The proposed National Integrity Commission is a watered-down version of a federal ICAC


Yee-Fui Ng, Monash University

The federal government has announced it will establish a Commonwealth Integrity Commission. This new commission will be the peak body to detect and investigate corrupt and criminal behaviour by Commonwealth employees.

This announcement followed mounting pressure from Labor, the Greens and independent MPs, who argued that a national integrity commission was vital to rebuild trust in Australian democracy.




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On November 26, independent MP Cathy McGowan introduced a private member’s bill for the introduction of a national integrity commission, further increasing the pressure on the government.

All Australian states have anti-corruption commissions, and the federal government is lagging behind in this area.

Why do we need this commission?

The case for a national integrity commission is strong.

Australia has fallen steadily in Transparency International’s global corruption index, from eighth place in 2012 to 13th this year.

More alarming is the fact that one in 20 Australian public servants said in a survey last year that they had seen a colleague acting in a corrupt manner. This figure has doubled in the past three years.

Moreover, a Griffith University survey has found strong public support for a national integrity commission, with two-thirds (67%) of Australians in favour of one.

What will the commission look like?

The commission will be an independent statutory agency led by a commissioner and two deputy commissioners. It will have two divisions: a public sector division and a law enforcement integrity division.

The Australian Commission for Law Enforcement Integrity will be reconstituted as the law enforcement integrity division with an expanded jurisdiction. But its jurisdiction will be limited to certain departments and agencies dealing with law enforcement and those that have coercive powers, such as the Australian Securities and Investments Commission.

The public sector integrity division has a broader coverage. It includes public service departments and agencies, parliamentary departments, statutory agencies, Commonwealth companies and corporations, Commonwealth service providers and any subcontractors they engage, as well as parliamentarians and their staff.

Is the proposed model adequate?

The proposed model is a watered-down version of an anti-corruption commission, with limited powers.

The Commonwealth Integrity Commission will have the power to conduct public hearings only through its law enforcement division.

Conversely, the public sector integrity division with the broader remit will not have the power to make public findings of corruption. Instead, it will be tasked with investigating and referring potential criminal conduct to the Commonwealth Director of Public Prosecutions.

This is a far more limited jurisdiction compared to its equivalent state counterparts, such as the New South Wales Independent Commission Against Corruption (ICAC), which has the ability to conduct public hearings and make findings of corruption in the public sector.

Although it is envisaged that the Commonwealth Integrity Commission will play a role in preventing corruption, this model lacks a dedicated corruption prevention division. This is a pro-integrity function that monitors major corruption risks across all sectors.




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There are also other activities that do not amount to corruption, but nevertheless show an undue influence on government. Ideally, a federal anti-corruption commission should sit alongside a broader package of reforms that impose stronger rules on lobbying and political donations, as well as a code of conduct for MPs, policed by an independent commissioner.

This would form an interlocking political integrity system that would keep politicians honest.

The government is taking submissions on the proposed model for the Commonwealth Integrity Commission.

It is commendable that the government is finally taking action on anti-corruption measures. However, it is important to get the model right. The proposed model is an improvement on the status quo of patchwork regulation, but does not go far enough to properly investigate corruption in federal government.The Conversation

Yee-Fui Ng, Senior Lecturer, Faculty of Law, Monash University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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View from The Hill: Day One of minority government sees battle over national integrity commission


Michelle Grattan, University of Canberra

Whatever it does, the Morrison government seems to find itself caught
on the sticky fly paper. As if it didn’t have trouble enough with
trying to decide about the embassy in Israel and the religious freedom
report, on Monday it became messily entangled in the issue of a
national integrity commission.

On the first day of formal minority government, the crossbench flexed
its muscle and the government bowed to the new reality.

Well, not quite bowed – but bought time by taking a line of least resistance.

After the independent member for Indi, Cathy McGowan, introduced her
private member’s bill for a national integrity commission, the House
of Representatives considered a motion from the Senate which called on
“the federal government to establish a national anti-corruption
commission”.

The government didn’t oppose the motion, which went through on the voices.

It was claimed that Attorney-General Christian Porter wanted to set out
the government’s objections to the McGowan bill, which he couldn’t do
in private members’ time.

The real reason was the government didn’t want to test its numbers on
the floor when there could be a defector or two from its own ranks.

Porter embarked on something of a lawyer’s frolic as he pointed to
dangers in the bill.

He warned that any public official who, it could be argued, had
breached public trust or impaired confidence in public administration
“would be liable to a finding of corruption”, even for a trivial
matter.

The ABC would come under the proposed body. So Porter conjured up the
scenario of ABC political editor Andrew Probyn (who, it will be
recalled, former ABC chairman Justin Milne wanted shot) being caught
under the bill.

On Porter’s account, that would be because Probyn was found in breach
of the ABC code of practice’s provision on impartiality for saying
Tony Abbott was the “most destructive politician of his generation”.

“Under this bill before the House—no ifs, ands or buts—Andrew Probyn
would be found to have committed corruption,” Porter declared.

He didn’t sound as if he were joking but maybe the Attorney has a very
dry sense of humour.

Not that McGowan is claiming her bill has the detail right. What she
and other crossbenchers are trying to do is force the government’s
hand.

How far they’ll succeed is not clear – they’ll get something but not
the full monty.

The government’s preference would be to do nothing. But that’s no
longer politically viable. Labor is committed to a new anti-corruption
body (once it didn’t believe in one), and the level of public distrust
of the political system makes this an issue that resonates in the
community.

The government now finds itself in the rather bizarre situation of
having voted for a “national anti-corruption commission” without
committing itself to one.

In fact, such a commission is the least likely to get a tick of the
three options before the government. Porter has all but written it
off.

The other options, according to Porter, are expanding one of the
existing 13 bodies that presently deal with integrity and corruption
(probably the Australian Commission for Law Enforcement Integrity),
or merging some of them to eliminate overlap.

Ideally the way forward would be by a bipartisan approach. The issues
are indeed complex and state experience suggests the need for careful
balances and protections. But bipartisanship not the way of things
before an election.

Attacking Shorten, Scott Morrison accused him of being preoccupied
with a “fringe issue”.

Morrison said the matter would be dealt with “through a normal Cabinet
process”. Porter says this process is well underway. Indeed a lot of
it happened under Malcolm Turnbull – Porter says he has been working
on it since he became attorney-general nearly a year ago.

Both the embassy question and the religious freedom report are in
“processes” at the moment.

The government received another prod on the latter when on Monday a
Labor-chaired Senate committee recommended in its majority report that
a ban on religious schools discriminating against gay teachers should
be considered.

This goes much further than the government’s plan – bogged down in
negotiations with Labor – for legislation to prevent discrimination
against gay students. The opposition is expected on Tuesday to push the
government to act immediately on its promise to protect students.

As the Liberals took in the devastating Victorian result, there was
the feeling that the Morrison government was just holding things
together.




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Senate president and Victorian Liberal Scott Ryan, who rarely enters controversies given his position as a presiding officer, unleashed a restrained but pointed assault against the right of the party (and rightwing commentators).




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Victorian Liberal backbencher Tim Wilson delivered a sharp message to the coal lovers. “If anybody thinks that there’s this great public sentiment out there that people really deep down hate renewables and they’re hugging something like coal, I say again — get real”.

That immediately encouraged a rerun of Morrison’s coal hugging in parliament.

In question time the Prime Minister was decidedly shouty and aggressive.

And, despite the crossbenchers now looming large in his world, he
didn’t make time to sit in the chamber for Kerryn Phelps’ maiden
speech. He had other engagements, his office said.The Conversation

Michelle Grattan, Professorial Fellow, University of Canberra

This article is republished from The Conversation under a Creative Commons license. Read the original article.