Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

I would again thank the member for Indi for her constructive engagement on this legislation. As I have said previously, this matter of 'exceptional circumstances' is certainly a matter on which reasonable minds can differ. The commissioner will have the discretion to hold public hearings, if they are satisfied that it is in the public interest and exceptional circumstances justify doing so. It's the government's view that this is an appropriate threshold which reflects the significant nature of the power to compel a person to answer questions at a public hearing. It reflects the sensitivities involved in holding public hearings—for example, the risk of prejudicing a future criminal investigation or trial. And it reflects the issues of reputational harm which may arise. It's appropriate that this discretion rests with the commissioner. The government doesn't support this amendment.

I just want to answer a comment that was made by the member for Wentworth. In her earlier remarks about public hearings, she quoted the late David Ipp, who provided such service to the people of New South Wales as the ICAC commissioner. It's very important that everybody understands that the bill does not ban public hearings. The comments of the late David Ipp that the member for Wentworth quoted were about whether or not to hold public hearings at all. The former government's proposal was not to hold public hearings at all. To the contrary, this bill leaves that question to the discretion of the commissioner.

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