Tania Lawrence (Hasluck, Australian Labor Party) Share this | Hansard source

Corruption undermines trust, and trust is the basis of legitimate government. I'm pleased to speak on this bill to establish a National Anti-Corruption Commission that will have a broad, independent jurisdiction to investigate serious or systemic corruption, including criminal and non-criminal conduct, and conduct that occurred before this commission is established. Having been a member of the joint select committee which examined the legislation, I was satisfied with the process and grateful to all those who took part, both committee members and witnesses. I wish to pay a special tribute to the committee secretariat and the Parliamentary Counsel, whose expertise and professionalism enabled us all to work within the timeframe. In speaking in favour of the bill, I want to go back to what I said in my first speech some five months ago. I said then that integrity and respect are vital in our national institutions and that I was keen to examine and vote on legislation for a federal integrity commission. This is in fact one of the reasons I decided to stand for office; one of the reasons I was elected in Hasluck; indeed, one of the reasons each of the new members of this House sit here today.

No-one stands for public office without great motivation. One of my motivators for standing was that I was angry with the careless attitude of some politicians to vital questions of probity. I felt deeply the need for this body to come to being. The ALP took this policy to the election. It was front and centre during the campaign. It cannot be overstated just how integral to my campaign and to the campaign of so many of this chamber today the push for a national anticorruption commission, or a federal ICAC, as we sometimes called it back then, was. Indeed, very early in my campaign, in July 2011, I stated that stamping out corruption is important to me, that we needed a national anticorruption commission, and only Labor would deliver one. There wouldn't have been a single one of my supporters out doorknocking with me or phoning the electorate who wasn't also in some way motivated to see a strong, transparent and independent anticorruption body implemented to stamp out corruption and to start the process of restoring trust in the institution that is our federal parliament, our democracy.

Throughout the many thousands of conversations I and my campaign team had at that time, I cannot recall one individual who argued against the concept of an independent federal body with the power to investigate corruption. There is no doubt in my mind that the lack of an anticorruption body and the steadfast promise that Labor would deliver one had a significant influence on the election result. This is not to understate the suite of important reforms and policies we took to the election and have already started to implement here, but I know that I am far from alone when I talk about the power of the promise to hold power to account and to restore trust.

Many people from all around Hasluck followed the announcement of this policy closely during the election. Chris Miller stated: 'This is one of the most important policy initiatives of the election.' Jonathan Mann of Lesmurdie commented simply: 'We need this.' Peter Williamson of Gidgegannup said: 'Sing this long and loud: we need to stamp out corruption in all our public organisations.' Rob Richardson of Mundaring agreed, saying: 'Too many in government turn a blind eye to the goings-on in government. Remember the standard you walk past is the standard you accept.'

Really, how can we expect people to uphold standards in their daily lives, in their workplaces, in their business dealings, and in their other interactions in the communities if we here do not hold ourselves and the whole of government to the highest standards? In this government must lead.

The coalition had announced plans for an integrity commission back in December 2018. No bill was brought to the parliament. A model was floated which was generally regarded as lacking teeth. No-one will describe this bill as lacking teeth. There may yet be some members here or in the other place who don't want to see an integrity commission. I hope not because, as I said at the start, corruption undermines trust, and trust is the basis for legitimate government. The coalition members, though, who served on the joint select committee are fully supportive and played an integral role in examining the legislation. Crossbench members too were constructive in that process. I need to especially mention the fine role played by Senator White, who chaired the committee and did so with respect; and the deputy chair, the member for Indi, whose dedication to this area of governance is commendable.

Interest in the review of the bill, though, was not limited to committee members, staff and witnesses. Members of the public, too, have been following the process of the review with great interest. On 6 October, soon after the joint select committee had begun its work, I announced to the Hasluck electorate via social media that we had begun examining the legislation so that we could ensure that we ended up with a powerful, transparent and independent commission. I'll share one comment from a supporter, Ms Denise Murphy, who replied as follows:

Thank you. Wishing the committee all the best in their endeavours on our behalf.

It's a simple comment heavy with meaning. I was thanked for my work on the committee before we had even started. Ms Murphy wished us well as we embarked on our work. She recognised that it was indeed an endeavour, that we had serious work to do, and, above all, that the committee's work, as the parliament's work, was done on behalf of every Australian—'on our behalf'. This is true of any work done in any committee and in the parliament. I think that it is especially true when the legislation goes to heart of good governance itself, as this bill does.

I will make a few comments about the bill. The proposed commission has a broad jurisdiction. One of the important aspects of that broad jurisdiction, and one that I know is important to the Attorney-General, is that it treats all of those covered—from the Prime Minister all the way down to the most recently employed public servant—equally. Australians expect and appreciate that equality of treatment.

The commission will be independent. Its power to act on its own initiative is underlined and stressed in the bill, something recommended by the committee. The commission will have oversight from both a parliamentary joint committee and from the office of the inspector. During the joint select committee review process, we heard, usefully, from a broad range of witnesses, including Mr Bruce McClintock SC, who shared his views on the role of the inspector. That evidence has found its way into the bill via the second recommendation of the committee—to expand the role of the inspector in relation to witness summons, arrest warrants and other matters.

The bill sets a high bar for public hearings. The distinction between the commission as a body investigating corruption and the courts' subsequent prosecution of corruption is an important one. I think the balance struck in this bill is the right balance. Where the commission makes a finding of corruption, that finding will be reported upon according to the commissioner's discretion under the act. The commissioner is also empowered to make statements that serve to protect the reputation of witnesses where necessary. The government had also agreed to recommendation 6 of the joint select committee—that the commissioner will be required to advise persons investigated of the outcome of the investigation, regardless of that outcome.

I welcome the government's amendment in relation to the application for warrants. Members opposite have quite rightly been concerned about the politicisation of the AAT, and I commend them for their interest in that question. Regardless, the powers of the commission to pursue warrants are significant powers, and significant powers require significant balances and protections. Federal Court judges are legally qualified, have wide and deep experience and occupy a position of status commensurate with the powers sought to be exercised under this legislation.

Recommendation 1 of the joint select committee report suggested extending protections for journalists' sources to those working across the editorial chain. I'm happy to see that recommendation has been taken on by the government. I believe in a free and independent press, and if we're serious about restoring trust in the institution of government and in our democracy then we must be serious about the role an independent press plays in that process when free in their pursuit of truth and accountability.

I am pleased, too, that the government has taken on recommendation 4 of the joint select committee—that wellbeing safeguards be improved for persons who are issued a summons or notice by the commission. Commission proceedings, by definition and by their nature, will be likely to cause stress to all involved. Alleviating that stress and supporting witnesses and those subject to the inquiry should be supported.

I do feel compelled to address the ridiculous claim by the opposition that unions are somehow excluded from the National Anti-Corruption Commission because they are classified as registered organisations. Unions are treated exactly the same way as any other third party who tries to corrupt a public official. Registered organisations include employer groups like the Australian Industry Group, the chambers of commerce, the real estate institute and the motor traders association. Is the opposition seriously suggesting now that each of these employer groups should also be regarded as public officials?

Let's be clear: the bills we have before us will create a National Anti-Corruption Commission, which will be able to investigate corruption across the Commonwealth public sector. It is not directed at private activity; it is directed at the public sector and has a broad jurisdiction to investigate those who corrupt or seek to corruptly influence the public sector. I hope and expect to see this bill passed by both houses this week and to see the new Australian National Anti-Corruption Commission commence work by the middle of next year. The people of Hasluck too hope and expect to see this occur.

Lastly, I wish to pay tribute to the Attorney-General, the member for Isaacs, and his team. He has poured a great deal of his attention and energy into this bill and also a great deal of hope—hope which he referred to in his first speech in this place in 2007, when he spoke of the quality of the laws we make, the policy we shape and the administration we provide. The Attorney-General understands that corruption undermines trust, and trust is the basis of legitimate government. This bill is a testament to his vision.

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