David Smith (Bean, Australian Labor Party) Share this | Hansard source

Yes. I rise to second this private member's bill, the Australian Capital Territory (Self-Government) Amendment (Act Integrity Commission Powers) Bill 2020. As outlined by the mover, the member for Fenner, this bill provides the administrative arrangements to allow for the establishment of the full vision of the ACT Integrity Commission. I commend his advocacy on this issue.

Briefly, at the last election in the territory, all parties committed to an integrity commission. In November 2018, the ACT Legislative Assembly passed an act to establish the ACT Integrity Commission. That bill passed with the tripartisan support of the assembly after extensive consultation with stakeholders and two inquiries. The ACT's Integrity Commission Act 2018 covers the activity of public officials and of the private sector where there is a relationship between it and the public sector. However, the Australian Capital Territory (Self-Government) Act 1988 prevents the assembly from making laws for the provision of policing services in the territory. This prohibits bringing ACT Policing within the scope of the ACT Integrity Commission.

This bill would amend the exclusion imposed by section 23 of the self-government act in order to allow the assembly to make laws that facilitate the investigation of integrity and corruption in relation to the provision of police services in the ACT. Currently, the Australian Commission for Law Enforcement Integrity, ACLEI, is required to provide relevant information and reports to the ACT Minister for Police and Emergency Services in certain situations. However, the ACT Integrity Commission does not have powers to instigate integrity activity relating to ACT Policing's activities provided through the purchase agreement. Further, public inquiries by ACLEI are initiated by the Commonwealth minister, creating a potential political obstacle to the ACT government's ability to initiate inquiries it sees as in the public interest.

Territorians expect proportionate oversight of the people tasked with maintaining peace and order within the territory and are rightly requesting the inclusion of ACT Policing officers in the scope of the ACT Integrity Commission. Like those just over the border in Queanbeyan, territorians deserve to see their police force covered by their integrity body—the same integrity body that oversees all other public officials in the ACT. By bringing ACT Policing matter within the scope of the integrity commission, this bill will enable the ACT government to regulate oversight mechanisms of all ACT public officials.

I spent a considerable time representing members of the Australian Federal Police and I'm very aware of members' concerns around doubling up on inquiries and potential issues around jurisdiction. To this end, as the member for Fenner has said, I'm encouraged and note that it is expected that the ACT Integrity Commission and ACLEI would settle a memorandum of understanding to ensure cases are not pursued twice and avoid unnecessary demarcation issues. I am of the view that allowing for ACT police to be covered by the ACT Integrity Commission will promote a higher level of transparency and a better relationship between Canberrans and their police force.

We on this side of the House stand for integrity and transparency in government, and have no tolerance for corruption. Labor will continue to call on the Morrison government to keep its election promise and establish a national integrity commission—one that is independent, fit for purpose and enjoys public confidence. In the ACT, as in the rest of Australia, the public has a right to trust that their public officials can stand up to justified scrutiny. That trust is not possible without mechanisms that can hold all public officers to account. The ACT Liberals and the ACT Greens both supported the ACT Labor government in setting up the ACT Integrity Commission. The federal Liberals now need to support the integrity powers Canberrans want, and it is up to their ACT colleagues to make sure they do.

Debate adjourned.

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