Anti-corruption bill hits parliament

Tess Ikonomou, Maeve Bannister and Andrew Brown | September 28, 2022

Prime Minister Anthony Albanese has promised new laws to set up a long-awaited federal anti-corruption commission will deliver on accountability, restoring public faith in the political system.

A bill to set up the integrity commission, which is set to cost $262 million over the next four years, was introduced to federal parliament on Wednesday.

The body – to be known as the National Anti-Corruption Commission – would operate independently of the government and have powers to investigate serious or systemic corrupt conduct across the commonwealth public sector.

Ministers, parliamentarians, staff, statutory office holders, government employees and contractors will be eligible for investigation by the commission.

Protections for whistleblowers and journalists as well as safeguards to protect reputations are also included in the proposal. 

Mr Albanese told parliament the commission would have the ability to look back at past issues.

“We do need to restore faith in our political system, we need to make sure that there is transparency, there is accountability and there is integrity,” he said.

Attorney-General Mark Dreyfus said the commission would be the lead commonwealth agency to investigate serious or systemic corruption and would work in partnership with other agencies such as the federal police.

“The commission will have a full suite of powers similar to those of a royal commission (and) it will be able to use its powers to undertake an investigation into a corruption issue,” he said.

“It will have the power to hold public hearings (and) it will also have a mandate to prevent corruption and educate Australians about corruption.”

Mr Dreyfus reiterated the default position for the commission would be for private hearings, but public hearings will be held in “exceptional circumstances”.

He pointed to the precedent set by state and territory-based anti-corruption commissions, which mostly hold private hearings.

“The overwhelming majority of hearings that they hold are in fact in private and there’s a very good reason and it’s because commissions like this have to be concerned, whether or not, they will be an unfair prejudice to people’s reputation,” he said.

“There’s always a concern about whether exposing a matter in public is going to prejudice forthcoming criminal prosecution.”

Opposition Leader Peter Dutton said the coalition would support processes where people engaging in corrupt behaviour were held to account.

However, the coalition has yet to decide on a final position on the bill.

Mr Dutton said he wanted the legislation to go through normal processes, but indicated it was important to strike the right balance with the laws.

“I support the government in the model they put forward … I am in favour instinctively of an integrity commission but I want to have that balance,” he told reporters.

“I don’t want innocent people being trashed and I don’t want reputations being trashed.”

Greens senator David Shoebridge said the government’s proposed test for public hearings was “exceptionally unhelpful”.

“One of the best disinfectants for corruption is sunshine,” he told reporters in Canberra.

“Public hearings are critical to the work of this national anti-corruption commission.”

Independent MP Helen Haines, who has been a leading advocate for the commission, said the proposal was the culmination of years of work that would continue.

“There is going to be an inquiry, we’ll be in there doing our best to make sure that this anti-corruption commission is the very best it can be,” she said.

“This is a once in a generation opportunity. We plan to get it right.”

Former Queensland Supreme Court of Appeal judge Margaret White, who met with Mr Dreyfus on Wednesday about the commission, welcomed the introduction of the bill to parliament.

However, she said public hearings were necessary and the exceptional circumstances threshold would slow down proceedings.

“Where there are public hearings, more people come forward to bring evidence to the commission,” she told AAP.