What is fraud?
Fraud is defined by the Commonwealth Fraud and Corruption Control Framework as dishonestly obtaining (including attempting to obtain) a gain or benefit, or causing a loss or risk of loss, by deception or other means.
What is corruption?
Corruption, in relation to an entity, is defined by the National Anti-Corruption Commission Act 2022 as any conduct that does or could compromise the integrity, accountability or probity of public administration. Corruption may be criminal or non-criminal in nature and may affect any aspect of public administration.
Examples of fraud and corruption
Examples of behaviours that may amount to fraud or corruption against our agency include:
- examiners or officials requesting or accepting bribes, secret commissions, or kickbacks
- forgery of IP Australia or Commonwealth material such as letters, invoices or other notices
- examiners or officials acting (or not acting) in the presence of a conflict of interest
- unlawful disclosure of government information
- insider trading—misusing official information to gain an unfair advantage for self or others
- false or misleading information provided as part of a procurement or recruitment process.
How we respond to fraud or corruption against our agency
Fraud and corruption against the Commonwealth are significant issues that erode public trust in government and public institutions.
We are committed to managing and responding to fraud and corruption risks and expect all our staff, contractors, and suppliers to act with integrity.
If you've seen or have been impacted by fraudulent behaviour when dealing us, you can report it directly to our fraud control team.
Ways we detect and prevent fraud and corruption
We have controls in place to prevent and detect fraud against IP Australia and alert us to cases of corruption within our operations. When we identify potential fraudulent or corrupt activity against our agency, we:
- investigate the matter within the scope of our legislative powers and if necessary engage with appropriate Commonwealth agencies such as the Australian Federal Police and the National Anti-Corruption Commission
- work with the Commonwealth Director of Public Prosecutions to prosecute offences against Commonwealth laws
- recover any losses through both civil actions in court and proceeds of crime action in partnership with the Australian Federal Police.
"We will take all reasonable measures to prevent, detect, and deal with fraud and corruption." IP Australia Director General Michael Schwager
Fraud and Corruption against the Commonwealth is a significant issue that impacts on all Australians and has the potential to seriously damage public confidence in the IP Ecosystem.
IP Australia is committed to maintaining the highest standards of integrity and ethical conduct in all its operations. We have no tolerance for dishonest, fraudulent or corrupt activities against the Commonwealth and are risk averse when it comes to fraud related matters.
We will take all reasonable measures to prevent, detect, and deal with fraud and corruption. Our approach to managing fraud and corruption risks complies with the Public Governance, Performance and Accountability Act 2013, Section 10 of the PGPA Rule 2014 (Fraud and Corruption Rule). Accountable Authority Instructions 1.3 and 1.8 provide instruction to staff on matters relating to fraud and corruption.
Our Fraud and Corruption Control Framework demonstrates our commitment to high ethical, moral, and legal standards and supports the building and maintaining of a pro-integrity culture.
As an agency, we will:
- promote awareness of fraud, corruption, and integrity to staff, contractors and suppliers
- provide support for prompt reporting of fraud and corruption
- assess and, where appropriate, investigate allegations of fraud and corruption
- take action, including referring matters to authorities including the Australian Federal Police (AFP), the National Anti-Corruption Commission (NACC) and law
- enforcement, where it is deemed suitable or necessary.
We expect all IP Australia staff, contractors and suppliers to act with integrity, uphold the APS Code of Conduct and Values, and be vigilant to the threats of fraud and corruption.
We recognise that not all fraud and corruption risks can be avoided or prevented. As an agency we are investing in monitoring and intelligence gathering activities, however we still need help to uncover fraud early. We encourage all staff, contractors, suppliers, and members of the public to engage with the ever-present risk of fraud and to report concerns, suspicions, or observations without delay.
Michael Schwager
Director General