“I think there’s an argument, subject to the precise contractual details, to suggest this matter should be referred to the NACC and it might be its first case and a very good one,” Whealy said, because it would serve as education to other consultants.
Geoffrey Watson, SC, a director at the Centre for Public Integrity, said it was impossible to know whether Collins and PwC’s conduct was covered by anti-corruption legislation without knowing their exact relationship to the government. But, he said, “if this kind of conduct isn’t covered by the NACC, it’s the first clear instance where the legislation is inadequate to deal with all necessary circumstances”.
Much like the state anti-corruption commissions, the NACC will be able to make findings of fact and express opinions in a report, but these will not involve a determination of criminal liability.
The NACC is expected to refer the evidence of alleged criminal conduct to law enforcement agencies such as the AFP.
Three of PWC Australia’s senior executives, including local boss Tom Seymour, have stepped down after a 148-page document was publicly released last week. It detailed evidence from a Tax Practitioner’s Board investigation which revealed how the confidential information on plans to combat multinational tax avoidance was shared widely among other staff and partners within the multinational firm, and marketed to clients.
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