.\n\n24  Monitoring\n\n  The Secretary must:\n\n (a) monitor strategies adopted by an applicant in eligible matters for which financial assistance under this Part has been approved; and\n\n (b) unless the approving official is the Secretary—inform the approving official if the Secretary considers that proposed expenditure on the eligible matters is unreasonable.\n\n25  Reporting\n\n (1) Subject to this section, the Attorney‑General must:\n\n (a) inform each House of the Parliament of each decision to pay financial assistance under this Part, including reasons for the decision and any limits on expenditure, as soon as possible; and\n\n (b) within 3 months after the end of each financial year, table in each House of the Parliament a consolidated statement of expenditure under this Part for that year specifying the expenditure for each matter.\n\nInformation that may compromise a NACC Act process\n\n (2) The Attorney‑General:\n\n (a) must, before disclosing information to the Parliament under paragraph (1)(a), consult the Commissioner and the Inspector about whether disclosing the information may compromise a NACC Act process; and\n\n (b) if the Commissioner or the Inspector considers that disclosing particular information may compromise a NACC Act process—must not disclose that information to the Parliament under paragraph (1)(a).\n\n (3) The Attorney‑General:\n\n (a) must, before tabling a statement under paragraph (1)(b), consult the Commissioner and the Inspector about whether disclosing any of the information to be included in the statement may compromise a NACC Act process; and\n\n (b) if the Commissioner or the Inspector considers that disclosing any of that information may compromise a NACC Act process—must exclude that information from the statement before tabling it.\n\nInformation that would no longer compromise a NACC Act process\n\n (4) If:\n\n (a) particular information was not disclosed to the Parliament under paragraph (1)(a), or was excluded from a statement tabled under paragraph (1)(b), because:\n\n (i) either the Commissioner or the Inspector (the relevant official); or\n\n (ii) both the Commissioner and the Inspector (the relevant officials);\n\n  considered that disclosing the information may compromise a NACC Act process; and\n\n (b) the relevant official or the relevant officials, as the case requires, no longer consider that disclosing the information may compromise a NACC Act process;\n\nthen:\n\n (c) the relevant official or the relevant officials, as the case requires, must inform the Attorney‑General that the relevant official or the relevant officials no longer consider that disclosing the information may compromise a NACC Act process; and\n\n (d) the Attorney‑General must:\n\n (i) give the information to each House of the Parliament as soon as possible after being so informed; and\n\n (ii) if the information is information relating to expenditure that was excluded from a statement tabled under paragraph (1)(b)—include the information in the next consolidated statement tabled under paragraph (1)(b), which must specify the financial year in which the expenditure occurred.\n\nPart 6—Annual report by Commissioner\n\n \n\n26  Purpose of this Part\n\n  The purpose of this Part is to prescribe, for the purposes of paragraph 271(2)(a) of the Act, particulars that must be included in the annual report on the performance of the Commissioner’s functions during a financial year (the Commissioner’s annual report for the financial year).\n\nNote: Some information must be excluded from the Commissioner’s annual report (see section 272 of the Act).\n\n27  Particulars about corruption issues referred to the Commissioner\n\n  For the purposes of subparagraph 271(2)(a)(i) of the Act, the Commissioner’s annual report for a financial year must include the following:\n\n (a) the number of corruption issues referred to the Commissioner under Division 1 (voluntary referrals) of Part 5 of the Act during the financial year;\n\n (b) the number of corruption issues referred to the Commissioner under Division 2 (mandatory referrals) of Part 5 of the Act during the financial year.\n\n28  Particulars about corruption issues dealt with by the Commissioner\n\nTotal number of corruption issues dealt with by the Commissioner\n\n (1) For the purposes of subparagraph 271(2)(a)(ii) of the Act, the Commissioner’s annual report for a financial year must include the number of corruption issues that the Commissioner dealt with under Division 1 of Part 6 of the Act during the financial year.\n\nCorruption issues dealt with under particular provisions\n\n (2) For the purposes of subparagraph 271(2)(a)(ii) of the Act, the Commissioner’s annual report for a financial year must include the following:\n\n (a) the number of corruption issues that the Commissioner investigated, as mentioned in paragraph 41(1)(a) of the Act, during the financial year;\n\n (b) the number of corruption issues that the Commissioner investigated jointly with a Commonwealth agency or a State or Territory government entity, as mentioned in paragraph 41(1)(b) of the Act, during the financial year;\n\n (c) the number of corruption issues that the Commissioner referred to a Commonwealth agency for investigation, as mentioned in paragraph 41(1)(c) of the Act, during the financial year;\n\n (d) the number of corruption issues that the Commissioner referred to a Commonwealth agency or a State or Territory government entity for consideration, as mentioned in paragraph 41(1)(d) of the Act, during the financial year;\n\n (e) the number of corruption issues in relation to which the Commissioner decided, during the financial year, to take no action, as mentioned in subsection 41(6) of the Act.\n\n29  Particulars about corruption investigations\n\n  For the purposes of subparagraph 271(2)(a)(iii) of the Act, the Commissioner’s annual report for a financial year must include the following:\n\n (a) the number of corruption investigations completed during the financial year;\n\n (b) the number of corruption investigations that were commenced during or before the financial year and, at the end of the financial year, had not been completed.\n\n30  Particulars about corruption issues referred to Commonwealth agencies for investigation\n\n  For the purposes of subparagraph 271(2)(a)(iv) of the Act, the Commissioner’s annual report for a financial year must include the following:\n\n (a) the number of corruption issues that the Commissioner referred to a Commonwealth agency for investigation, as mentioned in paragraph 41(1)(c) of the Act, during the financial year, where:\n\n (i) the Commonwealth agency investigated the corruption issue; and\n\n (ii) the Commissioner is aware that the investigation was completed during the financial year;\n\n (b) the number of corruption issues that the Commissioner referred to a Commonwealth agency for investigation, as mentioned in paragraph 41(1)(c) of the Act, during the financial year, where:\n\n (i) the Commonwealth agency investigated, or is investigating, the corruption issue; and\n\n (ii) the Commissioner oversaw, or is overseeing, the investigation under Division 2 of Part 6 of the Act.\n\n31  Particulars about public inquiries\n\n (1) For the purposes of subparagraph 271(2)(a)(v) of the Act, the Commissioner’s annual report for a financial year must include the following:\n\n (a) the number of public inquiries that were completed during the financial year;\n\n (b) the number of public inquiries that were commenced during or before the financial year and, at the end of the financial year, had not been completed.\n\n (2) The Commissioner’s annual report must include a description of the kinds of corruption risks, corruption vulnerabilities or measures to prevent corruption into which the public inquiry or inquiries were conducted.\n\n32  Particulars about certificates\n\n (1) For the purposes of subparagraph 271(2)(a)(vi) of the Act, the Commissioner’s annual report for a financial year must include the total number of certificates issued by the Attorney‑General under section 235 of the Act during the financial year.\n\n (2) For the purposes of subparagraph 271(2)(a)(vii) of the Act, the Commissioner’s annual report for a financial year must include the total number of international relations certificates issued by the Attorney‑General under section 236 of the Act during the financial year.\n\nPart 7—Annual report by Inspector\n\n \n\n33  Purpose of this Part\n\n  The purpose of this Part is to prescribe, for the purposes of subsection 198(3) of the Act, the information that must be included in the annual report relating to the performance of the Inspector’s functions during a financial year (the Inspector’s annual report for the financial year).\n\nNote: Some information must be excluded from the Inspector’s annual report (see section 199 of the Act).\n\n34  Information about referrals and complaints\n\n  The Inspector’s annual report for a financial year must include the following:\n\n (a) the number of NACC corruption issues referred to the Inspector under section 202 (voluntary referrals) of the Act during the financial year;\n\n (b) the number of NACC corruption issues referred to the Inspector under section 203 or 204 (mandatory referrals) of the Act during the financial year;\n\n (c) the number of complaints of agency maladministration or officer misconduct received by the Inspector during the financial year in relation to the conduct or activities of:\n\n (i) the NACC; or\n\n (ii) a staff member of the NACC.\n\n35  Information about NACC corruption issues dealt with by the Inspector\n\nTotal number of NACC corruption issues dealt with by the Inspector\n\n (1) The Inspector’s annual report for a financial year must include the number of NACC corruption issues that the Inspector dealt with under Subdivision C of Division 3 of Part 10 of the Act during the financial year.\n\nNACC corruption issues dealt with under particular provisions\n\n (2) The Inspector’s annual report for a financial year must include the following:\n\n (a) the number of NACC corruption issues that the Inspector investigated, as mentioned in paragraph 210(1)(a) of the Act, during the financial year;\n\n (b) the number of NACC corruption issues that the Inspector investigated jointly with a Commonwealth agency, the NACC or a State or Territory government entity, as mentioned in paragraph 210(1)(b) of the Act, during the financial year;\n\n (c) the number of NACC corruption issues that the Inspector referred to the NACC for investigation, as mentioned in paragraph 210(1)(c) of the Act, during the financial year;\n\n (d) the number of NACC corruption issues that the Inspector referred to a Commonwealth agency, the NACC or a State or Territory government entity for consideration, as mentioned in paragraph 210(1)(d) of the Act, during the financial year;\n\n (e) the number of NACC corruption issues in relation to which the Inspector decided, during the financial year, to take no action, as mentioned in subsection 210(6) of the Act.\n\n36  Information about NACC corruption investigations\n\n  The Inspector’s annual report for a financial year must include the following:\n\n (a) the number of NACC corruption investigations completed during the financial year;\n\n (b) the number of NACC corruption investigations that were commenced during or before the financial year and, at the end of the financial year, had not been completed.\n\n37  Information about complaint investigations\n\n (1) The Inspector’s annual report for a financial year must include the following:\n\n (a) the number of reportable complaint investigations that the Inspector completed during the financial year;\n\n (b) the number of reportable complaint investigations that were commenced during or before the financial year and, at the end of the financial year, had not been completed.\n\n (2) For the purposes of subsection (1), a reportable complaint investigation is a NACC complaint investigation into a complaint of agency maladministration or officer misconduct.\n\n38  Information about audits by the Inspector\n\n  If the Inspector completed one or more audits under paragraph 184(1)(f) of the Act during a financial year, the Inspector’s annual report for the financial year must include the following:\n\n (a) a description of the findings of the audits in relation to the NACC’s compliance with the laws of the Commonwealth;\n\n (b) a description of the kinds of agency maladministration and officer misconduct detected as a result of the audits (if any);\n\n (c) a description of the recommendations (if any) made to the NACC on the outcomes of the audits.\n\n39  Information about judicial review and other court proceedings\n\n  The Inspector’s annual report for a financial year must include details of the number and results of:\n\n (a) applications made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for orders of review in respect of matters arising under this Act in connection with the performance of functions or exercise of powers by the Inspector; and\n\n (b) other court proceedings involving the Inspector;\n\nbeing applications and proceedings that were determined, or otherwise disposed of, during the financial year.\n\n40  Information about certificates\n\n (1) The Inspector’s annual report for a financial year must include the total number of certificates issued by the Attorney‑General under section 235 of the Act during the financial year.\n\n (2) The Inspector’s annual report for a financial year must include the total number of international relations certificates issued by the Attorney‑General under section 236 of the Act during the financial year.\n\n41  Financial information\n\n  The Inspector’s annual report for a financial year must include the following:\n\n (a) the Inspector’s budgeted expenditure for the financial year;\n\n (b) the Inspector’s actual expenditure for the financial year;\n\n (c) for an Inspector’s annual report other than the first—a comparison of the Inspector’s budgeted and actual expenditure for the financial year with the Inspector’s budgeted and actual expenditure for the previous financial year.\n\nPart 8—Delegation\n\n \n\n42  Delegation by the Attorney‑General of certain functions, powers and duties under this instrument\n\n (1) The Attorney‑General may, in writing, delegate all or any of the Attorney‑General’s functions, powers or duties under Part 4 (financial assistance (general)) of this instrument to:\n\n (a) the Secretary; or\n\n (b) an APS employee in the Department who is:\n\n (i) an SES employee; or\n\n (ii) an acting SES employee; or\n\n (iii) classified as Executive Level 1 or equivalent, or higher; or\n\n (iv) acting in a position usually occupied by an APS employee who is so classified.\n\nNote: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing or exercising a function, power or duty delegated under subsection (1), the delegate must comply with any written directions of the Attorney‑General.\n\n43  Delegation by the Secretary of certain functions, powers and duties under this instrument\n\n (1) The Secretary may, in writing, delegate all or any of the Secretary’s functions, powers or duties under the following provisions of this instrument to an SES employee, or an acting SES employee, in the Department:\n\n (a) section 19 (not including any functions, powers or duties the Secretary has as an approving official);\n\n (b) sections 21, 22 and 24.\n\nNote: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing or exercising a function, power or duty delegated under subsection (1), the delegate must comply with any written directions of the Secretary.\n\n (3) To avoid doubt, this section does not limit section 277 of the Act.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These regulations principally operationalise and detail administrative procedures authorised by the National Anti‑Corruption Commission Act 2022 (witness allowances, who may handle financial‑assistance applications, eligibility and conditions for assistance, reporting requirements, and delegation mechanics). They do not expand the substantive reach of the Act or create new substantive powers beyond what the Act contemplates; rather, they fill in procedural, evidentiary and reporting detail required for implementation (see Parts 2–8)."},"complexity_factors":["8 substantive Parts with multiple sections and nested subsections","Cross‑references to the National Anti‑Corruption Commission Act 2022 throughout (definitions and substantive tests)","Discretionary decision points for multiple officials (Attorney‑General, Commissioner, Secretary, CEO, senior APS officers)","Delegation rules that permit multi‑layer delegation with direction requirements (ss 42–43)","Conditional financial assistance tests (hardship/special circumstances) and recovery rules (ss 13–15, 20–22)","Evidence and certification requirements for allowances and legal costs (ss 6(4)–(5), 7(4)–(6), 21(2))","Confidentiality carve‑outs affecting parliamentary reporting (s 25) introducing procedural checks","References to external instruments (Remuneration Tribunal Official Travel Determination) to calculate allowance caps (s 7(2))"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It implements administrative rules that sit below the National Anti‑Corruption Commission Act 2022 (the Act). Key functions are to: (a) prescribe witness travel, accommodation and meal allowances (Parts 2, ss 5–8); (b) identify which public‑service staff count as ‘legal aid officers’ for handling financial‑assistance applications (Part 3, ss 9–11); (c) set processes and decision‑makers for Commonwealth financial assistance for legal representation and judicial‑review applications (Part 4, ss 12–15); (d) set a separate application, approval and monitoring framework for financial assistance to current and former parliamentarians (Part 5, ss 16–25); (e) specify the data the Commissioner and the Inspector must include in their annual reports (Parts 6–7, ss 26–41); and (f) allow written delegations of particular functions by the Attorney‑General and the Secretary (Part 8, ss 42–43). The instrument commences 1 July 2023 (s 2).\n\n**Who is affected**\n\n- Witnesses who attend NACC hearings (ss 5–8): they can apply to the NACC for travel and overnight allowances; entitlement is capped by objective rules.  \n- Applicants for Commonwealth financial assistance for legal costs (ss 12–15): persons summoned to hearings, or persons represented with the Commissioner’s consent, and persons applying for judicial review may apply to the Attorney‑General for assistance.  \n- Parliamentarians and former parliamentarians (Part 5, ss 16–25): have a tailored application pathway and special approval rules for assistance in matters arising under the Act.  \n- Commonwealth agencies and specified staff (Parts 3 and 5): certain APS staff are prescribed as ‘legal aid officers’ (ss 9–11) and the Secretary has monitoring and certification roles (ss 21–25).  \n- The Commissioner and the Inspector (Parts 6–7): must report particular counts and descriptions in annual reports (ss 26–41).  \n- Decision‑makers: CEO or senior NACC APS employees decide allowance applications (ss 6(5), 7(6)); the Attorney‑General is the default approving official for parliamentarian assistance (s 19), but the Commissioner may certify the Secretary, Prime Minister or Finance Minister as the approving official (s 19(2)). Delegations are permitted (ss 42–43).\n\n**Why it matters (purpose claims and practical effects)**\n\n- Official purpose: to provide the procedural and financial detail needed to operate the NACC regime—by enabling witnesses to be reimbursed for necessary costs, prescribing who handles legal‑assistance applications, providing a path for legal assistance (including for parliamentarians), and ensuring transparency through specified reporting (see s 5; Part 4 purpose s 12; Part 5 purpose s 16; Parts 6–7 purposes ss 26, 33).\n\n- Costs and who pays: the Commonwealth (the Australian Government) funds the allowances and any authorised financial assistance (ss 6–7, 13–15, 20). Where the NACC already meets costs directly, the witness cannot claim under these Parts (s 8). If a costs award is later recovered by an assisted applicant, the approval is conditional on recovery being paid back to the Commonwealth (s 22(1)–(2)).\n\n- Decision authority and bureaucratic discretion: the instrument gives significant administrative discretion to the Attorney‑General (approvals, conditions—ss 13(3), 14(2), 15), to the Commissioner (may reassign who is the approving official for parliamentarian assistance—s 19(2)), to the Secretary (certifies reasonableness of costs—s 21(2); monitoring duties—s 24), and to senior NACC staff deciding allowance claims (ss 6(5), 7(6)). Delegations are expressly permitted (ss 42–43) and delegates must follow any written directions of the delegator.\n\n- Eligibility and conditionality: financial assistance has eligibility tests and conditions. For ordinary applicants, assistance requires a finding of serious financial hardship or special circumstances (ss 13(3), 14(2)). For parliamentarians, approval requires satisfaction that involvement arose from parliamentary status or duties and that assistance is appropriate; approvals can be subject to conditions and can be reduced for breach (ss 20(2), 21–22, 23). False or misleading applications disqualify applicants (s 23).\n\n- Transparency vs confidentiality trade‑off: the Attorney‑General must inform Parliament of decisions to pay financial assistance and table consolidated annual expenditure statements (s 25(1)). However, that disclosure is limited where the Commissioner or Inspector considers disclosure would compromise an NACC Act process; such information must be withheld until disclosure is no longer judged compromising (s 25(2)–(4)). This creates a procedural check between transparency obligations and protection of operational confidentiality.\n\n- Administrative and compliance burdens: applicants must provide documentary evidence (travel receipts, reasons, health/disability needs—ss 6(4), 7(5)); senior public‑service officers must assess reasonableness of legal costs (s 21(2)); the Secretary must monitor strategies and proposed expenditure (s 24). These provisions create measurable processing work for the Department and NACC.\n\n- Effects on private choice and markets: the rules reduce the private financial exposure of assisted individuals (including parliamentarians) to legal costs in NACC matters, which may affect their decision to engage lawyers or litigate. The Commonwealth’s payment role could shift some demand for legal services from private funding to government funding in these narrow settings (ss 13–15, 20). The regulations do not set fees for practitioners; they limit Commonwealth liability by requiring Secretary certification of reasonableness (s 21(2)).\n\n**Practical risks and trade‑offs to watch**\n\n- Concentrated benefits and moral hazard: financial assistance is tightly targeted (hardship or special circumstances for individuals; parliamentary nexus for parliamentarians—ss 13(3), 14(2), 20(2)); nevertheless, making government funds available for legal costs concentrates a benefit on recipients and could ease the choice to contest proceedings (s 20). Repayment and recovery provisions (s 22) limit, but do not eliminate, that risk.\n\n- Discretion and accountability: wide delegation and decision discretion (Attorney‑General, Commissioner certifications, Secretary’s monitoring, delegations ss 42–43) streamline administration but increase reliance on internal controls and record‑keeping to ensure consistent treatment and defensible decisions.\n\n- Implementation burden: evidence requirements for allowances and certification of reasonableness for legal costs create administrative workload for applicants, NACC staff, and Department officials (ss 6(4)–(5), 7(4)–(6), 21(2), 24). The confidentiality carve‑outs for parliamentary reporting (s 25) add procedural complexity when deciding what can be disclosed.\n\n**Concrete behaviour changes induced by the instrument**\n\n- Witnesses are more likely to attend hearings where travel/accommodation costs would otherwise be a barrier because those costs can be reimbursed subject to caps and evidence (ss 6–7).  \n- Individuals facing NACC processes can apply for Commonwealth support for legal representation where they meet hardship or special‑circumstance tests (ss 13–15).  \n- Parliamentarians/former parliamentarians have a defined route to seek Commonwealth funding for legal costs in NACC matters, subject to certification and monitoring (Part 5).  \n- The Commissioner and Inspector must collect and publish specific operational metrics in annual reports, shaping what the institution measures and how it explains activity to Parliament (Parts 6–7).\n\n**Key sections to consult for detail**\n\n- Witness allowances: ss 5–8.  \n- Legal aid officer classes: ss 9–11.  \n- General financial assistance: ss 12–15.  \n- Parliamentarian financial assistance: ss 16–25.  \n- Reporting requirements (Commissioner and Inspector): Parts 6–7 (ss 26–41).  \n- Delegations: ss 42–43.\n\n(This summary focuses on the operational content of the regulations and identifies the principal administrative mechanics, decision points and practical trade‑offs. Citations are to sections of the National Anti‑Corruption Commission Regulations 2023.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original purpose: operational and administrative support for the NACC Act. They cover witness expenses, legal assistance schemes, annual reporting particulars, and delegations—exactly what one would expect from regulations made under the Act. There is no significant scope creep beyond the parent Act's framework."},"complexity_factors":["Moderate cross-referencing to the National Anti-Corruption Commission Act 2022 (the 'Act') for defined terms and substantive powers","Multiple distinct schemes with different eligibility criteria and approval processes (witness allowances vs general financial assistance vs parliamentarian assistance)","Conditional approval requirements for financial assistance (serious financial hardship or special circumstances tests)","Specific numerical thresholds and classifications for decision-makers (e.g., 'Executive Level 2 or equivalent, or higher')","Nested conditions for parliamentarian assistance including recovery of costs provisions and monitoring requirements","Reporting requirements with exceptions for information that may compromise NACC processes","Approximately 10 defined terms in the instrument itself, plus reliance on Act definitions"],"plain_english_summary":"These Regulations set out the practical rules for Australia’s National Anti‑Corruption Commission: how witness travel and meal costs are paid, how legal and financial assistance for NACC matters is granted (including a special scheme for current and former federal parliamentarians), annual public reporting by the Commissioner and Inspector, and delegation of certain Attorney‑General powers.  \n\nThey affect witnesses, people seeking NACC‑related legal help, parliamentarians, NACC officers, and the Attorney‑General’s Department — ensuring the NACC can operate fairly, affordably and transparently."}},"importantCases":[],"_links":{"self":"/api/acts/national-anti-corruption-commission-regulations-2023","history":"/api/acts/national-anti-corruption-commission-regulations-2023/history","analysis":"/api/acts/national-anti-corruption-commission-regulations-2023/analysis","conflicts":"/api/acts/national-anti-corruption-commission-regulations-2023/conflicts","importantCases":"/api/acts/national-anti-corruption-commission-regulations-2023/important-cases","documents":"/api/acts/national-anti-corruption-commission-regulations-2023/documents"}}