Andrew Wallace (Fisher, Liberal National Party) Share this | Hansard source

I rise to speak in support of the National Anti-Corruption Bill 2022. It is an equivocal support, though. I've grappled with this bill. There's no doubt in my mind that people who are in positions of responsibility have an onus to always act responsibly and conduct themselves in accordance with the law. No-one is above the law, whether it's a politician, a judge, a public servant or a member of the ADF. It doesn't matter who we're talking about; no-one is above the law. It's one of the principal tenets of our criminal justice system in this country and, in fact, in many Western countries. Corruption is wrong, and it should be stamped out where it is present. People who break the law should face the law.

Having said that, I want to talk a little bit about some of my concerns with this bill. I have some concerns about the draconian measures of this bill, where people no longer have a right to silence. They are compelled to give evidence. If you've been charged and you're on trial for a criminal offence and you are in a court of law, you can insist on your right to silence. A court or, in fact, even an investigating police officer can't compel you to answer questions. It's one of the fundamental principles, once again, of our criminal justice system. And yet in these ICAC models—pretty much across this country, in states and territories and in the federal model that's being proposed—you don't have that right. That right is stripped away from you. As a person who used to represent criminals, or alleged criminals, many years ago, I have some fundamental concerns about that. The criminal justice system provides people who are alleged to have committed offences greater rights than this bill will. I know that some people will say that this is not a court that makes a finding of guilt. I accept that. I think that what saves this is that ultimately these hearings will be done, in most instances, behind closed doors.

What really, really worries me—and I want to get this on the record—is the potential politicisation of this forum. Someone who could be acting with mala fides could make a complaint against an opposing parliamentarian, for example. Someone who might have it in for that person could make a complaint to the commission. We are kidding ourselves if we think that that's not going to happen. Unfortunately, it's going to happen. I know people who have appeared before these sorts of commissions and the sorts of pressures that people will feel. I wouldn't say it is duress, but it is extreme stress that these bodies put people through. These are things that we should tread very, very carefully around.

I do acknowledge that the model before us will predominantly have closed hearings, unless there are exceptional circumstances and unless it's in the public interest to have a public hearing. But we should also be very, very mindful that this bill is not just—and I say this to Australians who may be listening to this or reading this at a later time—a corruption commission for politicians. It will capture Australian public servants. It will capture members of the Australian Defence Force. It will capture people who are working in the NDIS system. It will capture anybody who is working in the Commonwealth Public Service, or, in fact, people who are contracted to the Commonwealth Public Service. So it is not just a commission for politicians. That's really quite an important point to make.

Having talked about of some my concerns—Mr Deputy Speaker, I won't wrap up there because I've still got another eight minutes, despite your wanting to wrap me up, let the record show. But the coalition—

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