National Anti-Corruption Commission Regulations 2023

The instrument uses a number of bespoke operational terms and cross‑references to the Act. Its definitional section locates many expressions in the Act, and it supplies a limited set of definitions for terms used within the instrument (regulation 4). These definitional and cross‑referencing mechanisms are the core concepts that structure the instrument’s application.

Key defined references and their use

• Act is defined as the National Anti‑Corruption Commission Act 2022 (regulation 4). Many provisions in the instrument are framed “for the purposes of” specific paragraphs of the Act, indicating that the regulation implements statutory delegations or reporting requirements contained in the Act (see e.g. Parts 3, 4, 5, 6, 7).
• Commissioner, Commonwealth agency, corruption investigation, corruption issue, Inspector, NACC Act process, NACC complaint investigation, NACC corruption issue, parliamentarian, staff member , these expressions are noted as defined in the Act and then used throughout the instrument (regulation 4 note). The instrument therefore presumes the reader will read the instrument in conjunction with the Act for full meaning.
• Official travel determination means the Remuneration Tribunal (Official Travel) Determination 2022, as in force on 1 July 2023 (regulation 4). That determination supplies the accommodation and meal rate benchmarks referenced in s 7(2).

Allowances for witnesses

• The instrument prescribes the Commonwealth’s obligation to pay a witness’s travelling expenses up to a maximum computed as “the cost of the most economical form of transport that is reasonable” having regard to enumerated factors (s 6(1)-(2)). Those factors include distance, time, available forms of transport, route directness and practicality, safety, confidentiality needs, and health or disability adjustments (s 6(2)(a)-(g)).
• For accommodation and meals, the maximum allowance equals rates in Table 6A or 6B of the official travel determination for a tier 3 office holder, according to the travel the witness undertakes (s 7(2)). Applications must supply specified evidence (ss 6(4), 7(5)) and decision‑makers are identified by rank (s 6(5), s 7(6)). If claimed expenses exceed the maximum, the decision‑maker must reduce the pay‑out to the maximum (s 6(7), s 7(8)). If the NACC meets some or all of a witness’s travel, accommodation or meal expenses, no payment is payable under this Part (s 8).

Legal aid officers

• For the purposes of paragraph 98(5)(b) of the Act, staff members of Commonwealth agencies who receive or assess applications for financial assistance under Parts 4 or 5 of the instrument are prescribed as legal aid officers (s 10). Separately, staff of agencies (other than parliamentary offices) that provide other financial assistance for legal expenses in relation to matters arising under the Act and who receive or assess such applications are also prescribed as legal aid officers (s 11). The prescription is functional: it applies to staff responsible for receiving applications or involved in assessing or deciding them.

Financial assistance and approval architecture

• Part 4 prescribes arrangements for the Commonwealth to provide financial assistance for representation at hearings and for applications for administrative review under the Administrative Decisions (Judicial Review) Act 1977 (s 12).
• Under s 13, persons summoned to attend a hearing may apply to the Attorney‑General for financial assistance for legal representation; others represented at the Commissioner’s consent may also apply. The Attorney‑General may authorise assistance if satisfied that refusing would result in serious financial difficulty or if the circumstances are of a special nature (s 13(3)).
• Part 5 prescribes special arrangements for parliamentarians and former parliamentarians (ss 16-25). An eligible matter is defined to include matters arising under the Act, other than prosecutions, and applications for administrative review in the Federal courts under the Administrative Decisions (Judicial Review) Act 1977 (s 17). The default approving official is the Attorney‑General but the Commissioner may certify another approving official among the Secretary, the Prime Minister or the Finance Minister (s 19). Approvals may cover legal representation costs, disbursements and costs awarded against an applicant (s 20(1)); the approving official must be satisfied that the involvement arose because the applicant is or has been a parliamentarian or relates to duties as a parliamentarian and that it is appropriate to give assistance (s 20(2)).

Monitoring, recovery and reporting

• The instrument provides conditions and recovery mechanisms: approvals may be subject to conditions, costs must be certified by the Secretary as reasonable (s 21), and applicants must recover any costs awarded in their favour and pay recovered costs to the Commonwealth (s 22(1)-(2)). Applicants must repay assistance if they were ineligible due to a false or misleading application (s 22(3), s 23).
• The Secretary must monitor strategies adopted by applicants and inform the approving official if proposed expenditure is unreasonable (s 24). The Attorney‑General must inform each House of Parliament of each decision to pay financial assistance and must table a consolidated statement of expenditure within three months of the end of each financial year, but must consult the Commissioner and Inspector and must not disclose information if either considers disclosure may compromise a NACC Act process (s 25(1)-(4)).

Annual reporting particulars for Commissioner and Inspector

• Parts 6 and 7 specify the mandatory particulars the Commissioner’s and the Inspector’s respective annual reports must include about referrals, corruption issues dealt with, investigations completed or outstanding, referrals to agencies, public inquiries and certificates, and, for the Inspector, certain financial information (ss 26-41). These are prescriptive enumerations intended to standardise oversight reporting.

Delegation and directions

• The instrument allows the Attorney‑General to delegate functions under Part 4 to the Secretary or senior APS employees, and requires delegates to comply with any written directions of the Attorney‑General (s 42). The Secretary may also delegate specified functions under ss 19, 21, 22 and 24 to SES employees, subject to written directions (s 43). Both delegation provisions reference the Acts Interpretation Act 1901 for delegation practice (notes to ss 42 and 43).

Taken together, the main concepts are operational ceilings for witness entitlements, a narrow and functional prescription of legal aid officer classes, a two‑stream financial assistance framework (general assistance via the Attorney‑General and a tailored stream for parliamentarians), explicit recovery and repayment rules, mandatory oversight reporting with tailored non‑disclosure exceptions, and explicit delegation routes with direction compliance obligations. The regulation relies heavily on discretionary satisfaction tests, certification by the Secretary and consultation with the Commissioner and Inspector as gatekeeping mechanisms.

The Regulations allocate rights, duties and decision authority across a discrete set of actors. Identifying who pays, who decides and who is required to act is central to understanding incentive effects and administrative burdens.

Primary financial beneficiaries and claimants

• Witnesses appearing at a NACC hearing are entitled to travel expenses and, where overnight stays are required, accommodation and meal expenses up to specified maximums (ss 6(1), 7(1)-(2)). The entitlement applies regardless of whether the witness was summoned (s 5 note).
• Persons summoned to attend a hearing, and persons who are represented with the Commissioner’s consent, may apply to the Attorney‑General for financial assistance for legal representation at hearings (s 13(1)-(2)). Persons who have applied or propose to apply for administrative review in the Federal courts under the Administrative Decisions (Judicial Review) Act 1977 may apply to the Attorney‑General for assistance for those proceedings (s 14(1)).
• Parliamentarians and former parliamentarians may apply in writing to the Department for financial assistance in relation to eligible matters (s 18). Eligible matters include matters arising under the Act except prosecutions, and administrative review applications in the Federal courts (s 17).

Decision‑makers and gatekeepers

• The CEO of the NACC, and senior APS staff (SES employees, acting SES, EL2 or equivalent, or acting in such a position) may decide witness allowance applications (ss 6(5)-(6), 7(6)-(7)). Decision‑makers must be satisfied that applications include the required evidence (ss 6(6), 7(7)).
• The Attorney‑General is the default approving official for parliamentarian assistance, but the Commissioner may certify that the approving official is the Secretary, the Prime Minister, or the Finance Minister (s 19). The Attorney‑General also retains direct authority to authorise general financial assistance under Parts 4 and 5 (ss 13-14).
• The Secretary of the Attorney‑General’s Department plays multiple roles: the Secretary receives applications to the Department (s 19(2)(a)), must certify whether costs are reasonable for payment purposes under s 21(2), must monitor applicant strategies and inform the approving official if proposed expenditure is unreasonable (s 24), and can be delegated certain approving functions (s 43(1)(a)).

Oversight bodies

• The Commissioner and the Inspector are named oversight and reporting actors. The Commissioner can issue a certificate specifying an approving official for a parliamentarian application (s 19(2)(b)). Both the Commissioner and the Inspector are consulted before disclosure to Parliament of information on financial assistance when there is a risk of compromising a NACC Act process; either can require the Attorney‑General to withhold that information (s 25(2)-(3)). Both must include specified particulars in their annual reports per Parts 6 and 7 (ss 26-41).

Other affected parties

• Commonwealth agencies that provide financial assistance, or that receive referrals for investigation from the Commissioner, are implicated, because the instrument prescribes the class of staff in such agencies who qualify as legal aid officers where they receive or assess financial assistance applications (ss 10-11).
• Parliament receives reporting obligations: the Attorney‑General must inform each House of decisions to pay financial assistance and table a consolidated statement of expenditure each year (s 25(1)). However, those requirements are subject to non‑disclosure where the Commissioner or Inspector considers disclosure may compromise a NACC Act process (s 25(2)-(3)).
• The Commonwealth as payer is affected financially because the instrument authorises Commonwealth expenditure on allowances and financial assistance (Part 2 purpose, s 5; Parts 4-5).

Distributional and institutional effects

• Benefits are concentrated: identifiable claimants such as witnesses, summoned persons, applicants for representation and parliamentarians/former parliamentarians receive targeted financial entitlements or may be eligible for Commonwealth payment of legal costs (ss 6, 7, 13, 20). Costs are borne by the Commonwealth budget.
• Decision authority is concentrated among senior officials (Attorney‑General, Commissioner, Secretary, CEO, SES level staff). The instrument builds a vertical administrative chain of approvals and certificates: the Commissioner can reassign the approving official for parliamentarian assistance (s 19), the Secretary certifies reasonableness of costs and monitors expenditure (ss 21(2), 24), and delegates must follow written directions (ss 42(2), 43(2)). Those points shape incentives for both applicants and approving officials.

Operational burdens and compliance responsibilities

• Claimants must provide evidence with applications (ss 6(4), 7(5), 18), and parliamentarian applicants face additional preconditions that involve establishing the causal link between their parliamentary status and the eligible matter (s 20(2)(a)). Approved applicants who receive costs awarded in their favour must pursue recovery and remit recovered sums to the Commonwealth; the Commonwealth will approve reasonable expenses of pursuing recovery if certified by the Secretary (s 22(1)-(2)). False or knowingly misleading applications render a person ineligible (s 23).

In short, the Regulations affect a defined set of private actors (witnesses, applicants, parliamentarians/former parliamentarians), multiple Commonwealth decision‑makers (Attorney‑General; Commissioner; Secretary; CEO; senior APS employees), oversight bodies (Inspector, Commissioner), Commonwealth agencies that administer or provide legal assistance, and Parliament as a recipient of reporting. The instrument concentrates benefits among those who successfully navigate evidentiary and procedural requirements, while decision authority, certification and recovery obligations vest heavily in the Attorney‑General’s Department and the Commissioner.

The Regulations allocate specific rights to applicants and witnesses and impose duties on decision‑makers, the Secretary, the Commissioner and the Inspector. Below are the principal entitlements and obligations created by the instrument, with references to the controlling provisions.

Entitlements and claimant rights

• Witnesses appearing at hearings are entitled to be paid travel expenses they need to undertake to appear, up to a computed maximum, and to accommodation and meal expenses for overnight absences where they stay in commercial accommodation (ss 6(1)-(2), 7(1)-(2)). The entitlement applies irrespective of whether the witness was summoned (regulation 5 note).
• Persons summoned to attend a hearing may apply for Commonwealth financial assistance for legal representation at the hearing, and others who are represented with the Commissioner’s consent may also apply (s 13(1)-(2)). Persons applying or proposing to apply for judicial review in the Federal courts under the Administrative Decisions (Judicial Review) Act 1977 may apply for financial assistance for those proceedings (s 14(1)).
• Parliamentarians and former parliamentarians have a specific entitlement to apply in writing for financial assistance in relation to eligible matters, which include matters arising under the Act (excluding prosecutions) and administrative review applications in the Federal courts (s 17-18).

Duties of decision‑makers and officials

• The CEO, or senior APS staff identified by the instrument, may grant witness allowance applications but only if satisfied that the application includes the enumerated evidence (s 6(5)-(6), s 7(6)-(7)). If the decision‑maker is not satisfied that claimed expenses are equal to or less than the maximum, the decision‑maker must reduce the payable amount to the maximum (s 6(7), s 7(8)).
• The Attorney‑General may authorise financial assistance for representation at hearings and for judicial review applications if satisfied that refusing would cause serious financial difficulty or that the circumstances are of a special nature (ss 13(3), 14(2)). That assistance is provided subject to conditions determined by the Attorney‑General (s 15).
• The approving official for parliamentarian applications must be satisfied, before approval, that either the applicant’s involvement arose only because they are or were a parliamentarian, or the eligible matter relates to the performance or non‑performance of parliamentary duties, and that it is appropriate to give financial assistance (s 20(2)).

Certification, monitoring and recovery duties

• The Secretary must certify that the costs of an applicant’s legal representation and disbursements are reasonable before payment (s 21(2)). The Secretary must also monitor strategies adopted by an applicant in eligible matters for which assistance has been approved and must inform the approving official if the Secretary considers proposed expenditure unreasonable (s 24).
• An approval for parliamentarian assistance is subject to the condition that, if an award of costs is made in the applicant’s favour, the applicant must take steps directed by the Commonwealth to recover the costs and must pay any recovered costs to the Commonwealth; the Commonwealth may pay the reasonable expenses of taking steps to recover costs if certified by the Secretary (s 22(1)-(2)). Approvals also carry a condition that an applicant must repay assistance if they are ineligible under s 23 due to a false or misleading application (s 22(3)). Section 23 expressly denies eligibility where the application included information the applicant knew to be false or misleading in a material particular.

Reporting duties

• The Attorney‑General must inform each House of Parliament of each decision to pay financial assistance under Part 5, including reasons and any limits on expenditure, as soon as possible, and must table a consolidated statement of expenditure each year within three months after the end of the financial year specifying expenditure for each matter (s 25(1)).
• The Attorney‑General must consult the Commissioner and the Inspector before disclosing information to Parliament or before tabling the consolidated statement, and must withhold particular information if either the Commissioner or the Inspector considers disclosure may compromise a NACC Act process (s 25(2)-(3)). If those officials later no longer consider disclosure compromises a process, the officials must inform the Attorney‑General and the Attorney‑General must then disclose the information and include it in the next consolidated statement (s 25(4)).

Oversight and reporting duties for Commissioner and Inspector

• The instrument prescribes the particulars the Commissioner’s annual report must include about referrals, corruption issues dealt with, corruption investigations, referrals to Commonwealth agencies, public inquiries and certificates (ss 26-32).
• The Inspector’s annual report must include specified particulars about referrals and complaints, NACC corruption issues dealt with, corruption investigations, complaint investigations, audits, judicial review and other court proceedings involving the Inspector, certificates, and certain financial information including budgeted and actual expenditure and, for later years, comparative information (ss 33-41).

Delegation duties

• Delegates of the Attorney‑General and the Secretary must act in accordance with any written directions of the delegator when performing delegated functions under the instrument (ss 42(2), 43(2)). The Attorney‑General may delegate functions under Part 4 to the Secretary or particular senior APS employees (s 42(1)); the Secretary may delegate functions under s 19 (except those the Secretary holds as an approving official) and under ss 21, 22 and 24 to SES employees (s 43(1)).

Rights to withhold or restrict disclosure

• The instrument creates a procedural right for the Commissioner and the Inspector to require non‑disclosure of particular information to Parliament where there is a risk of compromising a NACC Act process (s 25(2)-(3)). It also creates a duty for those officials to inform the Attorney‑General when circumstances change such that disclosure would no longer jeopardise a process, triggering a duty on the Attorney‑General to disclose (s 25(4)).

Enforceable constraints and remedial powers

• The key remedial tools in the instrument are administrative: reduction of payments to maximums (ss 6(7), 7(8)), denial of entitlement where the Commonwealth already meets expenses (s 8), refusal or conditional authorisation of financial assistance (ss 13-15, 20-22), requiring repayment where an applicant is ineligible due to false or misleading information (s 22(3), s 23), certification of reasonableness by the Secretary (s 21(2)), and oversight and reporting obligations (ss 24-25, Parts 6-7). The instrument does not itself create criminal penalties; it creates administrative eligibility rules and recovery obligations.

In sum, the Regulations create structured entitlements for witnesses and applicants, concentrate decision and certification duties in senior Commonwealth officials, impose monitoring and recovery obligations on recipients, and prescribe mandatory oversight reporting, while carving out non‑disclosure protections where disclosure could compromise ongoing NACC Act processes.

The Regulations rely primarily on administrative controls, eligibility conditions, and recovery mechanics; they do not create criminal penalties within the text supplied. Enforcement and remedial mechanisms are statutory and administrative rather than punitive in the criminal sense. The following summarises the enforcement tools and obligations that the instrument establishes.

Denial and reduction of entitlement

• For witness allowances, the decision‑maker must assess applications against required evidentiary criteria and may reduce any grant to the amount of the maximum travel or accommodation and meals allowance where the claimed expenses exceed those maxima (ss 6(6)-(8), 7(6)-(8)). A precondition for payment is that the decision‑maker be satisfied that the application includes the material listed in the instrument (ss 6(6), 7(7)). Where the NACC already meets some or all of a witness’s expenses for a hearing, the Regulations bar payment under Part 2 (s 8).

Refusal or conditional grant of financial assistance

• The Attorney‑General may authorise financial assistance for representation or judicial review only after satisfying a threshold test (that refusal would cause serious financial difficulty, or the circumstances are of special nature) (ss 13(3), 14(2)). Assistance under Part 4 is subject to any conditions determined by the Attorney‑General (s 15). For parliamentarians, the approving official must be satisfied of two conditions before making an approval: the applicant’s involvement arose because they are or were a parliamentarian, or the matter relates to parliamentary duties; and that providing assistance is appropriate (s 20(2)).

Recovery rights and repayment obligations

• A key enforcement mechanism for parliamentarian assistance is recovery of costs awarded in the applicant’s favour. The approval is subject to a condition requiring the applicant to take Commonwealth‑directed steps to recover costs and to pay recovered costs to the Commonwealth (s 22(1)). The Commonwealth will approve payment of the reasonable expense of taking steps to recover costs where those expenses are certified by the Secretary (s 22(2)). The approval also carries a condition that the applicant must repay financial assistance if the applicant is not eligible as a result of a false or misleading application (s 22(3); see s 23).

Certification and monitoring as enforcement instruments

• The Secretary’s certification that costs are reasonable is a gateway to Commonwealth payment (s 21(2)). The Secretary also has monitoring powers: the Secretary must monitor applicant strategies for approved eligible matters and must inform the approving official if the Secretary considers proposed expenditure unreasonable (s 24). These duties create administrative oversight that can lead to reductions, withholding or conditions on assistance.

Non‑disclosure as an enforcement and protective tool

• The Attorney‑General’s obligation to inform Parliament of decisions to pay financial assistance and to table a consolidated statement of expenditure (s 25(1)) is balanced by a restriction: before disclosure, the Attorney‑General must consult the Commissioner and the Inspector and must not disclose particular information if either considers that disclosure may compromise a NACC Act process (s 25(2)-(3)). This is an enforcement mechanism protecting ongoing investigative or hearing processes from inadvertent compromise. The instrument also provides a remedy for delayed disclosure: where the relevant official later considers the information no longer compromises a process, that information must be disclosed and included in the next consolidated statement (s 25(4)).

Delegation compliance and written directions

• Delegates must comply with written directions of the delegating official when exercising delegated functions under the instrument (s 42(2) for Attorney‑General delegations; s 43(2) for Secretary delegations). This creates an internal chain of accountability and a mechanism for the principal to influence delegated decision‑making.

Limits on enforcement tools in the instrument

• The Regulations do not provide express civil penalty provisions, administrative fines, or criminal sanctions in the text provided. Instead, the principal enforcement routes are denial of eligibility, reduction of payments, recovery obligations, requirement to repay where applications were false or misleading, certification and monitoring to gate payments, and the Secretary’s and approving official’s use of conditions.

Practical enforcement consequences

• The repayment condition in s 22(3) and the ineligibility rule in s 23 create direct financial exposure for applicants who knowingly submit false or misleading information. The recovery obligation in s 22(1) gives the Commonwealth a right to recovered costs awarded to a successful applicant, and the payment of recovery expenses only where certified by the Secretary (s 22(2)) can influence how vigorously an applicant pursues cost recovery. The certification of reasonableness by the Secretary (s 21(2)) also creates potential disputes between legal practitioners seeking payment and the Secretary over what falls within the Commonwealth’s reasonable costs.

In summary, enforcement within the Regulations is administered through eligibility conditions, administrative discretion, certification and monitoring by the Secretary and approving official, payment reductions to prescribed maxima, recovery and repayment obligations, and non‑disclosure protections. The instrument does not itself create criminal sanctions; enforcement is via administrative denial, recovery and contractual or statutory conditions.

The Regulations are explicitly framed as instruments implementing and filling out obligations in the National Anti‑Corruption Commission Act 2022. They also reference and interact with several other federal instruments and Acts. The interaction is either direct, because the regulation is made under or “for the purposes of” a specific paragraph of another Act, or indirect because the regulation uses external benchmarks or delegates pursuant to provisions in the Acts Interpretation Act 1901. The following sets out the textual interactions.

Direct interactions with the NACC Act 2022

• The instrument is made under the Act (regulation 3). Multiple Parts are expressly described as being “for the purposes of” particular paragraphs of the Act:
  • Part 2 is made “for the purposes of section 93 of the Act” and prescribes witness allowances that the Commonwealth must pay to witnesses appearing at hearings (regulation 5).
  • Part 3 prescribes classes of persons who are legal aid officers “for the purposes of paragraph 98(5)(b) of the Act” (s 9).
  • Part 4 is “for the purposes of paragraph 280(2)(a) of the Act” and prescribes arrangements for Commonwealth financial assistance for representation at hearings and judicial review proceedings (s 12).
  • Part 5 likewise prescribes financial assistance arrangements for parliamentarians “for the purposes of paragraph 280(2)(a) of the Act” (s 16).
  • Parts 6 and 7 are “for the purposes of” specific reporting provisions in the Act: Part 6 for paragraph 271(2)(a) (Commissioner’s annual report particulars) and Part 7 for subsection 198(3) (Inspector’s annual report particulars) (ss 26, 33).
• The instrument accordingly operationalises statutory powers and reporting duties created by the Act by specifying evidentiary, certification, approval, monitoring and reporting procedures.

Interaction with Administrative Decisions (Judicial Review) Act 1977

• The Regulations explicitly recognise that financial assistance may be provided for applications under the Administrative Decisions (Judicial Review) Act 1977 to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order of review in respect of a matter arising under the Act (ss 12, 14, 17(b)). The Regulations therefore define the procedural channel through which Commonwealth financial assistance can be sought for administrative judicial review, and set the Attorney‑General’s satisfaction tests and conditions for such assistance (s 14).

Reference to the Remuneration Tribunal official travel determination

• The maximum allowance for accommodation and meals for witnesses is tied to Table 6A or 6B in the Remuneration Tribunal (Official Travel) Determination 2022, for a tier 3 office holder undertaking the same travel as the witness (s 7(2)). This uses an external instrument as a rate benchmark and therefore links NACC witness entitlement maxima to the Government’s established official travel rates.

Reference to the Public Governance, Performance and Accountability Act 2013 (indirect)

• The instrument defines “Finance Minister” as the Minister administering the Public Governance, Performance and Accountability Act 2013 (regulation 4). That definition matters because the Commissioner can certificate the Finance Minister as the approving official for a parliamentarian’s financial assistance application (s 19(2)(b)(iii)). The definition therefore links the instrument to Treasury and finance governance settings.

Delegation and Acts Interpretation Act 1901

• The notes to the delegation provisions reference sections 34AA to 34A of the Acts Interpretation Act 1901 as containing provisions relating to delegations, thereby signalling that delegations under ss 42 and 43 are to be exercised and interpreted using the normal statutory rules and safeguards (ss 42-43 notes). That interaction governs who may be delegated to and the effect of written delegations.

Parliamentary procedures and disclosure rules

• The instrument requires the Attorney‑General to inform each House of Parliament of decisions to pay financial assistance and to table consolidated expenditure statements (s 25(1)). However, the Attorney‑General must consult the Commissioner and Inspector and must not disclose particular information if either considers disclosure may compromise a NACC Act process (s 25(2)-(3)). This produces an interplay between executive disclosure duties to Parliament and investigative confidentiality protections located in the NACC regulatory framework.

Interface with the Act’s oversight and complaint framework

• The prescription of legal aid officer classes in Parts 3 and the reporting requirements in Parts 6 and 7 tie into the Act’s own framework for oversight, complaints and investigation. For example, Part 7 requires the Inspector to report on “complaints of agency maladministration or officer misconduct” received in relation to the NACC and its staff (s 34(c)). Those reporting items are designed to fit within the Act’s broader oversight architecture.

Practical consequences of these interactions

• Where the Regulations require certification by the Secretary that costs are reasonable (s 21(2)), the interaction with departmental procurement or financial governance rules, informed by the Public Governance, Performance and Accountability Act 2013, will be relevant; the instrument itself does not spell out PGPA procedures, but it situates the Secretary’s certification role within existing financial governance frameworks by defining the Finance Minister and referencing broader governance instruments.
• The use of external benchmarks (Remuneration Tribunal determination) means that witness allowances will move in step with official travel rates, and potentially change if the determination is updated; the instrument fixes the relevant version as in force on 1 July 2023 (regulation 4).
• Delegations are subject to the Acts Interpretation Act’s rules, and delegates must comply with written directions from the delegator (ss 42(2), 43(2)). That creates a direct operational link between the instrument’s delegation model and standard federal administrative practice.

Overall, the Regulations operate within a network of statutory authorities. They implement and give detail to specific paragraphs of the NACC Act, rely on the Administrative Decisions (Judicial Review) Act 1977 for the judicial review pathway that can attract assistance, adopt official travel rates from the Remuneration Tribunal determination as maxima for witness subsistence, and tie delegations into the Acts Interpretation Act framework. The instrument therefore should be read alongside the Act and the specified external instruments to understand the full legal and practical effect.

The Regulations include a commencement table and a note about the table’s status, but the text supplied contains only the original instrument as made and does not record subsequent amendments. The following are the instrument’s amendment and enactment details as stated in the text.

Enactment and commencement

• The instrument is dated 8 June 2023 in the Governor‑General’s preamble and is signed “By His Excellency’s Command” by the Attorney‑General (cover pages). Section 2 sets out the commencement arrangement and includes a table which records that “The whole of this instrument” commenced on 1 July 2023 (regulation 2(1)). The table is explicitly described as relating only to the provisions of the instrument “as originally made” and may not be amended to deal with later amendments (regulation 2 note).

Authority for making

• The instrument states it is made under the National Anti‑Corruption Commission Act 2022 (regulation 3). That is the statutory source empowering the Governor‑General, acting with the advice of the Federal Executive Council, to make these regulations.

Document history and editorial notes

• Regulation 2(2) contains an editorial note that any information in column 3 of the commencement table is not part of the instrument and may be edited or inserted in any published version. This is a standard drafting convention for explanatory commencement tables and indicates the formal commencement is the item recorded in column 2.

Absence of amendment entries

• The supplied text includes only the original instrument’s contents and explicitly notes the commencement table reflects the instrument “as originally made” (regulation 2 note). There are no subsequent amendment provisions, no amending schedules, no notes on retrospective amendments, and no consolidated amendment history reported in the supplied text.

Practical implications

• For a user relying solely on the supplied instrument text, the operative version is the original 2023 instrument commencing 1 July 2023. Any subsequent amendments, revocations or replacements would not be visible in this document; they would need to be checked in the official legislative register or Federal Register of Legislation for updates after 1 July 2023. The instrument itself anticipates being a live document by noting that the commencement table will not be amended in the text of the instrument when later versions are published (regulation 2 note).

In short, the instrument records its original making date (8 June 2023), commencement date (1 July 2023), and authority (the Act). No further amendment history is recorded within the text provided.

The Regulations, as supplied, contain no references to any litigation, judicial review, or court decisions. The instrument itself prescribes procedural and administrative requirements, including that certain persons may apply for financial assistance to seek judicial review under the Administrative Decisions (Judicial Review) Act 1977 (ss 12, 14, 17(b)), and requires reporting by the Inspector about applications made to the Federal courts under that Act in connection with the Inspector’s functions (s 39(a)). However, the text does not record any case names, judicial outcomes, or past litigation concerning the instrument or its provisions.

What the instrument requires to be reported does include litigation‑adjacent items

• The Inspector’s annual report must include details of the number and results of 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 in respect of matters arising under the NACC Act connected with the Inspector’s functions, and other court proceedings involving the Inspector (s 39). Those reporting requirements create a public record mechanism for any future litigation that involves the Inspector.
• The instrument also contemplates potential legal action connected to the exercise of powers by the Inspector by requiring reporting on “applications made” and “other court proceedings” that were determined or otherwise disposed of during the financial year (s 39).

Absent precedent in the text

• The Regulations do not include references to any judicial interpretation, no transitional litigation history, and no decisions interpreting any of the instrument’s provisions are cited. Therefore, anyone seeking case‑law that interprets these Regulations must search external legal databases and court records beyond the instrument.

Practical note for users

• Although the instrument prescribes administrative procedures that may be susceptible to judicial review,particularly decisions to grant or refuse financial assistance, to certify costs as reasonable, or to disclose or withhold information to Parliament,the instrument itself does not record any litigation. Practitioners and researchers should therefore treat the instrument as a set of administrative rules that could be subject to statutory review under the Administrative Decisions (Judicial Review) Act 1977, but must locate any actual litigation outcomes in court records, not in the Regulations themselves.

The Regulations contain specific procedural traps and constraints that can produce unintended results if practitioners, applicants, witnesses or departments do not attend to the detailed rules. The following are concrete “watch‑outs” grounded in the text.

Witness allowances capped by a reasonableness test and external rates

• Travel allowances are capped at “the cost of the most economical form of transport that is reasonable” having regard to enumerated factors (s 6(2)). This is not a full reimbursement of the lowest cost ticket purchased; the decision‑maker must subjectively determine what transport is reasonable taking into account time, safety, confidentiality and health adjustments (s 6(2)(a)-(g)). If an applicant claims a higher cost mode of transport without explaining why a cheaper option was unreasonable, the decision‑maker must reduce the payment to the maximum (s 6(7)). For accommodation and meals, maxima are tied to Table 6A or 6B of the official travel determination for a tier 3 office holder, not to the actual invoices submitted if those exceed the table rate (s 7(2), s 7(8)).

Evidence requirements are specific and necessary

• Witness applications must include evidence that travel was or will be undertaken for the purposes of appearing at the hearing; evidence of the expenses incurred or likely to be incurred; evidence as to why a particular mode of transport was required; and evidence of any health or disability requirements affecting costs (s 6(4)). For accommodation, applicants must show evidence of overnight absence and expenses (s 7(5)). Fail to provide this specified evidence and the decision‑maker may refuse or reduce the grant (s 6(6), s 7(7)-(8)).

No double recovery from the Commonwealth

• If the NACC meets some or all of a witness’s travel, accommodation or meal expenses, the Regulations bar payment under Part 2 (s 8). An applicant should not expect the Commonwealth to pay allowances where the NACC has already met costs.

Certification gatekeeper for legal costs

• Payment of costs for legal representation and disbursements in respect of parliamentarian assistance is only to the extent that the Secretary certifies those costs as reasonable (s 21(2)). Legal practitioners should expect an internal reasonableness assessment and should not assume the Commonwealth will pay billed amounts without that certification.

Approval preconditions for parliamentarians are narrow and causally framed

• The approving official must be satisfied that the applicant’s involvement arose only because the applicant is or has been a parliamentarian, or that the eligible matter relates to the performance or non‑performance of the applicant’s duties as a parliamentarian (s 20(2)(a)). This focus on causal connection means that matters that would have arisen regardless of parliamentary status may fail the test. Practitioners should prepare evidence showing the link between parliamentary status/duties and the eligible matter.

Recovery obligation can reduce net benefit to successful applicants

• If costs are awarded in an applicant’s favour, the applicant must take all Commonwealth‑directed steps to recover those costs and must pay any recovered costs to the Commonwealth (s 22(1)). The Commonwealth may approve reasonable expenses of taking recovery steps only if certified by the Secretary (s 22(2)). This structure ensures that a successful applicant cannot both keep awarded costs and retain Commonwealth assistance where recovery occurs.

False or misleading applications have immediate ineligibility consequences

• Section 23 denies eligibility where an application included information the applicant knew to be false or misleading in a material particular. Section 22(3) then subjects approvals to a condition requiring repayment where ineligibility arises under s 23. Applicants must therefore take care to ensure accuracy and completeness.

Approval deferral can produce legal costs uncertainty

• The approving official may defer a decision on whether to approve payment in whole or part until an eligible matter reaches an appropriate point (s 20(5)). Applicants may face uncertainty about whether assistance will be granted and about timing, which could affect their ability to instruct counsel or meet interim costs.

Reporting to Parliament can be withheld where disclosure may compromise NACC Act processes

• The Attorney‑General must consult the Commissioner and the Inspector before disclosing decisions to Parliament or tabling consolidated statements, and must not disclose particular information if either official considers disclosure may compromise a NACC Act process (s 25(2)-(3)). This means that while the instrument mandates reporting, parts of that reporting can be withheld and subsequently disclosed only when the Commissioner or Inspector authorise disclosure (s 25(4)). Practitioners should not assume all assistance will be publicly visible immediately.

Delegation links to written directions mean central control can persist

• Delegates must comply with any written directions of the Attorney‑General or the Secretary (ss 42(2), 43(2)). Delegation does not remove the power of the principal to shape decision‑making; written directions can centralise control and create additional compliance layers for delegates.

Inspector’s financial reporting can reveal operational detail

• The Inspector must include budgeted and actual expenditure and, for subsequent reports, comparative figures (s 41). That creates a recurring public accounting obligation that could surface operational resource pressures or variances.

Narrow prescription of legal aid officers may not cover all scenarios

• The instrument prescribes particular classes of staff as legal aid officers for the Act’s purposes (ss 10-11). Those classes are narrowly defined by function (receiving applications or assessing/making decisions). Other staff involved peripherally may not be covered; reliance on “legal aid officer” status should be assessed against these specific criteria.

No criminal penalties are created in the instrument itself

• The instrument imposes administrative eligibility rules and repayment obligations but does not itself create criminal offences or civil penalty regimes. Remedies are administrative, including reduction, denial, recovery and repayment (see Parts 2, 4 and 5).

In practice, the “gotchas” will matter most at the application stage. Successful applicants and their advisers should prepare tailored evidence of necessity, provide complete and accurate information, be ready for the Secretary’s reasonableness certification, and plan for the recovery mechanics if litigation yields costs in their favour. Departments and delegates should ensure written directions and delegation instruments are in place and that the Secretary’s certification and monitoring functions have sufficient process support to avoid delays.

This section gives practical, stepwise compliance guidance for the main actors under the instrument , witnesses, applicants for financial assistance (including parliamentarians), decision‑makers and departmental officials , based strictly on the instrument’s requirements.

For witnesses seeking allowances under Part 2

1. Establish entitlement: Confirm that you are a witness appearing at a hearing; entitlement applies regardless of whether you were summoned (regulation 5 note; s 6(1)).
2. Calculate likely maxima: For travel, understand that the maximum is the cost of the most economical form of transport that is reasonable, judged against the listed factors (distance, time, available transport, route directness, safety, confidentiality needs, and health or disability adjustments) (s 6(2)(a)-(g)). For accommodation and meals, check Table 6A or 6B of the Remuneration Tribunal (Official Travel) Determination 2022 for Tier 3 rates, as that is the cap for each overnight stay (s 7(2)).
3. Gather documentary evidence: Prepare the specified evidence for your application: for travel, evidence that travel was or will be undertaken for the purposes of the hearing, evidence of expenses incurred or likely to be incurred, reason why a particular mode of transport was required, and evidence of any health or disability adjustments (s 6(4)); for accommodation and meals, evidence of overnight absence and evidence of expenses incurred or likely to be incurred (s 7(5)).
4. Submit application: Apply to the NACC for payment (s 6(3), s 7(4)). Ensure the application contains the items listed in the instrument to avoid refusal on the basis that the decision‑maker is not satisfied (s 6(6), s 7(7)).
5. Anticipate reduction to maxima: If the expenses applied for exceed the statutory maximum, expect the decision‑maker to reduce the amount payable to the statutory maximum (s 6(7), s 7(8)). Do not assume full reimbursement of a top‑tier fare absent justification.
6. Check whether the NACC will meet costs directly: If the NACC meets some or all of your travel, accommodation or meal expenses, no amount is payable under Part 2 (s 8).

For persons seeking financial assistance for representation or judicial review (non‑parliamentarian stream, Part 4)

1. Determine eligibility: If summoned to a hearing you may apply to the Attorney‑General for assistance (s 13(1)). If you are being represented at a hearing by a legal practitioner with the Commissioner’s consent, you can apply (s 13(2)). If you have applied or propose to apply under the Administrative Decisions (Judicial Review) Act 1977 in respect of a matter arising under the Act, you may apply for assistance for that application (s 14(1)).
2. Prepare application materials: The instrument requires application but does not list formality beyond the application itself. Provide clear evidence of your financial position if asserting that refusal would result in serious financial difficulty, or evidence explaining why the circumstances are of a special nature justifying assistance (ss 13(3), 14(2)).
3. Await the Attorney‑General’s authorisation: The Attorney‑General may authorise assistance if satisfied of the statutory tests; assistance is payable in accordance with the authorisation and any conditions determined by the Attorney‑General (ss 13(3)-(4), 15).

For parliamentarians or former parliamentarians seeking assistance (Part 5)

1. Confirm eligible matter: Eligible matters include any matter arising under the Act other than a prosecution, and applications to the Federal courts under the Administrative Decisions (Judicial Review) Act 1977 in respect of matters arising under the Act (s 17). Ensure your matter falls within this definition before applying.
2. Apply in writing to the Department: Section 18 requires a written application to the Department. The Secretary must provide a copy to the Commissioner (s 19(2)(a)).
3. Be prepared for the approving official test: The default approving official is the Attorney‑General, but the Commissioner may certify that the approving official is the Secretary, the Prime Minister or the Finance Minister (s 19). The approving official must be satisfied that either the applicant’s involvement arose only because the applicant is or has been a parliamentarian, or that the matter relates to the performance or non‑performance of parliamentary duties; and that it is appropriate to give financial assistance (s 20(2)). Provide evidence that establishes the causal nexus between parliamentary status/duties and the matter.
4. Expect certification of costs by the Secretary: Costs of legal representation and disbursements will be paid only to the extent certified by the Secretary as reasonable (s 21(2)). Provide itemised estimates, counsel briefs, and any comparative rates or benchmarks to assist the Secretary’s reasonableness assessment.
5. Understand recovery and repayment obligations: If you obtain an award of costs you must take Commonwealth‑directed steps to recover those costs and must pay recovered sums to the Commonwealth; you may be reimbursed for reasonable expenses of recovery only if certified by the Secretary (s 22(1)-(2)). If you were ineligible due to a false or misleading application you must repay assistance (s 22(3); s 23). Ensure accuracy in applications and maintain records supporting the truth of statements made.
6. Anticipate monitoring and reporting: The Secretary will monitor strategies and may inform the approving official if proposed expenditure is unreasonable (s 24). The Attorney‑General will notify Parliament of approvals and table consolidated statements annually, subject to consultation with the Commissioner and Inspector and non‑disclosure where disclosure may compromise a NACC Act process (s 25). Expect possible delays to public disclosure where confidentiality is a concern.

For NACC decision‑makers, the Attorney‑General’s Department and delegates

1. Follow specified satisfaction tests: For witness allowance decisions, ensure the required proofs are present and that any reduction to the maximum is correctly calculated against the statutory factors (s 6(2); s 7(2)). For financial assistance, ensure the statutory thresholds are applied (ss 13-14, s 20(2)).
2. Maintain written records and directions for delegation: Delegations under ss 42-43 must be in writing and delegates must comply with written directions from the delegator (ss 42(1)-(2), 43(1)-(3)). Preserve delegation instruments and directions in departmental records.
3. Implement Secretary’s certification procedures: The Secretary will certify that costs are reasonable for a payment to be made under s 21(2). Establish internal procedures to assess reasonableness, including guidelines for disbursement categories, hourly rates, and market comparators, and ensure those procedures are transparent to applicants to reduce disputes.
4. Monitor and inform: The Secretary must monitor expenditure strategies by applicants and inform the approving official if expenditure is unreasonable (s 24). Implement monitoring workflows and triggers for escalation to the approving official.
5. Plan for reporting and confidentiality checks: The Attorney‑General must inform Parliament about approvals and table consolidated statements (s 25). Implement a consultation mechanism with the Commissioner and Inspector to determine whether disclosure may compromise a NACC Act process and to maintain records of those consultations and any exclusions or deferred disclosures (s 25(2)-(4)).
6. Manage recovery steps: Where the Commonwealth has a recovery claim under s 22(1), ensure legal and administrative capacity to direct and supervise recovery steps and to certify reasonable recovery expenses where appropriate (s 22(2)).

Recordkeeping and evidentiary best practice for all applicants

• Preserve receipts, booking confirmations, medical documentation supporting disability adjustments, counsel invoices, and contemporaneous correspondence that evidences the causal link between parliamentary duties and the eligible matter if relevant to a parliamentarian’s application. The instrument’s eligibility, reasonableness and ineligibility provisions turn on documentary evidence (ss 6(4), 7(5), 20(2), 21(2), 23).

Timing considerations

• The Attorney‑General may defer decisions until an appropriate point in the eligible matter (s 20(5)). Applicants should account for the possibility of deferred approval and plan financial arrangements accordingly.
• Annual reporting deadlines are specific: the Attorney‑General must table a consolidated statement within three months after the end of each financial year (s 25(1)(b)); the Commissioner’s and Inspector’s annual report particulars are to be complied with for each financial year (ss 26-41).

In sum, compliance requires careful documentary preparation, awareness of the Secretary’s certification role, attention to the causal tests for parliamentarian assistance, readiness for monitoring and recovery obligations and a clear internal delegation and direction framework to ensure that decision‑makers act within the instrument’s constraints.