Modern Australian
The Times

Government's Commonwealth Integrity Commission will not stamp out public sector corruption — here’s why

  • Written by Yee-Fui Ng, Senior Lecturer, Faculty of Law, Monash University
Government's Commonwealth Integrity Commission will not stamp out public sector corruption — here’s why

Attorney-General Christian Porter added a little more flesh to the bones of the long-awaited Commonwealth Integrity Commission this week. In a National Press Club address, Porter argued there must be a balance between having a powerful investigative body and fairness to individuals investigated by the commission.

Yet commentators have roundly criticised the government’s model for being watered down and a sham.

Read more: Why the federal government’s new integrity commission isn't up to the job

Queensland LNP MP Llew O’Brien has warned he may cross the floor and vote against the government on this issue. O'Brien believes politicians and their staff should be held to the same standards as law enforcers.

Crossbench MPs have also called on the government to establish a national integrity commission “with teeth”.

The government intends to release a draft bill this year.

So, what is the government’s model? And why has it been criticised?

The government’s model

The government’s proposed CIC has two parts: the law enforcement division and the public sector division.

The law enforcement division applies only to law enforcement agencies and those with coercive powers. The public sector integrity division covers the rest of the public sector, federal service providers, subcontractors, as well as MPs and their staff. The commission will have the power to conduct public hearings only through its law enforcement division.

By contrast, the public sector division will not have the power to hold public hearings or make public findings of corruption. Instead, it will investigate and refer potential criminal conduct to the 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 can conduct public hearings and make findings of corruption in the public sector.

All states now have an anti-corruption commission and the federal government is lagging behind.

Why not everyone is happy with the government’s model

The government’s model has been criticised for a few reasons.

The first is that it would fail to achieve its main aim of exposing corruption in the public sector.

The bar for investigation is too high, requiring a reasonable suspicion of corruption amounting to a criminal offence before an investigation can even begin. This is a difficult hurdle to clear.

Lessons from the state anti-corruption commissions show evidence of corruption has been unveiled through investigations based on allegations, rather than before an investigation begins.

Another major criticism is that the proposed CIC will not have the power to hold public hearings.

Public hearings ensure proceedings are not cloaked in secrecy and will increase public trust. Notable inquiries in Australia have exposed major corruption through public hearings. This includes the Fitzgerald inquiry that revealed widespread corruption in the Queensland police force, leading to the resignations and imprisonments of various former ministers and officials.

But the attorney-general has raised legitimate issues about damage to individual reputations where a person subject to a public hearing has their reputation tarnished in the media, but is ultimately found not guilty by the courts.

This can be ameliorated by having the option of public and private hearings. Public hearings should be used only when it is in the public interest, balanced with considerations of individual reputation.

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

Critics have also complained about the CIC’s inability to initiate investigations itself and to receive complaints directly from the public. It can only investigate after a referral from the public sector, or if the CIC is conducting an investigation and discovers additional corrupt conduct in a different department. This is a significant limitation.

Other comparable investigative bodies have “own motion” powers to investigate issues based on public complaints.

There is no principled reason why we should keep MPs, their staff and public servants to a lower standard than law enforcement agencies. Corruption can manifest equally within the ranks of MPs, the public sector and law enforcement agencies.

The need for a national integrity commission

The public is calling out for a national integrity commission, with two-thirds (67%) of Australians in favour of one.

A group of judges have signed a letter calling for a national integrity commission with strong powers and the ability to hold public hearings.

Australians want a robust and well-resourced national integrity commission that has strong powers to achieve its mandate. The government should reconsider its model in light of public criticism.

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

Read more http://theconversation.com/governments-commonwealth-integrity-commission-will-not-stamp-out-public-sector-corruption-heres-why-127502

Why Pendant Lights Continue To Be A Popular Choice In Modern Interiors

Lighting has become an essential design element in modern homes, influencing both the appearance and functionality of interior spaces. Many homeowne...

How Whiteboard Supports Structured Communication In Work And Learning Environments

Clear communication and structured planning are essential in both professional and educational settings, which is why a whiteboard remains a practi...

How A Cardboard Box Manufacturer Supports Modern Packaging Needs

Packaging has become an essential part of modern business operations across retail, manufacturing, logistics, and e-commerce industries. Many busine...

How Pallet Racking Helps Businesses Improve Warehouse Operations

Efficient warehouse management depends on reliable storage systems that support organisation, safety, and productivity. Many businesses use pallet rac...

Why I/O Controller Is Essential For Efficient Industrial Automation Systems

Modern industrial systems rely heavily on automation and precise data exchange, which is why an I/O controller plays a critical role in ensuring sm...

Why Modern Traffic Management Systems Are Important For Safer Roads

Cities and industrial facilities increasingly rely on advanced Traffic Light System technology to improve road safety, traffic flow, and operationa...

How Structured eCommerce Web Design Influences Online Buying Behaviour

A strong online presence begins with effective eCommerce web design that prioritises both functionality and user experience. Businesses entering or...

What People Mean by “Alternative Doctor” And Why Expectations Around Care Are Changing

When people search for an “alternative doctor,” they’re usually looking for something specific, even if they haven’t fully defined it yet. I...

Why Does My Power Keep Tripping? Common Causes Explained by Electricians Sydney

The electrical system is the lifeblood of your home, powering everything from your phones to cooking utensils and more. But from time to time, your po...

Interstate Car Transporter Urges Buyers to Book Early

As the conflict in the Middle East continues to put increasing pressure on local fuel supply, Australian transport companies are experiencing increasi...

Digital Minimalism for Business Owners: Fewer Tools, Better Systems

Be honest. How many apps are open right now? One for scheduling, another for invoices, a third for customer notes, plus a spreadsheet someone email...

The Importance Of Proactive NDIS Renewal Preparation For Sustaining Your Provider Business

Your NDIS renewal notice is not a signal to start preparing. By the time it arrives, preparation should already be well underway. For new providers, s...

Why Fire Extinguisher Testing in Sydney Is Becoming a Records Game, Not Only a Maintenance Job

A fire extinguisher used to feel like one of the simpler parts of building safety. It hung on the wall, wore a service tag, and sat there quietly unle...

The Switchboard Upgrade Question Every Melbourne Renovator Should Ask Before the Walls Close Up

Renovations have a funny way of making people think on surfaces first. Splashback, stone, joinery, tapware, paint. Fair enough too. That is the exciti...

Winter Sanitation Gaps in Parramatta Kitchens: A Hidden Pest Risk

Winter brings a host of changes to our homes, from the chill in the air to the cozy warmth indoors. However, this season also introduces sanitation ch...

When to Seek Advice from Employment Lawyers in Melbourne

Australian employment law is detailed and, at times, complex, with rights and obligations that aren't always obvious to employees or employers witho...

7 Benefits of Professional Gutter Cleaning for Australian Homeowners

Gutters aren't exactly glamorous. They sit up there on the edge of your roof, doing their job quietly - until they stop working. Clogged, overflowing ...

Pipe Floats Strengthening Pipeline Performance In Demanding Environments

Pipelines often travel through environments that are anything but predictable, water currents shift, terrain changes, and materials keep moving unde...