24th Nov 2022, 12:06 PM – Representatives National Anti-Corruption Commission Bill 2022 - Consideration in Detail - Statement about witnesses and non-disclosure notations

The majority voted in favour of a motion to disagree with amendments (4) and (5) introduced by Fowler MP Dai Le (Independent), which means they failed.

What did the amendment do?

Ms Le explained that:

My fourth amendment will seek to ensure that, when the commissioner plans to make a public statement about an investigation, they must consider the need to, firstly, provide the context in which a witness is called; and, secondly, provide support against the onslaught of public scrutiny that may arise throughout the investigation. The fifth amendment aims to sure that those who are facing an inquiry will be able to at least share the fact that they have been summoned with their spouse, unless the spouse is also under investigation, to alleviate pressures and provide support during a time that is no doubt stressful and, in some cultures, tremendously humiliating.

Read more about the bill in its bills digest.

Amendment text

(4) Clause 73, page 69 (line 10), at the end of subclause (5), add:

; (c) the context in which the witness is appearing at the hearing;

(d) the need for the public not to scrutinise a witness before the corruption investigation has been completed.

(5) Clause 95, page 82 (lines 9 and 10), omit subclause (2), substitute:

(2) The notation must permit disclosure of information to:

(a) the spouse of the recipient of the notice to produce or private hearings summons (unless the spouse is a subject of the corruption investigation in relation to which the notice or summons is given); and

(b) any mental health professional who is providing mental health care to the recipient of the notice to produce or private hearings summons.