Senate debates

Tuesday, 22 November 2022

Committees

National Anti-Corruption Commission Legislation Joint Select Committee; Report

5:46 pm

Photo of Linda WhiteLinda White (Victoria, Australian Labor Party) Share this | Hansard source

I move:

That the Senate take note of the report.

I rise to speak to the Joint Select Committee Advisory report on the provisions of the National Anti-Corruption Commission Bill 2022 and the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022, dated November 2022 and tabled out of session.

In late September this year the Attorney-General referred consideration of the National Anti-Corruption Commission Bill 2022 and the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022—which we affectionately refer to as the 'NACC bills'—to a joint select committee with representatives from both houses. I was privileged to serve as chair of this committee. The committee subsequently invited organisations and interested members of the public to make submissions in relation to the provisions of the bills, and held hearings across four days in October.

On 10 November 2022 the committee's report was provided to the President of the Senate and tabled in the House of Representatives by Dr Helen Haines, the member for Indi and deputy chair of the committee. The report contained the unanimous view of all committee members that the creation of a National Anti-Corruption Commission was critical to restoring the public's trust and confidence in elected representatives and public officials. The committee was greatly assisted in its work by the contributions from a broad range of views put by organisations and individuals from all states and territories, including trade unions, academics, civil society organisations, law societies, media organisations and government departments. Over 120 submissions were received, and 40 organisations and individuals appeared at the committee's hearings.

On behalf of the committee, I thank those who took the time to offer their views about the provisions of the legislation and for their thoughtful and considered contributions. In particular, the committee had the benefit of hearing from former and current commissioners and inspectors from state and territory based anticorruption bodies. Their experiences and the views they offered in relation to the functionality of the legislation in their jurisdictions, and how the NACC bills could be improved, were of invaluable assistance to the committee's work. I thank those who appeared before the committee for making the time to offer these contributions. I would also like to express my thanks to the committee secretariat, who did an exemplary job of managing the submission and inquiry process, and who were instrumental in the preparation of the committee's report. Their professionalism and hard work were deeply appreciated by the committee. I would also like to acknowledge the work and dedication of my own staff, Caitlin and Ben, in assisting me with this very important task.

The committee's report ultimately made six recommendations for changes to the legislation. These changes include permitting witnesses involved in investigations to disclose relevant matters to a psychologist or other medical practitioners; adjusting the definition of corrupt conduct; extending the role of the inspector to include an audit function in relation to the use of coercive powers; clarifying that the commissioner can investigate matters on their own motion; ensuring that all persons within a media organisation are offered protections in relation to the disclosure of journalists' sources; and requiring a person who is the subject of an investigation to be notified of the outcome.

I'm pleased that the recommendations are now reflected in the government's proposed amendments to the legislation being debated now in the other place. The Attorney-General is to be commended for moving to introduce the NACC as soon as possible and for subjecting the provisions of the legislation to the scrutiny of the public and the joint select committee.

The introduction of the National Anti-Corruption Commission represents a watershed moment in Australian history. The transparency and accountability of our nation's parliamentarians and public officials are plainly a significant issue of concern for the electorate. This government is committed to restoring trust and confidence at a national level, and the creation of the National Anti-Corruption Commission is a significant part of a suite of reforms designed to achieve this outcome.

I thank my fellow committee members for the dedication and commitment to collaboration they exhibited in the review process. The level of engagement and close attention to detail displayed by all members in the course of the public hearings and our deliberations was surely an example of parliament working at its best. For me, as a first-time chair, the bar set by the members of this committee is one all others will be measured against. I'm proud to commend the report and the NACC bills to the Senate.

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