National Anti-Corruption Commission (Australia)

Add links
From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by JoelHalli (talk | contribs) at 05:43, 1 December 2022 (additional information in opening). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

The National Anti-Corruption Commission, often shortened to the NACC, is an Australian federal integrity commission being established by the Albanese government. As of the 29th of November 2022, the bill establishing the commission has passed through both the Australian House of Representatives, and the Senate. The commission is expected to be finalised by mid-2023.[1][2]

History

Bob Brown called on the Rudd Government in 2009 to establish an integrity commission.[3] Over the decade since 2012, Australia's score in the Corruption Perceptions Index from Transparency International has slipped from 7th place in 2012 to 18th in 2022.[4] There is a public perception that corruption in Australia is increasing.[5] Although every state in Australia has its own anti-corruption agency, as of 2017, calls for a federal anti-corruption agency were ignored. Existing federal agencies that have anti-corruption as part of their remit include the Australian Commission for Law Enforcement Integrity (ACLEI), the Australian Federal Police (AFP), the Australian Public Service Commission (APSC), the Commonwealth Ombudsman and the Office of the Commonwealth Auditor-General.[6] As of 2019, the Labor proposal for a National Integrity Commission does not define corrupt conduct or include a threshold for investigation.[3] In June 2022, the Attorney-General, Mark Dreyfus, advertised roles in the NACC taskforce.[7]

Abandoned Coalition proposal

In December 2018, the Morrison government proposed a national integrity commission framework.[8] The previous August, Griffith University researchers had laid out a plan for a Commonwealth Integrity Commission,[9] and Attorney-General Christian Porter had been working on adapting the Australian Commission for Law Enforcement Integrity into an anti-corruption watchdog in the Turnbull government.[8] The framework was criticised for its narrow remit and the decision not to allow public hearings, and not being allowed to take tip-offs, as well as the high burden of proof needed before an investigation can take place.[10] Additionally, ministers would have to agree to allow an investigation into anything they were engaged with.[11] The Morrison government was critical of the NSW ICAC model. The Morrison government model also does not give the CIC power to address "grey corruption" such as lobbying, bribery, political donations and the "revolving door".[12] The Morrison government tabled an exposure draft,[13] but insisted that Labor would have to support it before the government brought it to a vote. The CIC was not part of the Morrison government's agenda during the 2022 election campaign.[14]

Cathy McGowan's proposal

Cathy McGowan

Senator Larissa Waters amended a plan by former member for Indi Cathy McGowan which passed the Senate in 2018, refining the meaning of corrupt conduct and limiting the retrospective powers of a federal integrity body to 10 years.[15] It was allowed to lapse in April 2022.[16]

A bill produced by Independent member for Indi Helen Haines to introduce a federal anti-corruption body was blocked in Parliament in November 2021. Liberal MP Bridget Archer crossed the floor to support it.[17] By the time Haines introduced the bill, it had been refined by consultation with legal academics, panels of retired judges, civil society stakeholders, ethicists and MPs.[18] It was allowed to lapse in April 2022.[19] Labor has said that it will draw on Haines' bill to inform its legislation.[20]

Introduction into Parliament

The bill's introduction into parliament was delayed by the death of Queen Elizabeth II. Crossbenchers have proposed that the scope of the NACC should extend to being able to investigate third parties getting in touch with politicians.[21] The bill to establish the National Anti-Corruption Commission passed the senate on 29th of November 2022 after crossbench amendments were either withdrawn or defeated, the bill is now awaiting royal assent.[1]

Powers

  • Will be able to investigate Commonwealth ministers, public servants, statutory office holders, government agencies, parliamentarians, and personal staff of politicians[22]
  • Independent of government, with the power to initiate its own investigations as well as in response to tip-offs from referrals, including whistleblowers and the public.[22]
  • The Commissioner and Deputy Commissioner will serve a single term.[22]
  • Overseen by a statutory bipartisan Joint Standing Committee of the Parliament.[22]
  • Has the power to investigate retrospectively.[22]
  • Has the power to hold public hearings when it is in the public interest.[22]
  • It will not be able to make a finding of criminality.[23]
  • Will have the power to investigate Pork barrelling.[24]
  • It will not have the power to sack parliamentarians.[25]

See also

References

  1. ^ a b Karp, Paul (29 November 2022). "'Naccflip': National anti-corruption commission bill passes Senate after Greens backdown". the Guardian. Retrieved 30 November 2022.
  2. ^ "National Anti-Corruption Commission could be operating by mid-2023". Australian Financial Review. 2022-09-08. Retrieved 2022-12-01.
  3. ^ a b "National integrity commission". www.aph.gov.au.
  4. ^ Ward, Tony. "Perceptions of corruption are growing in Australia, and it's costing the economy". The Conversation. Retrieved 22 May 2022.
  5. ^ "Corruption in Australia". Retrieved 22 May 2022.
  6. ^ Hobbs, Harry; Williams, George (September 2017). "The case for a national whole-of-government anti-corruption body". Alternative Law Journal. 42 (3): 178–183. doi:10.1177/1037969X17730190. hdl:10453/130437. S2CID 149175164.
  7. ^ "Dreyfus advertises for anti-corruption taskforce roles". The Mandarin. 2 June 2022. Retrieved 6 June 2022.
  8. ^ a b Remeikis, Amy; Knaus, Christopher (13 December 2018). "Morrison government announces new federal anti-corruption commission". The Guardian. Retrieved 14 December 2018.
  9. ^ Knaus, Christopher (21 August 2018). "Overwhelming majority of Australians believe federal politicians are corrupt". The Guardian. Retrieved 14 December 2018.
  10. ^ Knaus, Christopher (23 January 2019). "Coalition's plan for anti-corruption body a 'sham' set up to protect MPs, former judge says". The Guardian. Retrieved 23 January 2019.
  11. ^ "Federal anti-corruption body to have scope to investigate 'what they see fit', Anthony Albanese says". SBS News. Retrieved 6 June 2022.
  12. ^ dela Rama, Marie J.; Lester, Michael E.; Staples, Warren (13 January 2022). "The Challenges of Political Corruption in Australia, the Proposed Commonwealth Integrity Commission Bill (2020) and the Application of the APUNCAC". Laws. 11 (1): 7. doi:10.3390/laws11010007.
  13. ^ "Commonwealth Integrity Commission Bill - Exposure Draft". Attorney-General's Department. Retrieved 24 May 2022.
  14. ^ "Scott Morrison effectively ditches his promise to establish a federal anti-corruption commission". the Guardian. 13 April 2022. Retrieved 22 May 2022.
  15. ^ "Greens push govt on integrity body 'gathering dust'". The Canberra Times. 2 September 2021. Retrieved 24 May 2022.
  16. ^ "National Integrity Commission Bill 2018 (No. 2)". www.aph.gov.au. Parliament of Australia.
  17. ^ Bonyhady, Katina Curtis, Nick (2021-11-25). "Liberal MP Bridget Archer crosses floor to back integrity commission". The Sydney Morning Herald. Retrieved 2022-04-01.{{cite web}}: CS1 maint: multiple names: authors list (link)
  18. ^ Ng, Yee-Fui. "As the government drags its heels, a better model for a federal integrity commission has emerged". The Conversation. Retrieved 24 May 2022.
  19. ^ "Australian Federal Integrity Commission Bill 2021 (No. 2)". www.aph.gov.au. Parliament of Australia.
  20. ^ Ng, Yee-Fui. "What has Labor promised on an integrity commission and can it deliver a federal ICAC by Christmas?". The Conversation. Retrieved 22 May 2022.
  21. ^ "Crossbench make 'crucial' demands ahead of release of federal anti-corruption bill". ABC News. 21 September 2022. Retrieved 22 September 2022.
  22. ^ a b c d e f "Fighting Corruption". www.alp.org.au. Retrieved 22 May 2022.
  23. ^ "'We'll get down to business': Labor's policy agenda awaits Albanese". Australian Financial Review. 22 May 2022.
  24. ^ "Albanese government promises national corruption watchdog will have power to investigate pork-barrelling". Guardian Australia. 8 June 2022. Retrieved 12 June 2022.
  25. ^ "Mark Dreyfus says integrity bill to 'eliminate corruption' earmarked for next month". SBS News. Retrieved 12 August 2022.

Further reading

Retrieved from "https://en.wikipedia.org/w/index.php?title=National_Anti-Corruption_Commission_(Australia)&oldid=1124918103"