Zali Steggall (Warringah, Independent) Share this | Hansard source

I'd like to support this amendment because it is clear that 'exceptional circumstances' is misunderstood, and, without definition, it raises great concerns. We know from the submission from the Victorian IBAC that it is about exceptional circumstances above and beyond the normal mill of integrity and anticorruption issues. So just what will qualify as exceptional circumstances?

Interestingly enough, I watched the Attorney-General with Sarah Ferguson on 7.30 recently, and she put it to him very specifically: 'What will be exceptional circumstances?' With respect, he dodged the question, saying he 'will leave that to the commissioner to determine', because, I would say, it's not clear in the government's mind what will be the exceptional circumstances. It leads to an inference that it's such a high bar that, in fact, there is an unwillingness to actually say just what will be exceptional circumstances. It undermines this legislation. I think, for the public to genuinely have confidence that we have the best possible National Anti-Corruption Commission, if we're going to keep a test of 'exceptional circumstances', it does need definition.

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