26 September 2023

PS and Parliament to face corruption court

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Attorney-General Mark Dreyfus

The Departments of the Prime Minister and Cabinet and Attorney-General have announced that an independent National Anti-Corruption Commission (NACC) is to be established in the Australian Public Service.

Intended as “powerful, transparent and independent’, the planned NACC is to have the capacity to tackle corruption and restore trust and integrity to federal politics.

It will be funded with $264 million for its first four years.

“This funding will ensure the Commission has the staff, capabilities and capacity to properly consider referrals and allegations, conduct timely investigations and undertake corruption prevention and education activities,” the Departments said.

They said it would be built on design principles which would include power to investigate corrupt conduct by people throughout the Commonwealth public sector by Ministers and others as well as employees of all Government entities and government contractors.

The Commission will operate independently of Government, be overseen by a Parliamentary Joint Committee, have the power to investigate allegations that occurred before its establishment, hold public hearings in exceptional circumstances and direct matters to the Australian Federal Police or the Commonwealth Director of Public Prosecutions.

“The Commission will operate with procedural fairness and its findings will be subject to judicial review,” the Departments said

“The NACC will have broad jurisdiction to investigate public sector corruption, as well as prevention and education functions to bolster anti-corruption efforts in the Commonwealth public sector,” the Attorney-General’s Department said.

“Subject to the passage of the legislation, the NACC is expected to be established in mid-2023.”

They said that any person will be able to refer a corruption issue to the NACC. The NACC could also conduct an investigation on its own motion.

According to the Departments, Commonwealth Agency heads will be obliged to refer obligations to the Commission where they suspect serious or systemic corrupt conduct and other members of the Public Service will be protected if they disclose information or evidence to it.

Further detailed information about the proposed NACC can be accessed from the Attorney-General’s Department at this PS News link.

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