Hashtag

The Property Pack

Anti-corruption commission would hold public hearings 'in exceptional circumstances'

  • Written by Michelle Grattan, Professorial Fellow, University of Canberra
The Conversation

The Albanese government’s proposed National Anti-Corruption Commission (NACC) would have a broad scope but only hold public hearings “in exceptional circumstances and where it is in the public interest to do so”.

The “exceptional circumstances” provision immediately came under some questioning after Attorney-General Mark Dreyfus announced the design of the commission on Tuesday. Dreyfus will introduce the legislation for the new body on Wednesday. The government expects to have it passed in November.

Independent MP Helen Haines, who has been in the forefront of the battle for a federal integrity body, said the reference to exceptional circumstances would be the first thing she would look at when the bill came.

Independent senator David Pocock said: “The independent commission should be able to make hearings public if they believe it is in the public interest, not be constrained to do so in ‘exceptional’ circumstances”.

Dreyfus justified setting the bar at “exceptional circumstances” by saying public hearings “raise questions about reputational harm, which are not faced when you hold private hearings.

"And that’s why most of these commissions’ work has been done in private. We would expect the same to occur with this new Commonwealth agency”.

The independent commission, for which the government is allocating $262 million over four years, will be able to investigate “serious or systemic corrupt conduct” across the Commonwealth sector.

Read more: Employers will have positive duty to prevent sexual harassment in workplaces, under new legislation

This covers politicians and their staff, statutory office holders, employees of all government entities and government contractors.

It will be able to initiate its own inquiries as well as respond to referrals including from whistleblowers and the public; it will also be able to investigate matters that occurred before its establishment.

Dreyfus made it clear the commission – which will be overseen by a parliamentary committee – would have a great deal of discretion in deciding what fell within its remit.

Asked whether various scandals that occurred under the Morrison government, such as the sports rorts affair, would warrant investigation as potentially corrupt conduct, Dreyfus said that would be a matter for the commission to decide.

On retrospectivity, it would be up to the commission how far back it went.

Dreyfus said the commission would be able to investigate third parties “whose conduct influences the improper conduct of a public official, or the failure by a public official to act impartially”.

The bill had “a very broad definition of corrupt conduct”, Dreyfus said.

Pressed on whether people would fear the commission was being given too wide a remit, Dreyfus said: “Well, people should be afraid if they’ve been engaged in corrupt activities”.

The legislation contains whistleblower protections, and separately the government is strengthening general protections for whistleblowers.

Read more: Crossbenchers seek assurances as anti-corruption bill is introduced this week

The attorney-general dodged questioning on whether anyone in the government might refer Morrison government scandals to the commission, but said it would be inappropriate for him, as minister responsible for the commission, to make referrals to the body.

Opposition leader Peter Dutton, who has had discussions with Anthony Albanese about the commission, said on the ABC Four Corners on Monday, “I’ve indicated publicly and privately to the prime minister that we will support a sensible integrity commission. I don’t want a show trial. I don’t want people’s lives destroyed.”

The bill will go to a parliamentary inquiry.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more https://theconversation.com/anti-corruption-commission-would-hold-public-hearings-in-exceptional-circumstances-191434

Health & Wellness

Electric Sit-Stand Desks for Specific Professions: Tailoring to Your Needs

Hashtag.net.au - avatar Hashtag.net.au

Electric sit-stand desks, a modern solution to sedentary work habits, are adjustable desks that allow users to transition between sitting and standing positions with ease. The primary function of th...

Protein Shakers: A Convenient Solution for Meal Replacement on the Go

Hashtag.net.au - avatar Hashtag.net.au

In today's fast-paced world, maintaining a balanced diet can be challenging, especially when time is limited. This is where protein shakers come into play. These handy gadgets serve a simple yet ess...

Veneers for Young Smiles: Children's Dentist Insights

Hashtag.net.au - avatar Hashtag.net.au

Introduction Veneers are thin shells of porcelain or composite resin that are bonded to the front surface of teeth to improve their appearance. While veneers are often associated with adult cosmeti...

Dental Implants in Perth: The Ultimate Guide to a Beautiful Smile

Hashtag.net.au - avatar Hashtag.net.au

Introduction A beautiful smile can boost your confidence and enhance your overall appearance. However, missing teeth can detract from your smile and impact your self-esteem. Dental implants have em...

Tomorrow Business Growth