The Times Australia
Google AI
The Times World News

.

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

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

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[1]

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[2]

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.

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

Times Magazine

With Nvidia’s second-best AI chips headed for China, the US shifts priorities from security to trade

This week, US President Donald Trump approved previously banned exports[1] of Nvidia’s powerful ...

Navman MiVue™ True 4K PRO Surround honest review

If you drive a car, you should have a dashcam. Need convincing? All I ask that you do is search fo...

Australia’s supercomputers are falling behind – and it’s hurting our ability to adapt to climate change

As Earth continues to warm, Australia faces some important decisions. For example, where shou...

Australia’s electric vehicle surge — EVs and hybrids hit record levels

Australians are increasingly embracing electric and hybrid cars, with 2025 shaping up as the str...

Tim Ayres on the AI rollout’s looming ‘bumps and glitches’

The federal government released its National AI Strategy[1] this week, confirming it has dropped...

Seven in Ten Australian Workers Say Employers Are Failing to Prepare Them for AI Future

As artificial intelligence (AI) accelerates across industries, a growing number of Australian work...

The Times Features

Surviving “the wet”: how local tourism and accommodation businesses can sustain cash flow in the off-season

Across northern Australia and many coastal regions, “the wet” is not just a weather pattern — it...

“Go west!” Is housing affordable for a single-income family — and where should they look?

For decades, “Go west!” has been shorthand advice for Australians priced out of Sydney and Melbo...

Housing in Canberra: is affordable housing now just a dream?

Canberra was once seen as an outlier in Australia’s housing story — a planned city with steady e...

What effect do residential short-term rentals have on lifestyle and the housing market in Brisbane?

Walk through inner-Brisbane suburbs like Fortitude Valley, New Farm, West End or Teneriffe and i...

The Sydney Harbour Bridge faces tolls once again — despite tolls being abolished years ago. Why?

For many Sydney motorists, the Harbour Bridge toll was meant to be history. The toll booths cam...

The Victorian Paradox: how Labor keeps winning elections even when it feels “unpopular”

If you spend any time in a Melbourne café, a tradie ute yard, a Facebook comments section, or th...

I’m heading overseas. Do I really need travel vaccines?

Australia is in its busiest month[1] for short-term overseas travel. And there are so many thi...

Mint Payments partners with Zip Co to add flexible payment options for travel merchants

Mint Payments, Australia's leading travel payments specialist, today announced a partnership with ...

When Holiday Small Talk Hurts Inclusion at Work

Dr. Tatiana Andreeva, Associate Professor in Management and Organisational Behaviour, Maynooth U...