The Times Australia
Fisher and Paykel Appliances
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

This Christmas, Give the Navman Gift That Never Stops Giving – Safety

Protect your loved one’s drives with a Navman Dash Cam.  This Christmas don’t just give – prote...

Yoto now available in Kmart and The Memo, bringing screen-free storytelling to Australian families

Yoto, the kids’ audio platform inspiring creativity and imagination around the world, has launched i...

Kool Car Hire

Turn Your Four-Wheeled Showstopper into Profit (and Stardom) Have you ever found yourself stand...

EV ‘charging deserts’ in regional Australia are slowing the shift to clean transport

If you live in a big city, finding a charger for your electric vehicle (EV) isn’t hard. But driv...

How to Reduce Eye Strain When Using an Extra Screen

Many professionals say two screens are better than one. And they're not wrong! A second screen mak...

Is AI really coming for our jobs and wages? Past predictions of a ‘robot apocalypse’ offer some clues

The robots were taking our jobs – or so we were told over a decade ago. The same warnings are ...

The Times Features

What’s been happening on the Australian stock market today

What moved, why it moved and what to watch going forward. 📉 Market overview The benchmark S&am...

The NDIS shifts almost $27m a year in mental health costs alone, our new study suggests

The National Disability Insurance Scheme (NDIS) was set up in 2013[1] to help Australians with...

Why Australia Is Ditching “Gym Hop Culture” — And Choosing Fitstop Instead

As Australians rethink what fitness actually means going into the new year, a clear shift is emergin...

Everyday Radiance: Bevilles’ Timeless Take on Versatile Jewellery

There’s an undeniable magic in contrast — the way gold catches the light while silver cools it down...

From The Stage to Spotify, Stanhope singer Alyssa Delpopolo Reveals Her Meteoric Rise

When local singer Alyssa Delpopolo was crowned winner of The Voice last week, the cheers were louder...

How healthy are the hundreds of confectionery options and soft drinks

Walk into any big Australian supermarket and the first thing that hits you isn’t the smell of fr...

The Top Six Issues Australians Are Thinking About Today

Australia in 2025 is navigating one of the most unsettled periods in recent memory. Economic pre...

How Net Zero Will Adversely Change How We Live — and Why the Coalition’s Abandonment of That Aspiration Could Be Beneficial

The drive toward net zero emissions by 2050 has become one of the most defining political, socia...

Menulog is closing in Australia. Could food delivery soon cost more?

It’s been a rocky road for Australia’s food delivery sector. Over the past decade, major platfor...