National Anti-Corruption Commission (Australia)

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National Anti-Corruption Commission
National Anti-Corruption Commission (Australia) logo.svg
Commission overview
Formed1 July 2023
Preceding Commission
Jurisdiction Australian Government
Headquarters Canberra, Australian Capital Territory
Employees180 (July 2023) [1]
Minister responsible
Commission executives
  • The Hon Paul Brereton AM RFD SC, Commissioner
  • Ben Gauntlett, Deputy Commissioner
  • Kylie Kilgour, Deputy Commissioner
  • Nicole Rose PSM, Deputy Commissioner
  • Philip Reed, Chief Executive Officer
  • Gail Furness, Inspector
Website www.nacc.gov.au
Governing legislation National Anti-Corruption Commission Act 2022 (Cth)

The National Anti-Corruption Commission, often shortened to the NACC, is an independent federal Australian Government agency that was created under the National Anti-Corruption Commission Act 2022. [2] [3] The commission is designed to combat corrupt conduct from public officials employed in the Australian Public Service (APS), including politicians and bureaucrats. It was established on 1 July 2023, and replaced the Australian Commission for Law Enforcement Integrity (ACLEI).

Contents

History

Greens leader Bob Brown called on the Rudd government in 2009 to establish an integrity commission. [4] Over the decade since 2012, Australia's score in the Corruption Perceptions Index from Transparency International has slipped from 7th place in 2012 to 18th in 2022. [5] There is a public perception that corruption in Australia is increasing. [6] Although every state in Australia had its own anti-corruption agency as of 2017, calls for a federal anti-corruption agency were ignored. Existing federal agencies that have anti-corruption as part of their remit include the Australian Commission for Law Enforcement Integrity (ACLEI), the Australian Federal Police (AFP), the Australian Public Service Commission (APSC), the Commonwealth Ombudsman and the Australian National Audit Office. [7] Since January 2017, the Australia Institute has actively advocated for establishing a federal anti-corruption body, starting with an open letter signed by 49 prominent Australians urging the Prime Minister to create such a watchdog. [8] In October 2017, it supported the formation of the National Integrity Commission, a group of former judges dedicated to advancing this cause through research, education, and commentary. [9] In 2017, a parliamentary committee reported on the establishment of a national integrity commission. [10] As of 2019, the Labor proposal for a National Integrity Commission did not define corrupt conduct or include a threshold for investigation. [4] In June 2022, the Attorney-General, Mark Dreyfus, advertised roles in the NACC taskforce. [11] . The Labor Government introduced legislation for the NACC in October 2022, with the National Integrity Commission becoming operational in 2023. [12]

Coalition proposal

In January 2018, Australian Labor Party (ALP) leader Bill Shorten pledged to establish a national integrity commission if elected. [13] Despite earlier dismissing the idea as a "fringe issue", in December 2018, prime minister Scott Morrison promised to establish an anti-corruption body if the Liberal-National Coalition won the 2019 election. [14] The previous August, Griffith University researchers had laid out a plan for a Commonwealth Integrity Commission, [15] and Attorney-General Christian Porter had been working on adapting the Australian Commission for Law Enforcement Integrity into an anti-corruption watchdog in the Turnbull government. [14] The framework was criticised for its narrow remit and the decision not to allow public hearings, and not being allowed to take tip-offs, as well as the high burden of proof needed before an investigation can take place. [16] Additionally, ministers would have to agree to allow an investigation into anything they were engaged with. [17] The Morrison government was critical of the NSW ICAC model. The Morrison government model also did not give the CIC power to address "grey corruption" such as lobbying, bribery, political donations and the "revolving door". [18] The Morrison government tabled an exposure draft, [19] but insisted that Labor would have to support it before the government brought it to a vote. The CIC was not part of the Morrison government's agenda during the 2022 election campaign. [20]

Cathy McGowan proposal

Cathy McGowan House.jpg
Larissa Waters 2019.png
Cropped portrait of Helen Haines -- June 2022.jpg
Cathy McGowan, Larissa Waters, and Helen Haines all submitted bills to establish a federal anti-corruption commission in the 2010s

Senator Larissa Waters amended a plan by former member for Indi Cathy McGowan which passed the Senate in 2018, refining the meaning of corrupt conduct and limiting the retrospective powers of a federal integrity body to 10 years. [21] It was allowed to lapse in April 2022. [22]

A bill produced by Independent member for Indi Helen Haines to introduce a federal anti-corruption body was blocked in Parliament by the Coalition in November 2021. Liberal MP Bridget Archer crossed the floor to support it. [23] By the time Haines introduced the bill, it had been refined by consultation with legal academics, panels of retired judges, civil society stakeholders, ethicists and MPs. [24] It was allowed to lapse in April 2022. [25] Labor said that it would draw on Haines' bill to inform its legislation, [26] however the NACC has significant differences from Haines' bill. [27]

Introduction into Parliament

Anthony Albanese led the Labor Party to victory in the 2022 federal election with an election promise to establish an anti-corruption watchdog. [28] On 28 September 2022, the Albanese government introduced the National Anti-Corruption Commission Bill 2022 and National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022 to parliament. The introduction of the bills was delayed by the death of Queen Elizabeth II three weeks prior. Crossbenchers have proposed that the scope of the NACC should extend to being able to investigate third parties getting in touch with politicians. [29] The bills to establish the National Anti-Corruption Commission passed the House of Representatives on 24 November 2022; they passed the Senate on 29 November 2022 after crossbench amendments were either withdrawn or defeated. [2] On 12 December 2022, the bills received royal assent, and the NACC began operations on 1 July 2023. [30] The commission received 44 referrals of corrupt conduct in its first two days of operation. [31]

Organisational structure

The NACC is led by a commissioner, three deputy commissioners and a chief executive officer. The inaugural commissioner is Paul Brereton. One of the three deputy commissioners is Jaala Hinchcliffe, the integrity commissioner and head of the Australian Commission for Law Enforcement Integrity until the latter was absorbed into the NACC. Hinchcliffe's appointment as a deputy commissioner is temporary until a permanent third deputy commissioner is appointed. All other leadership positions have a term of five years. [32]

Powers

The NACC has the power to investigate Commonwealth ministers, public servants, statutory office holders, government agencies, parliamentarians, and personal staff of politicians. [33] Non-government actors will not be covered. [27] It is independent of government, with the power to initiate its own investigations as well as in response to tip-offs from referrals, including whistleblowers and the public. [33]

The NACC is overseen by a statutory bipartisan Joint Standing Committee of the Parliament. [33] It has the power to investigate retrospectively. [33] It also has the power to hold public hearings when it is in the public interest, [33] however, the NACC will hold private hearings by default. [34] . According to research by the Australia Institute, two-thirds of Australians (67%) support an anti-corruption commission having the power to conduct public hearings when it serves the public interest. [35]

It will not be able to make a finding of criminality. [36] The NACC has the power to investigate pork barrelling. [37] [27] It does not have the power to sack parliamentarians. [38]

Investigations

The NACC publishes weekly updates on the number of referrals it has received along with the number of investigations open. [39]

History
DateReferrals
10 July 2023 [40] 311
17 July 2023 [41] 437
24 July 2023 [42] 494
31 July 2023 [43] 541
7 August 2023 [44] 587
14 August 2023 [45] 624
21 August 2023 [46] 665
28 August 2023 [47] 738
4 September 2023 [48] 813

State/territory anti-corruption commissions

See also

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References

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