Senate debates

Tuesday, 10 November 2020

Questions without Notice

Commonwealth Integrity Commission

2:37 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

My question is to the Minister representing the Attorney-General, Senator Payne. Minister, I'm sure you have heard of the former New South Wales Labor politician Mr Eddie Obeid. Mr Obeid was a key player in the Right faction of the ALP and a member of the state parliament for 20 years. Sadly, Mr Obeid wasn't there to serve the public interest; he was there to serve himself. He was using his inside knowledge and his connections to line up government decisions that would benefit him and his family and rake in millions and millions of dollars in the process. Minister Obeid got caught out, thanks to an anonymous tip-off to the New South Wales anticorruption commission. The tip-off sparked an inquiry, then a full investigation and public hearings about what had been going on. He's now behind bars. My question is: if New South Wales had Mr Porter's proposed Integrity Commission instead of an ICAC with teeth, would there ever have been an investigation into the actions of Eddie Obeid, thanks to that tip-off?

2:38 pm

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

I may be mistaken, but I understand Mr Obeid left prison relatively recently. But let me go to the question about the Integrity Commission. Just on 2 November the government released an exposure draft of the legislation to establish the Commonwealth Integrity Commission. That is released for extensive public consultation. That draft legislation is the result of very detailed planning to ensure that this new body has both the resources and the powers it needs to investigate allegations of criminal corrupt conduct that could occur across the public sector.

I want to reinforce the government's commitment to a national comprehensive consultation process on the draft legislation. I understand that a series of consultation sessions are being arranged for the law enforcement and public sector groups that would be regulated under the legislation, as well as roundtable meetings with civil society representatives, academia and other stakeholder representatives from all states and territories. Those sessions will be held across a consultation period that will run from November this year to March 2021. This indicates the government's commitment to a body, as I said, that has both the resources and the powers it needs to investigate those allegations of criminal corrupt conduct that could occur across the public sector.

We believe that our commission, which is properly designed, having gone through a robust consultation phase, will do the task that it's required to at the Commonwealth level. It will have greater investigatory powers than a royal commission, including the ability to hold hearings and to compel witnesses to testify. It will be the lead body in Australia's multiagency anticorruption framework and will include a public sector integrity division and a law enforcement integrity division.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Lambie, a supplementary question?

2:40 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

The Victorian anticorruption commission is currently investigating the actions of Mr Adem Somyurek. He was a minister in Premier Daniel Andrews government until he was booted out of the party over allegations of branch stacking. Branch stacking isn't illegal, but most Australians know that paying people to become members of your party so that you can control who gets preselected is morally corrupt. If Victoria had Minister Porter's proposed Integrity Commission instead of their IBAC, would we ever have had an investigation into the actions of Mr Somyurek?

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

I thank Senator Lambie for her supplementary question. I would reiterate the remarks I made during my first response to her initial question. The Commonwealth Integrity Commission, as I said, would be the lead body in our successful multiagency anticorruption framework. The public sector integrity division will have oversight of Commonwealth departments, agencies and their staff, parliamentarians and their staff—that goes to the question about two parliamentarians from Senator Lambie so far—and the staff of federal judicial officers, as well as recipients of Commonwealth funds in appropriate circumstances. The structure of the commission also ensures that the courts remain the sole arbiter of a person's guilt or innocence. In terms of the law enforcement integrity division, it will expand the jurisdiction of ACLEI, and it will have all of ACLEI's existing powers and functions, including oversight of a range of agencies in that context, which I'm happy to go into if Senator Lambie wishes me to.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Lambie, a final supplementary question?

2:41 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

I'll rephrase my questions. As Mr Porter's proposed Integrity Commission stands, would the public ever have found out about Senator Maguire's abuse of public office—using his position as the member for Wagga Wagga in the New South Wales Liberal government to make money for himself and his associates, charging property developers a commission to line up meetings with public officials and grease the wheels on government approval processes—and his close connection to the Premier if New South Wales was using Mr Porter's proposed integrity— (Time expired)

2:42 pm

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

I think that, given the factors that I have been through, particularly in relation to the public sector integrity division of the Commonwealth Integrity Commission, which includes the oversight of the behaviour of parliamentarians and their staff, as well as recipients of Commonwealth funds in appropriate circumstances, those matters would, indeed—if they were covered in the Commonwealth context. I would hasten to add that it was Mr Maguire, not Senator Maguire in a Commonwealth context. If that is not the case and I can provide any further information, I will take that on notice and return to the chamber.