24th Nov 2022, 1:22 PM – Representatives National Anti-Corruption Commission Bill 2022 - Consideration in Detail - Coalition amendments

The majority voted in favour of a motion to disagree with amendments (1) to (8), (10) to (17) and (19) to (34) introduced by Berowra MP Julian Leeser (Liberal), which means they failed.

What did the amendment do?

Mr Leeser explained that:

The coalition amendments are designed to improve the integrity, safeguards and operation of the National Anti-Corruption Commission. The National Anti-Corruption Commission has a very broad scope. It applies to parliamentarians and their staff, every Canberra public servant, our Defence Force, the Australian Federal Police, our diplomats and embassies around the world, and every contractor and every subcontractor who engages with the Commonwealth. It applies to almost every person exercising power under a law of the Commonwealth: pharmacists, NDIS workers, aged-care workers and Indigenous rangers.

... Our amendments also seek to further clarify the definition of corruption by amending section 8(1)(a) to remove the vague and superfluous phrase 'or that could adversely affect', consistent with the Law Council's submission, given that 'conspiracy' is included in section 8(10). We also seek to delete section 9(1)(c), which defines a corruption issue in relation to something that someone will do in the future. A person cannot be investigated and punished for actions they have not taken.

... Our amendments also adopt provisions from the coalition's Commonwealth Integrity Commission Bill to make it an offence to make vexatious referrals or to disclose that a person has been referred to the NACC.

On the issue of privileges, our amendments seek to give effect to the Law Council's recommendation. Because the privilege against self-incrimination is waived, material that is elicited by the Anti-Corruption Commission in a scenario under which a person doesn't have the rights they would usually have in a criminal investigation process must not then be used either directly or derivatively in a criminal process. There are also good public policy reasons that a person should be able to consult with their lawyer in confidence. Our amendments also clarify that the bill does not affect the law relating to legal professional privilege.

Our amendments also seek to apply time limits to investigations so that the commission is required to complete investigations within a definite period of 12 months. Those time limits could be extended by application to a court, but we need to see investigations not remaining open indefinitely, as they have done in some jurisdictions.

Finally, we believe the appointments of the commissioner and inspector must be above politics, and, to that end, we believe that their appointment should be subject to a supermajority of nine out of 12 members of the joint standing committee.

Read more about the bill in its bills digest.

Amendment text

The amendment text is available on openaustralia.org.au.