Rebekha Sharkie (Mayo, Centre Alliance) Share this | Hansard source

I move:

That this House:

(1) congratulates the Government on its commitment to establish a Commonwealth Integrity Commission to investigate and prevent corruption in the public sector;

(2) congratulates the Opposition on its commitment to establish a National Integrity Commission to investigate and prevent corruption in the public sector;

(3) notes the major and significant contribution that a robust and well-functioning integrity commission can make to sustain and reinforce public confidence in the integrity of Australia's democratic government, parliament, and public service; and to help control corruption generally in Australia, in line with our international obligations;

(4) notes that to achieve these objectives, the design and implementation of a robust integrity commission should include:

(a) a broad jurisdiction to investigate and help prevent any serious or systematic abuse of entrusted power for private or political gain ('corruption') at the Commonwealth level, including but not limited to criminal offences;

(b) the ability to self-initiate investigations;

(c) the ability to receive, investigate or refer information about corruption from any person, including directly from Commonwealth staff or other whistleblowers;

(d) improved measures for the protection of whistleblowers in the Commonwealth public sector and more generally;

(e) the ability to hold public hearings for investigative purposes, for any corruption concerns within jurisdiction, where in the public interest to do so;

(f) the other powers needed for effective investigation, including to question people, compel the production of documents, seek warrants to enter and search premises, make public reports including findings of fact and recommendations, and refer matters to relevant prosecutors;

(g) the power and responsibility to properly coordinate the Commonwealth's role in a national anti-corruption plan, working with state and territory agencies, other regulatory agencies for the private sector, and civil society;

(h) the power and responsibility to lead comprehensive corruption prevention policies and procedures across the Commonwealth public sector, procurement and service delivery;

(i) full jurisdiction over Commonwealth parliamentarians and their staff;

(j) the creation of the commissioner(s) as an independent officer of the Commonwealth Parliament, appointed by and reporting to a bipartisan joint standing committee of the parliament, and only terminable on address from the parliament for proven misbehaviour or incapacity; and

(k) sufficiently well-resourced funds and personnel; and

(5) calls on the Government to work towards implementing an integrity commission that adheres to these key principles.

A federal anti-corruption commission or integrity commission is overwhelmingly supported by the Australian public that this parliament seeks to represent. According to polling from The Australia Institute, 80 per cent of those surveyed support the establishment of an anti-corruption commission, with only six per cent opposed to it. Two-thirds of people said they described lower levels of trust in the federal parliament and a third of respondents said that there were very low levels of trust.

Australians know that we desperately need an anti-corruption commission with broad jurisdiction to investigate and help prevent any serious or systematic abuse of entrusted power for private or political game, yet 12 months ago the government opposed a federal anti-corruption commission. With the support of the crossbench, the former member for Indi, Cathy McGowan, renewed the spotlight on the long-running campaign to make our federal leaders properly accountable and to ensure that they and we have the integrity of our decisions subject to full and proper scrutiny. Under growing pressure the government was convinced. Even if they have come to the party a little late, it's a welcome addition. I and my Centre Alliance colleagues also welcome the initial consultation of the government's proposed Commonwealth Integrity Commission model, and we encourage the government to continue its public consultation as the model develops.

I recognise that we are in the early stages in the process and that we currently only have a broad outline of the government's proposed model for an integrity commission. However, what's on the table at the moment falls far short of a genuine, fully functional, independent anticorruption body—one with teeth. Centre Alliance is keen to work with government to make sure that we address these shortfalls.

The detail of this motion outlines the principles that Centre Alliance views as fundamental for an integrity commission to be effective at investigating and preventing corruption in the federal public sector, including the parliament and the ministry. All of the principles are crucially important. We want an anticorruption body with teeth, as I said, to help restore trust in our parliament and bring out the best in Australian democracy. I wish to focus on three of those principles in particular in my remaining time here today.

Firstly, the commission must be able to hold public hearings when the commissioner deems it appropriate. I have listened to the predictable howls that any public meeting will lead to a star chamber, the notorious English court of the early modern era. However, the key distinction is that unlike the Star Chamber, an anticorruption commission would only be able to make findings of fact and recommendations and would not be permitted to make findings of guilt. If a public hearing has a real or perceived threat to a person's reputation, that can easily be addressed by allowing an independent commissioner to determine on balance whether it is more appropriate for a public or private hearing to proceed. It should also be noted that the possible use of public hearings would not detract from the impartial, independent role of the judicial system to prosecute alleged offences. Where a person has a criminal case to answer, they will get their day in court.

Secondly, the commission needs to be able to initiate investigations itself, including by way of complaints directly from the public. That is why we need to have whistleblower protection even stronger in this place. If the government acts as a gatekeeper to investigations of corruption, the gate will only open when it suits them.

Thirdly, the commission needs to be adequately resourced in order to do its job properly. The current government budget appears only to be allocating $42 million a year to a commission, although Transparency International indicates that around $100 million a year is the quantum needed to ensure that we have a robust commission. While Centre Alliance is not wedded to a specific amount, suffice it to say that the commission should not be starved of funds.

So I say to the government that the Australian people will thank us if we can get this anticorruption commission right. Let us make it a true commission of integrity and ensure that it adheres to the practical and legal principles that would allow us to restore faith and hope in the integrity of our democracy.

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