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Revenue NSW Condemned for Settlement Clauses Blocking Integrity Complaints

Revenue NSW’s leadership has pledged to implement the Ombudsman’s recommendations after integrity agencies urged a formal directive, spurring calls for broader scrutiny of settlement practices.

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NSW ICAC chief commissioner John Hatzistergos (r). (AAP Image/Paul Miller)
Hand holding a folded up piece of paper, police sign in the distance

Overview

  • The NSW Ombudsman’s special report tabled on July 7 found that June settlement deeds required complainants to cease or withdraw allegations lodged with the Ombudsman, ICAC or other statutory bodies.
  • Ombudsman Paul Miller labelled the deed provisions “deeply concerning, inappropriate and unacceptable” and warned they created a chilling effect on integrity oversight.
  • ICAC chief commissioner John Hatzistergos warned that enforcing such provisions would amount to unlawful detrimental action and supported a government-wide directive to all agencies.
  • Scott Johnston, deputy secretary of State Revenue, admitted the complaint-blocking terms were neither appropriate nor acceptable and confirmed Revenue NSW will adopt the Ombudsman’s recommendations.
  • The Centre for Public Integrity has urged a full government-wide audit to identify any similar non-complaint clauses, a review the Premier’s Department is now weighing.