After much delay the first draft of the Commonwealth Integrity Commission legislation has been released here.
The background is that the federal parliament and public service activities do not have any kind of independent body to examine the possibility of corruption. At present there are Royal Commissions that are set up with the scope defined by the government in power. There is the Auditor General who may be independent but is limited in power and can be largely ignored. What is lacking is something like the Commissions (of various names) that the States have with power and resources to investigate widely at its own discretion.
You can find the draft itself through the above link. There is commentary on it from a SC Geoffrey Watson here and from a professor of law and policy A J Brown here.
A quick summary of the most telling remarks:
- Very few people can refer material for consideration. The Attorney General, federal employees and contractors, and the public are all excluded.
- The grounds for commencing investigation are extremely narrow, in effect it has to be bleeding obvious. Matters like the Obeid affair would never have been reported or investigated.
- Almost everything up to the point of referral for prosecution is secret and there are very limited public hearings.
- Historical cases are forbidden, so the smell over the Leppington land purchase can never be traced.
- Proposed funding is not great but a start at least.
- As it is proposed, the CICâs full Royal Commission powers would only extend to about 20% of the federal public sector.
Opening this topic may be seen as too political but I am taking as precedent the threads on several Royal Commissions that are alive and well.
Also this is not an attack on any particular party, the present opposition failed to implement such a thing when in power. It is time, in my view, that all parties got involved and created an Act that would be effective at addressing all issues of corruption at the federal level not just those that the government of the day (of whatever party) find it convenient to refer to a RC.