The ICAC is the abbreviation of the Independent Commission Against Corruption. It is PNG’s national anti-corruption agency. It is established in the PNG Constitution to contribute, in cooperation with other agencies, to preventing, reducing, and combating corrupt conduct.  

Yes. the ICAC is a state service because it was established by the Government through a constitutional amendment and is also funded by the Government.  it can also be directly or indirectly supported by international donors.  As the title notes, it is also independent – see ‘how is the independence of the ICAC ensured’ below. 

The ICAC is led by the Commissioner and its two Deputy Commissioners. These positions form the ‘Members of Commission’ for the ICAC. They are appointed by the Head of State or the Governor General acting on the advice or recommendation of the ICAC Appointments Committee.  

The Appointments Committee is made up of the Prime Minister (Chairperson), the  

Opposition Leader, the Chief Justice, The Chairman of the Public Service Commission, and the Chairperson of the PNG Council of Churches.

You can learn more about the ‘Members of Commission’ here. 

The independence of the ICAC is ensured through the following ways: 

1. The performance of its functions and powers is not subject to the control of any person or authority. 

1. Its proceedings and decisions relating to the exercise of its functions and powers are not subject to review in any way, except by the Supreme or the National Court on the basis that it has exceeded its jurisdiction.  

The ICAC is both an integrity agency and a law enforcement agency. The ICAC focuses on investigating allegations of corrupt conduct and prosecuting criminal elements that amount to indictable or serious corrupt conduct. 

Not all complaints will be investigated by the ICAC.  Complaints that may more appropriately be handled by another agency or department will be referred to them.  The ICAC may elect to continue to consider the complaint in conjunction with that other agency or department. 

The ICAC is more likely to investigate allegations of systemic corruption – corrupt conduct that has become institutional norms to improve accountability and governance of public bodies and institutions. The ICAC is more likely to investigate matters that have a significant public interest. It can work with the department or institution in question to strengthen it through policy changes, corruption risk measures and or amendment to laws. 

The ICAC can act upon issues that come to its attention and where no complaint has been made. For example, it may act upon the recommendations by the Ombudsman Commission in its investigative reports to remedy compliance or systemic issues under its traditional role. This is called an ‘own motion’ investigation.

The ICAC also has a prevention mandate, which is required by the OLICAC. The ICAC can conduct research, make recommendations, provide training and awareness activities, work with the public to foster support, public materials, make public statements and work in cooperation with other agencies and bodies.

The Ombudsman Commission focuses on integrity issues relating to misconduct in office by leaders under the Leadership Code. It also focuses on compliance issues through its traditional ombudsman role. 

The Royal PNG Constabulary (the Police) are a law enforcement agency. RPNGC cover a wider range of criminal matters including corruption and fraud, have a broader remit to all crime types – for example: murder, theft and domestic violence, etc. 

Yes. A complainant may report an alleged or suspected corrupt conduct anonymously in writing, over the phone or in person. Complainants who report either through a telephone call or physically at the office can ask the ICAC not to disclose their physical identity.  

The ICAC may decide to accept a complaint that does not include the complainant’s identity or contact details or both. 

Corrupt conduct means any conduct, act, or omission that is defined in any Organic Law as corrupt conduct. Therefore, under the OLICAC corrupt conduct can mean the following: 

• The conduct is or involves, or is engaged with the purpose of: 

1. dishonestly exercising official functions; or 
2. abusing official functions; or 
3. exercising official functions in a way that is not impartial; or 
4. misusing information or material acquired in the course of official functions; or 
5. obstructive, interfering, or perverting the administration of justice; and

• The conduct could amount to a disciplinary or criminal offence.  

• The conduct of a person (whether or not a public official) is corrupt conduct if:
  1. the conduct does or could affect or influence any of the conduct referenced above; and  
  2. the conduct could amount to a disciplinary or criminal offence.

• The conduct of any person (whether or not a public official) is corrupt conduct if the conduct:

1. allows, encourages, causes, aids, abets, incites, induces, counsels, procures, or assists to conceal corrupt conduct; or 
2. is an attempt, preparation, or conspiracy to commit corrupt conduct; or 
3. is directly or indirectly connected with, or is a part of a course of activity involving corrupt conduct. 

Conduct may be considered corrupt conduct regardless of whether the conduct or part of the conduct occurred before the commencement of the OLICAC.

Public officials are any person employed by the government in any position either in a national government agency, provincial or local level government. It also includes Judges and Members of Parliament or constitutional office holders.

Consultants (who may not be public officials) working with a government agency or office, persons either working as casuals or on short term contracts with a government agency are also public officials under the OLICAC.

No. The ICAC will prioritise investigations into allegations of serious or systemic corrupt conduct or matters of significant public interest.  Other matters will be referred to other law enforcement agencies or bodies. 

The ICAC may develop and apply priority criteria for determining which matters it investigates.

The ICAC will investigate public officials. A public official is a person who is:  

1. subject to Leadership Code (for example, a Member of Parliament or a departmental head etc). 
2. a member of staff, an officer, or a member of a public body; or 

1. a person: 

1. employed, engaged, or contracted to perform services for a public body or public official in their official capacity; or 

1. engaged or contracted to act on behalf of a public body or public official in their official capacity; or 

1. a person appointed to an office or position by the Governor-General. 

The definition applies to the public official regardless of whether that person is –  

1. paid or unpaid; or 

1. elected or appointed; or 

1. temporarily or permanently engaged, employed, or appointed.

The ICAC seeks to prevent corruption in the PNG government by: 

• Investigating allegations thoroughly and reporting on what is discovered; 
• Identifying best practice across PNG and internationally;  
• Promoting collaboration and good governance across the PNG government; and
• Educating the public sector (and the public) about corruption, and how to prevent it in the future. 

So the best way to learn how to prevent corruption is to engage with the ICAC. You can follow us on social media, attend our events, read our publications and above all, try to do the right thing.