House debates

Tuesday, 22 November 2022

Bills

National Anti-Corruption Commission Bill 2022, National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022; Second Reading

4:35 pm

Photo of Gordon ReidGordon Reid (Robertson, Australian Labor Party) Share this | Hansard source

We are forward-thinking, we provide the foundations for nation-building, and we deliver law that safeguards our institutions and the integrity of government. The National Anti-Corruption Commission Bill will provide the commission with a broad jurisdiction to investigate serious or systemic corruption, corrupt conduct across the Commonwealth public sector. It will have the ability to investigate ministers, parliamentarians, their staff, statutory office holders, employees of all government entities, and government contractors. Further, it will have discretion to commence inquiries on its own initiative or in response to referrals from anyone. Moreover, it will have the power to investigate both criminal and non-criminal corrupt conduct and conduct occurring before or after its establishment.

Above all, it will be independent. The independent commission will be led by a commissioner. The commissioner of the Anti-Corruption Commission will have a full suite of powers, similar to that of a royal commission, and will be able to use these powers to undertake an investigation into a corruption issue if it involves serious or systemic corrupt conduct. To determine whether an allegation or claim could be serious or systemic corruption, the commission will be able to undertake preliminary inquiries, using powers to compel the production of information. I will say it again, because I think it is important to reiterate this point: it will be independent.

Just as important as the detection of corruption is the prevention of corruption and ensuring adequate education opportunities are available. The commission will have a mandate to undertake corruption prevention and education functions. This will ultimately include public inquiries to examine corruption risks and vulnerabilities and measures to prevent corruption. The commission will provide information and assistance to understand the concept of corrupt conduct and to identify and address vulnerabilities to corruption. The commission's work on corruption prevention and education will be informed by the insights the commission draws from its investigations and the intelligence that the commission will collect. It will also engage in broader public education about the commission's role and corruption risks and pathways to report corrupt conduct.

I know I'm starting to sound a bit like a broken record, but I cannot overstate the importance of the commission's independence. The National Anti-Corruption Commission's independence will be secured in multiple different ways. The commission will be able to conduct investigations on its own initiative or in response to referrals or allegations from any source, with agency heads required to report corruption issues within their respective agencies to the commission if they suspect it could be serious or systemic corruption.

The appointment of the commissioner and deputy commissioners will be subject to approval by the parliamentary joint committee which I will touch on later, with the commissioner's appointment duration being a single term of five years and the deputy commissioners' appointments being two terms of five years each. The appointees will have security of tenure comparable to a federal judge. Further, the bill provides for the parliamentary joint committee to review and make recommendations on the sufficiency of the National Anti-Corruption Commission's budget. A point that was raised in our many hours of doorknocking and phone banking during the election campaign was the oversight of the National Anti-Corruption Commission: how is this commission going to be overseen? The commission will be overseen by a parliamentary joint standing committee as well as an inspector. The parliamentary joint committee will comprise 12 members: three government, two opposition and one crossbench member from each House, including a government chair.

In addition to confirming appointments and reviewing the commission's budget, the committee's oversight role will include reviewing the commission's performance and its annual reports. The inspector will deal with any corruption issues arising in the commission and complaints about the commission.

At present, there's much discussion surrounding how the hearings of the National Anti-Corruption Commission will work, so let's break this very important component down. The commission will be able to hold public hearings in exceptional circumstances and if satisfied that it is in the public interest to do so. This test will ensure that the benefits of holding hearings in public are balanced with other potential negative impacts. Without limiting what the commissioner can consider when determining whether to hold a hearing in public, the legislation will prescribe a number of relevant factors, including: the nature of the corruption issue; unfair prejudice to reputation, privacy, wellbeing or safety that may be caused; and the benefits of public awareness. This is relevant for reputational and wellbeing safeguards.

The commissioner's investigation function would be balanced with strong safeguards to ensure that corruption investigations do not cause undue reputational damage. These safeguards include requiring hearings to be held in private unless there are exceptional circumstances and the commissioner is satisfied it is in the public interest to hold a public hearing. The safeguards also include: requiring the commissioner to clarify the capacity in which a witness is appearing at a public hearing; requiring certain sensitive evidence to be received in private; the provision for non-disclosure directions about a notice or summons or to protect sensitive information; an express ability for the commissioner to make public statements at any time to avoid damage to a person's reputation; and provision for the inclusion of statements in investigation reports where it is appropriate and practicable to avoid damage to a person's reputation if the commissioner forms the opinion that a person has not engaged in corrupt conduct, or a statement to that effect, and if a person gives evidence at a hearing and is not the subject of any findings or opinions in relation to the corruption investigation, or a statement to that effect.

Now, to ensure that this commission is powerful and is able to function and discharge its duties to the best of its ability, it will need to be funded adequately. That is what our government will ensure. Our government has committed substantial funding to the establishment of the National Anti-Corruption Commission, in the order of $262 million over four years, for the establishment and ongoing operations of this important institution. This will ensure that the commission has the staff, the capabilities and the capacity to triage referrals and the allegations it receives, conduct timely investigations, and undertake corruption prevention and educational activities. The legislation provides for the parliamentary joint committee to regularly review and report on the sufficiency of the commission's budget.

I reiterate what I said earlier. Today we begin the process to fulfil the election commitment of establishing an independent federal anti-corruption commission. This is forward thinking. This is nation-building. This is how you return accountability and integrity to federal politics and to government. This is what trust looks like.

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