1.0 Making a Report/Complaint
Anyone who reasonably believes or suspects that there has been an act of corruption in breach of the Anti-Corruption Law (2016 Revision) (the “Law”) should complete and submit a Report/Complaint Form as set out in Appendix 1 (the “Report/Complaint Form”) to the Anti-Corruption Commission (the “Commission”). Reports/complaints should be made as soon as reasonably practicable after becoming aware of the conduct in question.
2.0 Submission of Reports/Complaints
Reports/complaints should be submitted to the Commission via the Commissions Secretariat Manager (the “Manager”) to the following contact details:-
Should any member of the Commission receive a report/complaint it will be forwarded forthwith to the Manager.
Members of the public making reports/complaints are encouraged to use the Report/Complaint Form whenever possible. The Manager, or any member of the Commission, receiving a verbal report/complaint by telephone call or otherwise should also complete the Report/Complaint Form and submit it to the Commission.
The Commission will keep confidential any information that it receives or acquires during the course of its work or duties, except insofar as the disclosure of any such information is required to enable the Commission to exercise its functions under the Law or otherwise required by law or order of a competent court. It will ensure that it deals with information appropriately and uses it only for the proper purposes of the Commission.
4.0 Conflicts of Interest
The work of the Commission will not be compromised or affected by any personal interest of Members or staff. The public interest comes first on all such occasions. Conflicts of interest, or the perception that they have arisen or may arise, can do great damage to the reputation of the Commission and its staff. Members and staff will declare to the Commission any conflicts of interest or potential conflicts of interest immediately. The Commission has appropriate procedures for dealing with any such conflicts.
If, in the view of the Commission, there is any conflict of interest or perceived conflict of interest, the relevant Member or staff must recuse himself or herself from all consideration of the matter in question and shall not be entitled to any information regarding the disposition of the matter by the Commission.
5.0 Protection of Providers of Information
The Commission will make every effort to protect, as far as legally possible, the identity of those providing information to the Commission. The Commission will encourage a caller, if information is provided verbally, to identify himself or herself and provide contact details, as it is may be necessary in the future to seek additional information or clarification of information received. Information provided by a caller in such a manner will also be submitted to the Commission in a Report/Complaint Form completed by the Manager.
6.0 Reports/Complaints Procedure
6.1 Receipt and Recording of Reports/Complaints
Upon the receipt of a report/complaint, the Manager will assign the report/complaint a case number and record the same, including the time, place and manner in which the report/complaint was received.
6.2 Urgent Reports/Complaints
If urgent action appears necessary to the person making the report/complaint, this should be made clear in the report/complaint.
A report/complaint will be considered urgent by the Manager if it requires, or may require, immediate action in order to detect, prevent or otherwise deal with an alleged offence.
When an urgent report/complaint is received, the Report/Complaint Form shall be submitted to the Commission forthwith, with a summary (as set out in Appendix 2) (the “Summary”) and any information relating to the degree of urgency and risk (if any) noted therein.
If the report/complaint is considered urgent, the Commission may authorise an investigating officer to take immediate appropriate action, as required or permitted under the Law, to deal expeditiously with the matter as described in sections 6.4.1, 6.4.5 and 7 below.
6.3 Non-urgent Reports/Complaints
When a non-urgent report/complaint is received, the Manager shall place the matter on the next Commission meeting agenda along with the completed Report/Complaint Form and Summary.
6.4 Initial Assessment
In all cases, an initial assessment will be made by the Commission to determine whether the report/complaint (either individually or when combined with other reports/complaints or information received) discloses a potential offence under the Law and/or a related offence as provided under the Law, or whether further information is required.
Following the initial assessment, a report/complaint will be dealt with as follows:
Where the Commission reasonably suspects that an offence under the Law, or that a related offence under the Law has been committed, the Commission will proceed as set out at section 7 below.
Where the report/complaint does not fall within 1. above, but the Commission reasonably suspects that an offence under some other law or a regulatory breach has been committed, the Commission will refer the matter to the relevant investigatory agency/regulatory body.
Where the report/complaint does not fall within 1. or 2. above, but raises issues that, in the view of the Commission, should be brought to the attention of a Government department, statutory body or agency, the Commission may refer the matter to such Government department or statutory body or agency, as appropriate.
Where the report/complaint does not fall within 1., 2., or 3. above, no further action will be taken by the Commission. If further information of relevance to a report / complaint is later received by the Commission, it may review its decision in this regard.
Where the Commission determines that further information should be obtained before it can decide whether to proceed as outlined at 1., 2., 3. or 4. above, the Commission may direct such further enquiries to be made as appear reasonably necessary.
Where the Commission (after consultation with the Director of Public Prosecutions) is satisfied that a report/complaint is trivial, frivolous, vexatious or not made in good faith, or that investigation / further investigation would be unnecessary, improper or futile, the Commission will take no further action and the maker of the report/complaint will be so informed in writing.
Except as outlined at 6.6 above, the Commission has absolute discretion whether to inform the maker of a report/complaint that any action is (or is not) to be taken in relation to their report/ complaint. However, the Commission’s policy is to inform any identifiable maker of a report/ complaint of its decision and to give brief reasons, unless the Commission considers there is good reason not to.
It is also within the absolute discretion of the Commission whether to inform a person that they have been the subject of a report/complaint (and of its decision whether to take any action with respect to any such report/complaint).
The Commission will not disclose the identity of any person making a report/complaint unless required to do so by law.
7.0 Investigations Procedure - Suspected Corruption/Related Offences
7.1 Procedure following decision
Where a decision has been taken by the Commission that a report/complaint falls into section 6.1 above, the Commission shall direct an investigating officer to carry out an investigation into the matter.
7.2 Powers of investigators and legal advice
The investigators may seek to clarify issues by gathering further information, and by utilising all their powers under the Law and under the Criminal Procedure Code. Additionally, legal advice may be sought from the Office of the Director of Public Prosecutions in the course of an investigation. Investigators have powers of arrest and the power (exercisable with the approval of the Court) to obtain search warrants/production orders to obtain evidence or information.
The Commission will keep records of all aspects of the investigation. These records will be kept confidential, except when otherwise required or permitted by law or any competent court.
9.0 Referral to the Director of Public Prosecutions
The Commission will refer the results of its investigations to the Office of the Director of Public Prosecutions for disposition, where it appears that behaviour amounting to an offence under the Law, or any other offence, has been committed. This will include all relevant information and evidence known to the investigators.