24th Nov 2022, 11:26 AM – Representatives National Anti-Corruption Commission Bill 2022 - Consideration in Detail - Majority

The majority voted in favour of a motion to disagree with amendment (10) introduced by Indi MP Helen Haines (Independent), which means it failed.

What did the amendment do?

Dr Haines explained that:

This is a very important amendment because it speaks to independence again—the separation of the National Anti-Corruption Commission from the executive arm of government in a way that brings full transparency and accountability to this incredibly important legislation ...

This amendment will strengthen the all-important parliamentary oversight committee's role in keeping the NACC independent. This amendment requires that a majority of the parliamentary joint committee, when considering whether to approve or reject the appointment of a commissioner, a deputy commissioner or an inspector, must include at least two non-government members. The amendment will ensure that decision to approve or reject recommendations for the incredibly important appointment of the commissioner—the appointment of the commissioner is a make or break deal. We must make sure that it has the support of the whole parliament. So this amendment will ensure that that decision to approve or reject the recommendations for the appointment of the commissioner, deputy commissioner or inspector is a true consensus decision of this oversight committee, and not a government fait accompli.

This amendment adopts the appointment clause from my own bill, the Australian Federal Integrity Commission Bill, and I believe it's a very fair amendment. It ensures that the appointment decision has multipartisan support. It prevents the government appointing the commissioner, deputy commissioner or inspector when the proposal is only supported by the government. It ensures that when that crucial decision is made that at least two non-government members form part of the majority in approving that decision.

Read more about the bill in its bills digest.

Amendment text

(10) Clause 178, page 146 (after line 17), after subclause (2), insert:

(2A) The decision to approve or reject a proposed recommendation is to be determined by a majority of all of the members of the Committee for the time being holding office. The majority must include:

(a) at least 2 Government members; and

(b) at least 2 non-Government members.