House debates

Monday, 10 September 2012

Committees

Social Policy and Legal Affairs Committee; Report

11:50 am

Photo of Graham PerrettGraham Perrett (Moreton, Australian Labor Party) Share this | | Hansard source

On behalf of the Standing Committee on Social Policy and Legal Affairs I present the committee's advisory report on the National Integrity Commissioner Bill 2012 together with the minutes of proceedings and evidence received by the committee.

In accordance with standing order 39(f) the report was made a parliamentary paper.

by leave—The integrity bill is a private member's bill introduced into the House of Representatives on 28 May 2012 by the member for Melbourne. The integrity bill proposes the establishment of a national integrity commissioner as an independent statutory federal agency, comprising a new national integrity commissioner, a law enforcement integrity commissioner and an independent parliamentary adviser.

Due to a number of important threshold issues, which are addressed in the report, the committee determined not to conduct an inquiry into the integrity bill and did not call for submissions or hold public hearings. This advisory report addresses issues that are consistent with the concerns that were raised by the Senate Scrutiny of Bills Committee, which also examined the integrity bill. It includes concerns that the powers proposed for the commissioners may breach personal rights to due justice and procedural fairness and how the provisions of the integrity bill intersect with and potentially duplicate existing legislation and bodies of integrity oversight.

The Selection of Bills Committee queried whether the integrity bill may be an appropriation bill and therefore subject to House of Representatives standing orders 179 and 180. It is not the role of the parliamentary committee to make such a determination. Consequently, the committee respectfully recommends that, should there be a concern regarding the status of the bill, a ruling is then requested from the Speaker of the House prior to debate on the bill.

Given the scope of the bill, which will have an impact on both houses, the committee is of the strong view that any inquiry should be conducted collaboratively with the scrutiny of both houses. Should the House wish a committee to scrutinise the integrity bill, the committee recommends the establishment of a parliamentary joint select committee to investigate the feasibility and cost of establishing a national integrity commission.

I thank the committee for their work, particularly the member for Wannon and the member for Kooyong, who contributed as supplementary members for the purpose of this inquiry. I commend the report to the House.