Fraud and Corruption Control
Framework
July 2015
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Contents
Introduction .............................................................................................................. 4
Definitions ................................................................................................................. 4
Corruption ............................................................................................................... 4
Fraud ...................................................................................................................... 5
Misconduct ............................................................................................................. 5
Policy Scope ............................................................................................................. 6
Policy Statement ...................................................................................................... 7
Fraud and Corruption Control ................................................................................. 7
1. Planning and resourcing ................................................................................... 7
Roles and responsibilities ................................................................................... 8
2. Prevention ...................................................................................................... 10
3. Detection ........................................................................................................ 12
Observation and awareness by all employees .................................................. 12
Risk Management System ................................................................................ 12
Internal audit ..................................................................................................... 12
External audit .................................................................................................... 12
Mechanisms for reporting .................................................................................. 13
Public Interest Disclosure (Whistle-Blower Protection) ..................................... 13
4. Response ....................................................................................................... 13
Responding to Fraud and Corruption Incidents ................................................. 14
Preliminary Assessment .................................................................................... 14
Investigations .................................................................................................... 14
Disciplinary Procedures .................................................................................... 15
External Reporting requirements....................................................................... 15
Recovery and Legal Proceedings ..................................................................... 16
Insurance .......................................................................................................... 16
Staff communication, education and awareness ................................................ 16
Monitor, Review and Evaluation ........................................................................... 17
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Performance indicators ......................................................................................... 17
Stakeholders, Client and Community Awareness ............................................... 18
References .............................................................................................................. 18
Accountability Framework .................................................................................... 19
Policies and procedures ....................................................................................... 19
Legislation ............................................................................................................ 19
Across government requirements ......................................................................... 20
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Introduction
The Department of Local Government and Communities (hereinafter referred to as
the Department) is committed to ensuring it promotes a high standard of integrity and
accountability by:

demonstrating professional behaviour consistent with our role and values, and

operating in an environment of openness, probity and accountability in all
aspects of its operations.
The purpose of this Fraud and Corruption Control Framework (hereinafter referred to
as the Framework) is to provide direction on the strategies adopted by the
Department for implementing and monitoring fraud and corruption prevention,
detection and response initiatives and activities.
The Framework has been developed referencing the Australian Standard AS80012008 Fraud and Corruption Control and forms an integral part of the Department’s
Risk Management Framework.
Definitions
Corruption
Corruption is defined by Australian Standard AS8001 – 2008 as:
“Corruption is dishonest activity in which an employee or contractor of the
Department acts contrary to the interests of the Department and abuses their
position of trust in order to achieve some personal gain or advantage for themselves
or for another person or organisation. The concept of ‘corruption’ can also involve
corrupt conduct by the Department, or a person purporting to act on behalf of and in
the interests of the Department, in order to secure some form of improper advantage
for the Department.”
Corruption is any deliberate or intentional wrongdoing that is improper, dishonest or
fraudulent and may include:

conflict of interest;

failure to disclose acceptance of gifts or hospitality;

acceptance of a bribe;
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
misuse of internet or email; or

release of confidential or private information or intellectual property.
Corrupt conduct tends to show a deliberate intent or an improper purpose and
motivation and may involve conduct such as the deliberate failure to perform the
functions of office properly; the exercise of a power or duty for an improper purpose;
or dishonesty.
Fraud
Fraud is defined by Australian Standard AS8001 – 2008 as:
“Dishonest activity causing actual or potential financial loss to any person or entity
including theft of monies or other property by employees or persons external to the
entity and where deception is used at the time, immediately before or immediately
following the activity.”
This also includes the deliberate falsification, concealment, destruction or use of
falsified documentation used or intended for use for a normal business purpose or
the improper use of information or position for personal financial benefit.
The theft of property belonging to an entity by a person or persons internal to the
entity by where deception is not used is also considered ‘fraud’ for the purposes of
this Standard.
Note: the concept of fraud within the meaning of the standard can involve fraudulent
or corrupt conduct by internal or external parties targeting the entity or fraudulent or
corrupt conduct by the entity itself targeting external parties.
Fraud can take many forms including:

the misappropriation of assets;

the manipulation of financial reporting (either internal or external to the
Department); and

corruption involving abuse of position for personal gain.
Misconduct
Serious misconduct as defined by the Corruption, Crime and Misconduct Act 2003
is when a public officer:

acts corruptly or corruptly fails to act in the course of their duties; or
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
corruptly takes advantage of their position for the benefit or detriment of any
person; or

commits an offence which carries a penalty of two or more year’s
imprisonment.
Minor misconduct as defined by section 4(d) of the Corruption, Crime and
Misconduct Act 2003 occurs if a public officer engages in conduct that:

adversely affects , or could adversely affect, directly or indirectly, the honest
or impartial performance of the functions of a public authority or public officer,
whether or not the public officer was acting in their public officer capacity at
the time of engaging in the conduct; or

constitutes or involves the performance of his or her functions in a manner
that is not honest or impartial; or

constitutes or involves a breach of trust placed in the public officer by reason
of his or her office or employment as a public officer; or

involves the misuse of information or material that the public officer has
acquired is in connection with his or her functions as the public officer,
whether the misuse is for the benefit of the public officer or the benefit or
detriment of another person
and constitutes, or could constitute;

a disciplinary offence providing reasonable grounds for termination of a
person’s office or employment as a public service officer under the Public
Sector Management Act 1994 (whether or not the public officer to whom the
allegation relates is a public service officer or is a person whose office or
employment could be terminated on the grounds of such conduct).
Policy Scope
This document applies to:

all employees whether by way of appointment, secondment, contract,
temporary arrangement or volunteering, work experience, trainees and
interns; and

any external party involved in providing goods or services, with or without
receipt of payment, to the Department, such as contractors, consultants,
outsourced service providers and suppliers.
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Policy Statement
The Department is committed to an organisational culture that promotes a high
standard of integrity and accountability by demonstrating professional behaviours
that are consistent with our role and values and provides clear direction in supporting
an effective risk management strategy, including fraud and corruption risk.
The Department has zero tolerance to fraudulent and corrupt conduct.
All employees have a key responsibility to safeguard against damage and loss
through fraud, corruption or misconduct. All employees have an obligation to support
efforts to reduce associated risk by behaving with integrity and professionalism in
undertaking their duties.
Where employees detect suspected or actual fraud and corruption they have a
responsibility to take all necessary steps to report such conduct as required under
the Department of Local Government and Communities Code of Conduct, relevant
statutes, instructions and standards.
Suspected fraud or corruption will be reported, investigated and resolved in
accordance with internal policies and relevant legislation. All legal obligations to the
principles of procedural fairness and natural justice will be met.
Fraud and Corruption Control
Fraud and corruption control requires the implementation of a number of key
strategies which contribute to an effective control framework:
1. Planning and resourcing
The Framework is an integral part of the Department’s overall risk management
system and details its approach to fraud and corruption prevention, detection,
response and monitoring and evaluation initiatives.
The Framework will be monitored regularly by the Audit and Risk Management
Committee and reviewed every two years, or as considered necessary, taking into
account any changes to the Department’s business and operating environment,
including the impact of fraud and corruption risks.
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Roles and responsibilities
Director General

Legislated responsibility to exercise authority on behalf of the Department.

Overall accountability for prevention and detection of fraud and corruption
within the Department.

Ensure integrity and accountability in the performance of the Department’s
functions.

Manage the Department’s operations and resources ensuring service delivery
is effective and efficient.

Promote continual evaluation and improvement of the Department’s
management practices.
Executive Director Corporate Services

Delegated authority for fraud and corruption control and acts as ‘sponsor’ of
the risk management process, including fraud and corruption.

Chair of the Audit and Risk Management Committee.

Oversee the development, implementation and continued management of the
fraud and corruption control plan.

Provide accurate and timely advice to the Director General, Audit and Risk
Management Committee and Ethics and Accountability Committee on fraud
and corruption matters.

Promote the implementation of effective risk management practices, in
relation to fraud and corruption.

Ensure training and awareness programs are comprehensive and designed to
assist employees, contractors and stakeholders to identify, prevent and detect
fraud and corruption, including methods of reporting.
Audit and Risk Management Committee

Oversight of risk management, including fraud and corruption control.

Provide advice to the Director General, including potential fraud and
corruption matters and recommendations.

Review governance processes to ensure all matters relating to alleged fraud
and corruption or unethical conduct are dealt with appropriately.
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
Review the Department’s Risk Management Framework for identifying,
monitoring and managing business risk, including risks associated with fraud
and corruption.

Review the Strategic Internal Audit Plan annually to ensure it covers fraud and
corruption risks.
Senior Management Commitment

Encourage and maintain a culture and working environment that fosters
personal responsibility, integrity and accountability.

Develop and maintain best practice for the prevention and detection of fraud
and corruption and ensuring due consideration is given to confidentiality,
natural justice and procedural fairness pertaining to any reported incidents.
Corporate Strategy, Planning and Governance

Develop, implement and monitor the fraud and corruption control plan in
consultation with divisional business areas.

Coordinate, monitor and review the fraud and corruption risk assessment
process.

Implement fraud and corruption strategies with divisional business areas,
including internal and external audit recommendations.

Record and collate fraud and corruption incident reports.

Coordinate investigations into allegations of fraud and corruption.

Provide reports to the Audit and Risk Management Committee on fraud and
corruption as necessary.
Employees

Understand responsibilities associated with performing their official duties and
commit to acting ethically and with integrity in accordance with the
Department’s Code of Conduct and other relevant policies and procedures.

Contribute to the development of improved systems, policies and procedures
to enhance the Department’s prevention of fraud and corruption.

Undertake awareness training and education.

Report all suspected or actual incidents of fraud and corruption that they may
be aware of to an appropriate officer being:
o Line Manager
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o Director
o Executive Director
o Executive Director Corporate Services
o Director General
Alternatively, employees can make a Public Interest Disclosure under the Public
Interest Disclosure Act 2003.
Further information can be obtained from the Department’s Public Interest Disclosure
Guidelines or the Public Sector Commission’s website.

Provide any necessary information and cooperation in the conduct of any
such assessment or investigation in relation to an incident.
External parties or contractors
All external parties or contractors who become aware of any suspected fraud and or
corruption within the Department should contact the Director General or the
Corruption and Crime Commission with relevant information.
Internal Audit Activity in the control of fraud and corruption
Internal audit activity has been demonstrated to be an effective mechanism in the
prevention and detection of fraud and corruption by ensuring due adherence to
internal control systems.
The Department has contracted an independent internal auditor under Common Use
Agreement 23706.
2. Prevention
Robust internal controls and systems are a prime defence mechanism against fraud
and corruption. The Department demonstrates these by:

Adopting and encouraging a workplace culture based on the Western
Australian Public Sector Code of Ethics and the general principles of official
conduct prescribed by the Public Sector Management Act 1994.

Endorsing a workplace Code of Conduct which reinforces a commitment to
promoting a high standard of integrity and accountability by demonstrating
professional behaviours that are consistent with the Department’s role and
values. The Code of Conduct (Principle 3) covers fraud and corruption.
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
A commitment from senior management to be role models and demonstrate
ethical and accountable behaviour by their actions.

Establishing a strategic Ethics and Accountability Committee responsible for
identifying and implementing strategies to develop and maintain a strong
culture of professionalism, ethics, accountability and intolerance of breaches
of conduct.

Ensuring all employees participate in and complete the mandatory Induction
Program and Accountability and Ethical Decision Making Training.

Involving employees in the Performance Development Program, a process
which provides clarity to employees about what is expected of their behaviour
and work performance, required outcomes, and how they contribute to the
team and departmental strategies.

Ensuring effective management of conflict of interests as per the
Department’s Conflict of Interest Guidelines.

Establishing effective reporting mechanisms and protection for employees
making disclosures about fraud and corruption activities. The Department has
published Public Interest Disclosure Guidelines to document this process.

Promoting, practising and adhering to risk management policies and
procedures, ensuring risk assessments are conducted and treatment plans
developed to address identified risks as required.

Pre-employment screening to verify qualifications, suitability and experience
of a potential candidate for employment. Techniques used can include
confirmation of qualifications, verification of employment background, referee
and criminal history checks.

Supplier and customer screening to verify credentials.
o Contracts entered into by the Department for goods and services that are
relatively low risk and value are awarded either through the Department
of Finance Whole of Government Common Use Arrangement or, if
outside a Common Use Arrangement, are contracted in accordance with
the State Supply Commission Supply Policies. All preferred providers
under the Common Use Arrangement have undergone stringent
assessment.
o Funding and grants contracts entered into by the Department are subject
to rigorous screening and assessment processes.
o Concessions, rebates, benefits provided by the Department are subject
to rigorous screening and assessment processes.
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3. Detection
The Department has the following measures in place to identify and detect incidents
of fraud and/or corruption:
Observation and awareness by all employees
Through the Department’s Code of Conduct and Accountable and Ethical Decision
Making training, staff have knowledge and understanding of how to respond if fraud
and corrupt activity is detected or suspected. Detection of fraud or corruption often
requires specialised and knowledge of the business area where the activity may be
perpetrated. However the presence of indicators of fraud does not necessarily mean
that fraud is occurring; they may be the result of other factors.
Risk Management System
The Department has a Risk Management system in place for the identification,
analysis, evaluation and treatment of risk, including fraud and corruption, and a
process to monitor and review on a regular basis.
The application of risk management principles and techniques in the assessment of
the risk of fraud and corruption must be carried out within the Risk Management
Framework as adopted by the Department.
Internal audit
Internal Auditing is an independent evaluation and assurance activity that assists the
Department to improve the effectiveness of its risk management, control and
governance processes.
The Department’s internal audit function is currently outsourced to SR Governance
(Common Use Arrangement 23706), who operates in accordance with the Institute of
Internal Auditors’ Standard. Two officers from this organisation attend meetings of
the Audit and Risk Management Committee providing advice and guidance as well
as findings and recommendations associated with audits conducted in line with the
Strategic Internal Audit Plan.
External audit
External auditors are responsible for planning and performing an audit to obtain
reasonable assurance that the Department’s financial statements are free of material
misstatement, whether caused by fraud or error.
The ‘Australian Auditing Standard ASA 240 – The Auditor’s Responsibilities Relating
to Fraud in an Audit of a Financial Report’ details the external auditor’s
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responsibilities in relation to fraud and ensuring an attitude of professional scepticism
is maintained throughout the audit, considering the potential for management
override of controls and recognising the fact that audit procedures that are effective
for detecting error may not be effective in detecting fraud.
The Department’s Audit and Risk Management Committee has a representative
officer from the Office of the Auditor General, as an observer to comment and offer
guidance, as required.
Mechanisms for reporting
It is mandatory to report known or suspected fraud and/or corruption through one or
more of the channels outlined below:

Reporting should, in the first instance, be to an officer’s immediate manager,
or the next level senior officer if more appropriate.

However, an officer may feel more comfortable reporting their suspicions to
the Executive Director Corporate Services or a Public Interest Disclosure
Officer, as identified on the Department’s intranet.

Staff may also report directly to the Corruption and Crime Commission if
desired. The Corruption and Crime Commission does not require callers to
provide their personal details or reveal their identity, but anonymous reports
are difficult to assess and will be treated with scepticism until supporting
evidence is gained through a preliminary independent investigation.
Public Interest Disclosure (Whistle-Blower Protection)
The Public Interest Disclosure Act 2003 facilitates the disclosure of public interest
information, enabling anyone to make disclosures about improper or unlawful
conduct within the State Public Sector, local government and public universities
without fear of reprisal. The Public Interest Disclosure Act 2003 also provides
protection for those who are the subject of a disclosure.
4. Response
Employees are sometimes reluctant to become involved in a matter of suspected
fraud and corruption by a co-worker. Employees should be mindful that such
behaviour is likely to continue and become substantially worse the longer it occurs.
The failure to take action to stop, or to report suspected fraud and corruption may
place employees in breach of the Department’s Code of Conduct - Principle 7 Reporting suspected breaches of the code.
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The function of reporting an incident of fraud or corruption is quite separate from
investigating, and not all reports will result in an investigation.
Responding to Fraud and Corruption Incidents
Suspected fraud will be assessed, reported and if necessary investigated in
accordance with the Public Sector Management Act 1994 and the Department’s
policies and procedures.
Where an employee is not employed under the Act, the assessment and if
necessary, the investigation will be conducted in accordance with the principles of
confidentiality, procedural fairness and natural justice.
The Director General will be advised of all incidences of alleged fraud and be
provided with regular updates on the progress of any investigation.
The Audit and Risk Management Committee will be informed of all instances of
alleged fraud and the status of investigations to consider and ensure controls are
appropriately designed and implemented.
Civil action to recover misappropriated public funds or property will be at the
discretion of the State or Director General, as applicable.
Preliminary Assessment
All reported incidents of known or suspected fraud or corruption will be subject to a
preliminary assessment by the Department to determine whether the behaviour
meets the threshold for reporting to the Corruption and Crime Commission or
whether the actions involve a less serious breach of trust, element of dishonesty or
lack of integrity and are reportable to the Public Sector Commission.
The assessment will be undertaken by the Executive Director Corporate Services (or
delegate) and a recommendation will be provided to the Director General.
Where there is evidence of wilful and deliberate misconduct, the Director General is
required to report the allegations to the Corruption and Crime Commission (serious
misconduct) or the Public Sector Commission (minor misconduct). Less serious
allegations will be dealt with internally in accordance with departmental disciplinary
procedures.
Investigations
The Corruption and Crime Commission (serious misconduct) or the Public Sector
Commission (minor misconduct) will determine the most appropriate action in
responding to the allegations of fraud or corruption and may include:
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
investigation by the Department;

investigation by the Corruption and Crime Commission, the Public Sector
Commission or another independent agency, such as the Ombudsman, or the
Auditor General;

alternative further action, if the allegation is deemed not to be misconduct, not
in the public, or outside the Corruption and Crime Commission or Public
Sector Commission jurisdiction; or

require no further action.
If the Corruption and Crime Commission or the Public Sector Commission refers the
investigation back to the Department, an assessment will be made on a case by
case basis as to whether the matter will be investigated internally or an external
investigator appointed.
Disciplinary Procedures
Appropriate disciplinary action will be taken against officers involved in any
misconduct incident in accordance with the Department’s relevant policies and
procedures for misconduct.
External Reporting requirements
Where fraudulent and corrupt activity is suspected as criminal, the Director General
will determine notification to relevant authorities.

Corruption and Crime Commission
Under section 28 of the Corruption, Crime and Misconduct Act 2003 the
Director General is required to notify the Corruption and Crime Commission in
writing of any reasonable suspicion that serious misconduct may have
occurred. Following notification the Corruption and Crime Commission may
determine to investigate or take other action in relation to the matter.

Western Australia Police
The Director General will determine whether any information that raises a
suspicion of criminal conduct is to be referred to the Western Australian Police
(in addition to notifying the Corruption and Crime Commission), for advice and
possible investigation.
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Recovery and Legal Proceedings
The Department may seek to recover any money or assets lost due to incidents of
fraud and corruption; and undertake criminal or civil actions as deemed appropriate.
Insurance
Treasury Instruction 812 on Insurance requires the Accountable Authority to ensure
that there is an appropriate level of insurance cover over all insurable risks faced by
the Department and where practicable, these arrangements should be reviewed
before renewal.
The Department maintains Fidelity Insurance through the Insurance Commission of
Western Australia (RiskCover). This insurance is reviewed based on fraud and
corruption incidents within the Department.
The Fidelity Insurance certificate is held by the Department’s Finance team, (Assets
and Facilities Branch).
Staff communication, education and awareness
Staff bulletins will be regularly broadcast to all officers on the Department’s Intranet
or global emails. This will ensure all officers are reminded of their obligations to
identify and report suspected fraud and/or corruption.
Mandatory training in the following modules is required by all new officers, with
refresher training scheduled at regular intervals during employment with the
Department. These modules include:

Induction;

Code of Conduct;

Accountable and ethical decision making; and

Record-keeping awareness.
The Department uses a variety of education and awareness strategies to foster an
accountable and ethical organisational culture and strengthen resistance to fraud
and corruption:

Code of Conduct is available to all staff on the Department’s Intranet.

All officers are required to read the Code of Conduct and acknowledge the
conduct and behaviour required for working in the Department is understood.
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
The Director General and senior management demonstrate commitment to
fraud and corruption control by leading by example and participating in
training sessions.

The Executive Director Corporate Services has delegated authority and acts
as ‘sponsor’ of the risk management process, including fraud and corruption.

The Framework is accessible to all officers on the Department’s Intranet.

Dissemination of Public Interest Disclosure Guidelines to all officers on the
Department’s Intranet and the publication of Public Interest Disclosure
officers’ details.

Reinforcement of the Department’s zero tolerance attitude to fraud and
corruption demonstrated by prompt response to incidents.
Monitor, Review and Evaluation
The effective monitoring, review and evaluation of the Framework is a mechanism by
which the Department can demonstrate accountability and provide assurance that
legislative and governance requirements are being met.

A Fraud and Corruption Register will be used to capture all instances of
suspected fraud and corruption.

Following an incident or investigation where fraud or corruption was
substantiated, the Coordinator Corporate Governance will conduct a review to
determine the failure of internal controls and corrective measures to be taken.

Regular review of the fraud and corruption control plan for adequacy and
effectiveness of controls and the analysis of trends.

A review of the Framework will be performed every two years to identify
systemic control weaknesses and to take into account changes to business
operations, legislation or any other significant development.
Performance indicators
There are performance indicators as follows:

Total number of incidents and the number of open incidents
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
Percentage of current staff with training

Percentage of new staff receiving induction training

Level of perceived risk of fraud and corruption
Stakeholders, Client and Community Awareness
The Framework will be communicated externally by publishing on the Department’s
website, making it accessible for all stakeholders, clients and community members.
The Department’s zero tolerance to fraud and/or corruption will be referenced in the
annual report as part of the risk management plan.
References

Australian Standard AS/NZS ISO 31000:2009 Risk management – Principles
and guidelines

Australian Standard AS 8001-2008 Fraud and Corruption Control

Australian Auditing Standard ASA 240 – The Auditor’s Responsibilities
Relating to Fraud in an Audit of a Financial Report

Australian National Audit Office – Fraud Control in Australian Government
Entities – Better Practice Guide (March 2011)

Notification of misconduct in Western Australia – a joint information resource
prepared by the Public Sector Commission and the Corruption and Crime
Commission on misconduct as defined by the Corruption, Crime and
Misconduct Act 2003 – 1 July 2015

Western Australian Auditor General’s Report: Fraud Prevention and Detection
in the Public Sector – Report 7 – 30 June 2013

Department of Culture and the Arts Fraud and Corruption Control Plan August
2014
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Accountability Framework
Policies and procedures

Accountability Ethical Decision Making Training

Access to and management of Personal Information Policy

Audit and Risk Committee Charter

Code of Conduct – Principle 3: Fraudulent and Corrupt Behaviour

Complaints Management Policy

Conflict of Interest Guidelines

Criminal History Checks

Discipline Policy and Procedures

Financial Management Manual

Flexible Working Hours Policy

Internal Audit Charter

Leave Management Policy

Misconduct Prevention Policy

Public Interest Disclosure Guidelines

Purchasing Card Policy

Recruitment, Selection and Appointment Policy

Reporting and Handling Misconduct Policy

Risk Management Framework

Screening Policy

Travel Approval and Reimbursements Policy
Legislation

Public Sector Management Act 1994
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o Section 9: Principles of conduct by public sector bodies – Act with
integrity in the performance of official duties and are to be scrupulous in
the use of official information, equipment and facilities

Corruption and Crime Commission Act 2003
o Section 4: Misconduct

Corruption, Crime and Misconduct Act 2003

Criminal Code Act Compilation Act 1913
o Section 409: Fraud

Criminal Code Chapter XIII: Corruption and Abuse of Office

Financial Management Act 2006
o Treasurer’s Instruction – 812 - Insurance - requires the Accountable
Authority to ensure that there is an appropriate level of insurance cover
over all insurable risks faced by the Department and where practicable,
these arrangements should be reviewed before renewal.
o Treasurer’s Instruction – 825 - Risk management and security - Public
sector bodies should safeguard assets from misuse and loss due to theft
or damage.

Public Interest Disclosure Act 2003

State Records Act 2000
Across government requirements

Filling a public sector vacancy (Commissioner’s Instruction Number 2) - sets
out the requirements which apply when filling a vacancy in the Western
Australian public sector.

Code of Ethics (Commissioner’s Instruction Number 7) - Outlines the
minimum standards of conduct and integrity to be complied with by all public
sector bodies and employees.

Codes of conduct and integrity training (Commissioner’s Instruction
Number 8) – Requires all public sector bodies to have a code of conduct and
ensure Accountable and Ethical Decision Making Training is provided to
employees.
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