Justine Elliot (Richmond, Australian Labor Party, Assistant Minister for Social Services) Share this | Hansard source

I too rise to speak on the Albanese Labor government's National Anti-Corruption Commission Bill 2022 and, of course, our amendments. Trust in government is so important, and this bill delivers on our election commitment to legislate a powerful, transparent and independent National Anti-Corruption Commission by the end of the year. We went to the election and put that to the people. The bill will establish the commission as an independent agency and empower it to investigate and report on serious or systemic corruption in the Commonwealth public sector and also to refer evidence of criminal corrupt conduct for prosecution and to undertake, really importantly, education and prevention activities.

The Commonwealth is the last jurisdiction in the nation—the last one—to implement an anticorruption body, and our national model draws on the very best elements of all the state and territory jurisdictions, which have been operating for a considerable amount of time. The reason that we are indeed the last jurisdiction relates specifically to the inaction of the Liberals and Nationals over many, many years. We heard them promise, quite falsely, many times that they would introduce some form of a national integrity body, albeit a very inadequate form, but they never actually delivered on that. They failed to establish one. They also failed to actually introduce any legislation into the House to that effect. This was despite widespread calls right across the community for such an entity. People en masse were calling for greater transparency in the federal government and the federal jurisdiction.

Establishing a national anticorruption commission is vitally important for our nation. It's important for people to have trust and faith in all their institutions. This is an issue that I have publicly called for on so many occasions over the years, and it's one that Labor is absolutely committed to. It is Labor that are now delivering on this and delivering on our election commitments. It was also, of course, one of the major issues in this year's federal election. In my electorate of Richmond, this is an issue that I have spoken about with many locals for a considerable time—for years, in fact—and it was one of the major policies that we took to the election.

I'm very proud to be a strong voice for the New South Wales North Coast in the Albanese Labor government. We are a government that is delivering on integrity, on honesty and on accountability through this National Anti-Corruption Commission. We know how important this is.

I come to this from a number of perspectives, but particularly as a former police officer. I certainly know why oversight and transparency are so important to the proper functioning of all our institutions. It actually matters, because integrity matters, and we need to have those oversight bodies across all of our institutions. That's why commissions with oversight and investigative powers really do matter in terms of people's trust.

Today we tabled our amendments to further strengthen the bill, and these amendments follow very careful consideration of the recommendations made in the reports of the Joint Select Committee on National Anti-Corruption Commission Legislation and the Parliamentary Joint Committee on Human Rights. These committees presented the government with a range of recommendations and changes, and I would like to run through some of these because they are very important and really do strengthen the bill.

In particular, it broadens the safeguards for the protection of journalists, and I'll go into further detail about that later. It also improves the safeguards for the wellbeing of persons who may require assistance to comply with a summons or notice to produce, and it expressly permits people to disclose information to a medical professional, which is vitally important as well, given the circumstances they would be in. It also requires the commission to advise a person whose conduct is being investigated of the outcome of the investigation. It amends the definition of 'corrupt conduct'. It requires surveillance and interception warrants to be issued by eligible judges of federal or superior courts, and it enhances the power of the commission inspector regarding witnesses summons and arrest warrants. It narrows the grounds for bringing contempt proceedings. It's amending the requirement that all evidence which discloses legal advice be given in private. So these are really important amendments to strengthen the bill. It is through this entire process of listening to all of the concerns that have been raised that we have been able to strengthen the bill.

This legislation is a cornerstone of our agenda to restore public trust and strengthen the standards of integrity in our federal government, and that is what Australians voted for. The design principles were developed with legal and integrity experts. And, as I've said, this national commission—very proudly the first of its kind—draws on the best elements of existing state and territory anticorruption commissions and laws.

I would like to now speak to a number of important principles of the bill regarding the jurisdiction of the commission. The bill provides the commission with a very broad jurisdiction—which is important—to investigate serious or systemic corrupt conduct across the Commonwealth public sector. The commission will have the power to investigate ministers, parliamentarians and their staff, statutory office holders, employees of all government entities, contractors and contracted service providers. It will, very importantly, have discretion to commence inquiries of its own initiative or in response to a referral, and it'll be able to investigate both criminal and non-criminal corrupt conduct, and conduct occurring before and after its establishment. That issue of retrospectivity is vitally important, too.

The definition of 'corrupt conduct' is central to the functions and jurisdiction of the commission and is consistent with very key elements of existing definitions. The definition encompasses conduct by a public official that involves an abuse of office, a breach of public trust or the misuse of information. The commissioner's powers will be very widespread, a full suite of powers, very similar to those of a royal commission. The commissioner is able to use these powers to undertake an investigation into a corruption issue if the commissioner is of the opinion that it could involve serious or systemic corrupt conduct. To determine whether such an allegation would be serious or systemic, the commissioner can also undertake preliminary inquiries by using powers to compel the production of information, which is vitally important to establish the facts to move forward.

Very importantly, too, the commission will be able to hold public hearings if satisfied that it's in the public interest and exceptional circumstances justify doing so. This is extremely important. The exceptional-circumstances test is really an appropriate threshold because of the significant nature of the power to compel a person to answer questions at a public hearing, the sensitivities involved in holding public hearings—for example, there may potentially be the risk of prejudicing a future criminal investigation or a trial—and taking into consideration the issues of reputational harm that may arise. So it's important that the commissioner has that capacity.

But this commission and this commissioner will be totally independent, and that's, of course, secured in a whole variety of ways. As I said, they can conduct investigations of their own initiative in response to referrals or allegations from any source, and it's vital to the absolute essence of this integrity commission to ensure that independence. There will be oversight of the commission by a parliamentary joint committee and an inspector, and the joint committee is multipartisan. They will have a number of roles as well. These are all very important safeguards.

Really importantly, this bill provides whistleblower protections, something that I and many people in my electorate feel strongly about. There are strong protections for whisteblowers against adverse consequences, including criminal offences and immunities. Public officials making disclosures to the commission will be protected under the Public Interest Disclosure Act 2013, and it is vitally important that people feel confident to put forward that information.

Another very big issue in my electorate and right throughout the country was the importance of having journalistic protections also, and this bill ensures that the appropriate protections are there. It does include an exemption for journalists, for a journalist's employer and for persons assisting a journalist in their work from answering questions or providing information that would enable the identity of an informant to be ascertained. There may be a number of people who assist a journalist in their professional capacity, either associated with their work role or associated indirectly—for example, a lawyer providing legal advice. It's vital that we have these protections and that that particular aspect is enshrined in this bill, because those journalistic protections, too, are at the heart of the importance of this legislation.

Equally important are the reputational and wellbeing safeguards, and the commission needs to be balanced with really strong safeguards to ensure that corruption investigations do not cause undue damage to a person's reputation or wellbeing. This can include requiring public hearings to be held in private, unless the commissioner's satisfied that it's in the public interest and that exceptional circumstances justify holding a hearing in public or requiring the commissioner to clarify the capacity in which a witness is appearing at a public hearing. It's important to have all of those safeguards in place. Also, permitting disclosure of information that is subject to a non-disclosure notation to a medical practitioner or psychologist—I think that it's important that people are able to do that and have the capacity to do that sometimes, given the circumstances of the investigations. Also, if the commissioner forms the opinion that the person has not engaged in corrupt conduct a statement to that effect, and if a person gives evidence at a hearing and is not subject of any findings or opinions in relation to the corruption allegation a statement to that effect—that is so vitally important. We need to make sure those safeguards are provided.

The element of reporting is vital as well. Reporting at the end of investigations will provide transparency and support the commission's prevention and education function as well. After completing a corruption investigation the commissioner will be required to prepare a report setting out their findings and recommendations. We know how important it is that that is in place. The prevention and education functions are also necessary. They will also have a mandate to undertake a whole range of corruption prevention and education functions, and that can include undertaking public inquiries to examine corruption risks and vulnerabilities and measures to prevent corruption. Also, the role of broader public education, in terms of the role of the commission, and the corruption risks that may potentially occur, and avenues to report corrupt conduct—the commission will have a very widespread remit. I think those educational aspects and prevention play a very vital role in the success of the commission.

As I said, for many, many years I have been on the public record absolutely supporting the establishment of a national integrity commission. I called for that because of the need for transparency and accountability. As I say, we need to have it in all of our institutions across all levels of government. The fact that we haven't had it has really been a disgrace. It has taken the election of a Labor government to make it happen. It has been many, many years. We have had so many people right across the community—not just in legal circles but in a whole range of different community sectors and individuals—countless numbers of people, who have raised it with me over the years. I have wholeheartedly supported having it in place for many, many years, as I say, for many reasons, but primarily—my background is as a former police officer. I know how important it is that people can see there are avenues to have protection for our institutions and a capacity to make sure that action can be taken and investigated. It is important for all of those people within the institutions to know that such strong integrity measures do exist. At the same time, it's important to have a whole range of safeguards in place. The balance has to be right and this bill and our amendments get that balance right to ensure that people can absolutely have faith in this.

I'm really proud to be speaking on this bill today, because it has been many years to get to this point and it is really important. It's one of the many important bills that we'll pass here. I, along with all my colleagues, and the Albanese Labor government, look forward to the whole parliament coming together to pass this important legislation to finally establish—and we will do that—a powerful, transparent and, very importantly, independent National Anti-Corruption Commission. I certainly hope that indeed all of the House supports it. It's important for us in this institution and important for the general public to see that this is what their government is doing, this is what the Labor government is doing. I commend the bill to the House.

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