A National Anti-Corruption Commission (NACC) is to start work next year following the passage of its establishing legislation in the past week.
Empowered with the broad jurisdiction to investigate public sector corruption, including Public Service employees, politicians, their staff, office holders, Government contractors and others, the Commission will also have power over prevention and education functions to bolster anti-corruption efforts in the Commonwealth public sector.
Welcoming the passage of the NACC Bill, Prime Minister Anthony Albanese said the new “powerful, transparent and independent” Commission would return integrity, honesty and accountability to Government.
Mr Albanese said it would operate independent of Government, with discretion to commence inquiries on its own initiative or in response to referrals, including from whistleblowers and the public.
“[The Commission will] have the power to investigate allegations of serious or systemic corruption that occurred before or after its establishment,” Mr Albanese said.
“[It will] have the power to hold public hearings in exceptional circumstances and where it is in the public interest to do so,” he said.
“[The Commission will] be empowered to make findings of fact, including findings of corrupt conduct, and refer findings that could constitute criminal conduct to the Australian Federal Police or the Commonwealth Director of Public Prosecutions.”
The whistleblower protections have been welcomed by the Community and Public Sector Union (CPSU) which said a key part of any anti-corruption process must be protections for those who speak out on issues of public integrity.
“However, it is also vital that those speaking are able to seek advice and representation from their relevant union,” the CPSU said.
“Access to union advice and support is central to the ability of whistleblowers to confidently and safely navigate the process of speaking out on matters of public integrity,” it said.
“Without the ability to speak with their union representatives and access advice and support on their rights, potential whistleblowers may be deterred from raising issues.”
The CPSU called on the Government to ensure the issue of the whistleblowers’ union protection was addressed before the National Anti-Corruption Commission became operational.
He said the Commission would operate with procedural fairness and its findings would be subject to judicial review.
