tag:theconversation.com,2011:/ca/topics/icac-4264/articlesICAC – The Conversation2023-06-29T10:28:51Ztag:theconversation.com,2011:article/2087562023-06-29T10:28:51Z2023-06-29T10:28:51ZGrattan on Friday: ICAC shows it has the power to break public figures, but doesn’t escape criticism itself<p>If then-Prime Minister Scott Morrison had had his way, Gladys Berejiklian would have run for the Sydney seat of Warringah, held by independent Zali Steggall, at last year’s election. </p>
<p>Imagine the situation Opposition leader Peter Dutton would be in now – after Thursday’s Independent Commission Against Corruption finding the former New South Wales premier had acted corruptly – if she’d agreed, and pulled off a very long-odds win against the popular Steggall. </p>
<p>Dutton might have been facing yet another byelection, on top of the current one in the Queensland seat of Fadden, which has been triggered by the resignation of former minister Stuart Robert. </p>
<p>Robert, as it happens, has been accused of misusing his position in relation to government contracts, allegations he totally denies, but which are being exploited by Labor in the July 15 contest. </p>
<p>Morrison wanted Berejiklian as candidate because she was a vote magnet; he dismissed ICAC as a kangaroo court. Some other Liberals, and many voters, couldn’t believe Berejiklian might have compromised her integrity. One line being put forth painted her as the victim of an unscrupulous man. Some people simply didn’t much care about the claims against her.</p>
<p>For many female voters, Berejiklian was the poster face for how high women could fly in politics. During COVID, her status soared as a leader who successfully juggled health and economic imperatives. In May 2021, the Australian Financial Review magazine proclaimed her “The Woman Who Saved Australia”. </p>
<p>But it had been clear in October 2020 when she gave evidence (as a witness) to ICAC, in which she revealed her secret relationship with ex-boyfriend and former member for Wagga Wagga, Daryl Maguire, that she had not followed proper standards of conduct. </p>
<p>The phone taps of their conversations, in which Berejiklian turned a deliberately deaf ear to Maguire’s dodgy dealings, were devastating. Her failure to disclose this personal relationship was inexplicable to those who thought they knew her well, including former Premier Mike Baird. Suddenly, she became a mystery to them. </p>
<p>It was, however, not until a year later that Berejiklian resigned, after ICAC turned its blowtorch directly on to her. She strongly maintained her innocence, and the NSW Coalition government lost what was probably its last chance of survival. </p>
<p>ICAC’s findings against Berejiklian are blunt and damning. It condemned as “serious corrupt conduct by breaching public trust” her intense efforts to ensure Maguire obtained the funding he sought for his electorate, while she failed throughout to disclose their personal relationship. </p>
<p>It also found she did not do her duty under the ICAC Act “to notify the commission of her suspicion that Mr Maguire had engaged in activities which concerned, or might have concerned, corrupt conduct”.</p>
<p>Despite the ICAC findings, many people are likely to remain sympathetic to Berejiklian. For them, she is not just someone who was successful as premier, but a very relatable person. </p>
<p>Even NSW Labor Premier Chris Minns said nothing in the report took away from Berejiklian’s “handling of the COVID emergency, which I still regard as excellent”. </p>
<p>In the wake of the ICAC report, Berejiklian was, as ever, publicly defiant. “At all times I have worked my hardest in the public interest. Nothing in this report demonstrates otherwise,” she said in a brief statement. Berejiklian, now in a senior position with Optus, doesn’t do contrition. </p>
<p>She is the third Liberal premier to be brought down by ICAC – the others were Nick Greiner (who set up ICAC and later had the finding against him overturned in court) and Barry O'Farrell (over an expensive bottle of wine). It is an extraordinary record. </p>
<p>ICAC itself has not emerged unscathed from the Berejiklian inquiry, with criticism in particular of the extremely long time it has taken to deliver its report. Minns has indicated he is open to reforms of ICAC, and will seek bipartisan support.</p>
<p>Notably, Minns also flagged public figures should not necessarily have to stand down while inquiries into their conduct run. “It shouldn’t happen in an automatic way. People have a right to have an investigation and the final findings submitted to the public and the parliament, before their political life has stopped or ended.”</p>
<p>Some critics believe ICAC’s conclusion on Berejiklian is too harsh. The argument is also being put that it leaves Berejiklian in limbo – condemned as “corrupt” but with no charges recommended. Former NSW treasurer and leading party moderate Matt Kean declared: “So it has taken ICAC two years to tell us that Gladys Berejiklian has not broken the law.”</p>
<p>The counter argument, however, is that conduct can be “corrupt” without actually meeting the standard of illegality, and that such findings by an anti-corruption body act as deterrents and protect the body politic.</p>
<p>By coincidence, the finding on Berejiklian has come just as the new federal National Anti-Corruption Commission, under Paul Brereton (of the Afghanistan war crimes inquiry), comes into operation on Saturday. We know a federal body is overdue; we can’t know what impact the NACC will have over coming years, except that there will be surprises. </p>
<p>Under the NACC’s act, a public official engages in corrupt conduct if they breach public trust, abuse their office, or misuse official information. The act catches a person who is not an official (for example, a contractor to government) who does something adversely affecting an official’s “honest or impartial exercise of powers”. In their detail, these provisions are very broad.</p>
<p>Bearing in mind the experience of ICAC and other anti-corruption bodies, safeguards have been built in by the government. The NACC (which starts with about 180 staff) will have fewer public hearings than ICAC. It will have these only in “exceptional circumstances and where it is in the public interest”. This restriction was strongly contested by those who argued more transparency was desirable.</p>
<p>Even with the safeguards, there are said to be some private concerns within Labor about how the NACC will work out, given how feral federal politics can become.</p>
<p>Aware of the criticism of ICAC, the new federal body will presumably be very cognisant of the need to do its work in a timely fashion. </p>
<p>It won’t be short of suggestions for its early investigations. Possible or likely referrals range from the allegations against Robert to the PwC affair, while former minister Linda Reynolds has said she will refer the government’s compensation payment to Brittany Higgins. </p>
<p>Robodebt has had a royal commission – its report will be out imminently – so there would be little point in the NACC redoing that investigation. </p>
<p>It will be completely up to the NACC what it decides to investigate and, mostly, we won’t know what it is doing until the late stage or end of an inquiry. </p>
<p>While the NACC has strong public support, the experience of ICAC indicates any anti-corruption body will inevitably, over the years, find itself at the centre of intense controversies. With the power to break public figures, the stakes in some investigations will be very high.</p><img src="https://counter.theconversation.com/content/208756/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>With the National Anti-Corruption Commission starting its work, the experience of ICAC indicates any anti-corruption body will inevitably find itself at the centre of controversies.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2086682023-06-29T04:36:11Z2023-06-29T04:36:11Z‘Grave misconduct’: Gladys Berejiklian corruption report should put all public officials on notice<p>When an anti-corruption agency issues a 688-page report with findings a former premier engaged in “serious corrupt conduct” and breached the public’s trust, it puts all public officials on notice.</p>
<p>In an extraordinary <a href="https://www.smh.com.au/politics/nsw/gladys-berejiklian-acted-corruptly-long-awaited-icac-report-finds-20221122-p5c07l.html">report</a> released today, the Independent Commission Against Corruption (ICAC) found former New South Wales Premier Gladys Berejiklian had taken steps to award government grants in a “desire on her part to maintain or advance” her relationship with former state MP Daryl Maguire.</p>
<p>The commission also faulted her for not disclosing her relationship with Maguire and for failing to report any suspicions she had about Maguire’s activities to the ICAC, calling this “grave misconduct”.</p>
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Read more:
<a href="https://theconversation.com/stadiums-bushfires-and-a-pandemic-how-will-gladys-berejiklian-be-remembered-as-premier-169096">Stadiums, bushfires and a pandemic: how will Gladys Berejiklian be remembered as premier?</a>
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<h2>Is Australia a corrupt country?</h2>
<p>Compared with most of the world, Australia is not a highly corrupt country. Yet, its ranking on the global Corruption Perceptions Index slipped significantly between 2012 and 2021, before <a href="https://www.theguardian.com/australia-news/2023/jan/31/australia-lifts-ranking-on-global-anti-corruption-index-after-hitting-record-low">stabilising this year</a>. </p>
<p>The ICAC report on Berejiklian’s conduct will further diminish Australia’s standing, but does it mean we necessarily have more corruption?</p>
<p>We always need to distinguish between situations in which corruption is the norm – such as in Somalia, Sudan, Afghanistan, Lebanon and Syria who are at the bottom of the Corruption Perceptions Index – or the exception, as in Australia.</p>
<p>In countries like Australia, citizens can go about their daily lives without the fear of being shaken down by a public official or being asked for a bribe to receive a public service, as they are in countries at the bottom of the standings.</p>
<p>However, in countries like ours, there is much more fury when corruption is uncovered because, above all, it is a betrayal of trust. We trust our politicians and public servants to act in the public interest, and when it is found they have not, we are rightfully outraged.</p>
<p>As cases like this demonstrate, corruption in richer countries often involves conflicts of interest, the misuse of information and the purchase of government access. This is why investigatory bodies like the ICAC are so vital to maintaining government integrity. </p>
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Read more:
<a href="https://theconversation.com/after-a-decade-of-decline-australia-is-back-on-the-rise-in-a-global-anti-corruption-ranking-198305">After a decade of decline, Australia is back on the rise in a global anti-corruption ranking</a>
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<h2>Criticism of anti-corruption bodies</h2>
<p>On the federal level, the government has finally established a National Anti-Corruption Commission, which commences operation on July 1. </p>
<p>This came into being after a long discussion about whether we really needed such an agency. When the allegations against Berejiklian first came to light, then-Prime Minister Scott Morrison disparaged the idea of an anti-corruption body, likening it to a “<a href="https://www.theguardian.com/australia-news/2021/nov/25/morrison-accuses-critics-of-wanting-kangaroo-court-as-liberal-mp-crosses-floor-over-integrity-bill">kangaroo court</a>”.</p>
<p>He also accused the ICAC in NSW of making “shameful attacks” on Berejiklian and tarnishing the reputation of public figures.</p>
<p>However, the whole point of anti-corruption agencies is they ensure the integrity of our public system is not compromised. This work does take time and careful consideration.</p>
<p>Anti-corruption agencies bark, but they do not bite. If they make findings of corrupt conduct, they leave prosecution to the discretion of the director of public prosecutions. If there are findings of misconduct or maladministration, it is up to government departments and public service commissioners to address them.</p>
<p>Not only do we now have a National Anti-Corruption Commission, but at the top of the Australian public service, there is now a huge focus on integrity and better behaviour and better processes.</p>
<h2>This is no longer politics as usual</h2>
<p>Most politicians and public servants in Australia operate with great integrity, but we have had significant shocks to our system in recent years. </p>
<p>The list includes the <a href="https://www.theguardian.com/australia-news/2023/mar/11/robodebt-five-years-of-lies-mistakes-and-failures-that-caused-a-18bn-scandal">Robodebt</a> fiasco, the <a href="https://www.theguardian.com/australia-news/2020/jul/21/sports-rorts-coalition-approved-at-least-six-grants-without-an-application-form-documents-reveal">sports</a> and <a href="https://theconversation.com/the-car-park-rorts-story-is-scandalous-but-it-will-keep-happening-unless-we-close-grant-loopholes-164779">car park rorts</a> scandals, an Australian National Audit Office <a href="https://www.abc.net.au/news/2023-06-06/scathing-report-into-morrison-government-health-funding-program/102443402">report</a> on community health centre funding breaches and <a href="https://www.afr.com/politics/federal/stuart-robert-faces-nacc-referral-over-kickback-claims-20230628-p5dk7i">allegations</a> of a plan to funnel kickbacks to a minister for steering contracts to a favoured company.</p>
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Read more:
<a href="https://theconversation.com/the-car-park-rorts-story-is-scandalous-but-it-will-keep-happening-unless-we-close-grant-loopholes-164779">The 'car park rorts' story is scandalous. But it will keep happening unless we close grant loopholes</a>
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<p>Then, of course, there is the <a href="https://www.afr.com/companies/professional-services/pwc-tax-leaks-scandal-a-timeline-20230622-p5dip8">ongoing PwC saga</a>, where allegations of conflicts of interest have been raised, alongside a confidentiality breach.</p>
<p>This catalogue of alleged activities stains our public sector (though PwC did not involve public officials) and must be investigated. They raise questions not just of behaviour, but go to the root of what is the public interest. </p>
<p>In the case of the former NSW premier, it seems a personal relationship ended up compromising her judgement. In the other cases, there was political advantage to be gained by breaching standards and acting inappropriately. Generally speaking, these are not things that make politicians or public servants rich. But it may make some of their mates rich.</p>
<p>The response from politicians typically has been “that’s politics” or “if you don’t like it, vote me out at the next election”. </p>
<p>These are not adequate responses to integrity breaches. We have started on an integrity-building process in the Australian public service and around the country. More action needs to be taken on areas like pork-barrelling (about which the NSW ICAC has written an <a href="https://www.icac.nsw.gov.au/investigations/past-investigations/2022/investigation-into-pork-barrelling--operation-jersey-">extensive separate report</a>) and election funding.</p>
<p>These findings by the NSW ICAC signal that holding public office is a matter of great trust, with standards that are expected are high. Excuses do not wash anymore.</p>
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Read more:
<a href="https://theconversation.com/grattan-on-friday-the-pwc-scandal-should-be-ripe-for-the-national-anti-corruption-commissions-attention-206867">Grattan on Friday: the PwC scandal should be ripe for the National Anti-Corruption Commission's attention</a>
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<img src="https://counter.theconversation.com/content/208668/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Adam Graycar has received funding from the Australian Research Council.</span></em></p>Corruption in countries like Australia can be difficult to spot, which is why bodies like ICAC are performing such a vital role.Adam Graycar, Professor of Public Policy, University of AdelaideLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1917592022-10-05T05:09:59Z2022-10-05T05:09:59ZWill the National Anti-Corruption Commission actually stamp out corruption in government?<figure><img src="https://images.theconversation.com/files/488207/original/file-20221005-22-ak1qnx.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Mick Tsikas/AAP</span></span></figcaption></figure><p>Last week, the government introduced into parliament the <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6917">bill</a> establishing the National Anti-Corruption Commission (NACC). </p>
<p>This honours the government’s <a href="https://www.ag.gov.au/integrity/anti-corruption/national-anti-corruption-commission-legislation">election commitment</a> to introduce a “powerful, transparent and independent” federal anti-corruption commission by the end of the year.</p>
<h2>What are the powers of NACC?</h2>
<p>So, how does the government’s NACC stack up against other models? </p>
<p>The NACC has strong coercive powers to investigate serious and systemic corrupt conduct in government, equivalent to the powers of a royal commission. This includes the power to compel documents and witnesses.</p>
<p>Retrospective investigations are possible, meaning the conduct of former governments can be examined. </p>
<p>The investigative threshold of “serious or systemic corrupt conduct” compares favourably to the previous Coalition government’s proposal, which required suspicion of corruption amounting to a criminal offence. Such a high bar would prevent investigations from even proceeding. </p>
<p>The NACC’s lower threshold may capture elements of “grey corruption”: that is, where a person has undue influence over a politician, such as by essentially buying that power through making large donations or hiring expensive lobbyists, particularly where it causes public officials to behave in corrupt ways.</p>
<p>Potentially the NACC could investigate the previous government’s repeated <a href="https://theconversation.com/another-day-another-rorts-scandal-this-time-with-car-parks-how-can-we-fix-the-system-163645">rorts scandals</a>, but only where it amounts to serious or systemic corrupt conduct. </p>
<p>The NACC has a broad jurisdiction to investigate the actions of ministers, MPs, ministerial staff, staff of Commonwealth agencies and companies, government contractors, and those acting on behalf of the Commonwealth.</p>
<p>But the NACC cannot investigate parties outside the public sector if they do not have contracts with the government.</p>
<p>In short, the NACC is equipped with strong powers to carry out their task of investigating corruption in the public sector.</p>
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Read more:
<a href="https://theconversation.com/how-does-the-governments-long-awaited-anti-corruption-bill-rate-an-integrity-expert-breaks-it-down-189878">How does the government’s long-awaited anti-corruption bill rate? An integrity expert breaks it down</a>
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<h2>Who will watch the watchdog?</h2>
<p>With such strong powers, safeguards are needed to ensure accountability for the NACC’s actions.</p>
<p>In this vein, decisions of the NACC would be subject to judicial review by the courts to ensure their legality.</p>
<p>The NACC will also be overseen by a parliamentary joint committee. This will be a bipartisan committee with members from government, the opposition and the cross-bench. </p>
<p>The parliamentary committee approves commissioner appointments and can report on the sufficiency of NACC’s budget. However, the budget is ultimately determined by Cabinet.</p>
<p>Anti-corruption commissions are vulnerable to having their budgets cut by hostile governments. For instance, the NSW Independent Commission Against Corruption (ICAC) has had its budget <a href="https://www.theguardian.com/australia-news/2020/oct/20/icacs-independence-threatened-under-nsw-funding-model">severely cut</a> following its explosive revelations of corruption in government.</p>
<h2>Will the NACC be effective?</h2>
<p>One criticism of the proposed NACC is the high threshold for public hearings, which can only be held in exceptional circumstances. This is equivalent to the Victorian Independent Broad-based Anti-corruption Commission (IBAC). </p>
<p>However, other bodies, such as the NSW ICAC, have a broader ability to hold public hearings where it is in the public interest to do so. </p>
<p>Public hearings ensure proceedings are not cloaked in secrecy and will increase public trust. Having a higher bar to hold public hearings reduces transparency. </p>
<p>However, there are legitimate issues about damage to individual reputations where a person subject to a public hearing has their reputation tarnished in the media, but is ultimately found not guilty by the courts. </p>
<p>The Centre for Public Integrity has produced <a href="https://publicintegrity.org.au/media-release-public-hearings-crucial-to-investigating-corruption/">statistics</a> showing that, in the seven year period up to 2020, NSW ICAC held 42 public hearings and produced 39 public reports, compared to Victorian IBAC’s 8 hearings and 14 reports. </p>
<p>The centre argued the NSW body’s public interest test does not lead to overuse of public hearings, as in that seven year period, NSW ICAC held 979 private examinations, compared to 42 public inquiries. So, the NSW threshold is arguably preferable. </p>
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Read more:
<a href="https://theconversation.com/view-from-the-hill-without-those-lefties-the-liberals-cant-regain-government-191846">View from The Hill: Without those 'lefties' the Liberals can't regain government</a>
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<h2>Will we have a national anti-corruption commission by Christmas?</h2>
<p>After many years of campaigning by interest groups and academics, Australia is finally close to having a national anti-corruption commission. </p>
<p>On balance, the government’s proposed NACC does provide a strong, yet proportionate, vision for an anti-corruption commission with robust powers and both internal and external accountability mechanisms. </p>
<p>The Coalition has signalled its in-principle <a href="https://www.theguardian.com/australia-news/2022/sep/23/peter-dutton-confirms-coalition-in-talks-to-pass-labors-anti-corruption-commission-bill">support</a> for the NACC, but noted reservations about the NACC having extensive powers.</p>
<p>The Greens and teal candidates may <a href="https://www.theguardian.com/australia-news/2022/sep/23/peter-dutton-confirms-coalition-in-talks-to-pass-labors-anti-corruption-commission-bill">seek amendments</a> to the bill to reduce the threshold for public hearings and empower the NACC to investigate third parties outside the public sector, even if they do not have contracts with the government.</p>
<p>Subject to any negotiations, it is now time for parliament to pass the bill. </p>
<p>The electorate has spoken and a federal anti-corruption commission is long overdue. Australians deserve a robust system of accountability that will keep our politicians honest.</p><img src="https://counter.theconversation.com/content/191759/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Yee-Fui Ng received funding from the New South Wales Independent Commission Against Corruption to write a commissioned discussion paper for Operation Eclipse. </span></em></p>The Albanese government has devised a strong model for the new National Anti-Corruption Commission with robust powers and suitable accountability mechanisms.Yee-Fui Ng, Associate Professor, Faculty of Law, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1889862022-08-18T07:40:46Z2022-08-18T07:40:46ZPolitics with Michelle Grattan: Crossbencher Helen Haines on Morrison and integrity<p>The revelation that Scott Morrison secretly had himself appointed to five separate portfolios has triggered widespread outrage, just when the broader question of integrity has been a big political issue.</p>
<p>In this podcast, Michelle Grattan speaks with Independent member for Indi Helen Haines, who has pushed for a national integrity commission. Such a body will soon be legislated by the Albanese government. </p>
<p>Haines strongly condemns Morrison’s behaviour, although she doesn’t see it as the sort of matter that would go to an integrity commission. “It doesn’t appear apparent to me that there are questions here of corruption. But we don’t know really what motivated the prime minister to keep all of this a secret.”</p>
<p>Haines says an Anti-Corruption Commission needs to have the capacity to investigate what has been dubbed “grey” corruption, such as jobs for the boys and pork barrelling.</p>
<p>She argues that “public money being spent for political gain through so-called rorting or pork barrelling is potentially corruption.”</p>
<p>“These bodies are seeking to stamp out corruption and they are seeking to shine a light in dark places. Now, in shining that light, they may well determine that there’s nothing to be seen. </p>
<p>"But on the other hand, they may well find that there are practices which have been accepted as kind of matey and okay that in fact lead to poor governance, that lead to poor public policy, that lead to an erosion of trust in our leaders.”</p>
<p>“There needs to be a pathway that communities can see is fair and just. [So] that if you need a hospital in your electorate (as indeed I do), if you need new roads or a bridge or whatever it might be, that there’s a clear pathway to applying for those funds, putting forward a case, and a legitimate system that shows where you are in the queue to achieving the infrastructure that you need in your community.”</p>
<p>In her maxim for integrity in politics, Haines says politicians need to “be what you want to see.”</p><img src="https://counter.theconversation.com/content/188986/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Michelle Grattan speaks with Independent MP Helen Haines about a national integrity commission and Scott Morrison's secret appointment to five different ministriesMichelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1864702022-07-07T03:28:15Z2022-07-07T03:28:15ZA new report from Queensland offers guidance on integrity to all Australian governments<p>Peter Coaldrake’s report to Queensland Premier Annastacia Palaszczuk, <a href="https://www.coaldrakereview.qld.gov.au/assets/custom/docs/coaldrake-review-final-report-28-june-2022.pdf">Let the Sunshine In</a>, is a clear and frank assessment of culture and accountability in the Queensland public sector today. With one exception, it also offers refreshing guidance to jurisdictions across Australia showing signs of complacency about integrity.</p>
<p>First to the important exception: Coaldrake’s proposal that all cabinet submissions and their attachments, all agendas and all decision papers be published online within 30 days of cabinet decisions.</p>
<p>While the report acknowledges some of the risks associated with such a change – including the possible compromising of frank and fearless advice – it claims that New Zealand’s experience with early disclosure has worked well. As it points out, the NZ system explicitly omits:</p>
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<p>exploratory advice, “blue skies” thinking or advice generated in the early and formative stages of a policy development process and intended to ensure the free and uninhibited exchange of ideas that is necessary for the development of robust policy advice […]</p>
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<p>Coaldrake believes NZ takes a “measured approach” to redacting small sections of documents where free and frank advice is offered. He also firmly endorses NZ’s principle that </p>
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<p>the possibility of a cabinet paper being proactively released must not undermine the quality of advice included in the paper, and therefore the quality of the decision ultimately reached by ministers.</p>
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<p>But it is important to recognise the context in which those rules operate:</p>
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<li>NZ’s voting system means that it doesn’t emulate Australia’s strongly adversarial political culture; indeed, governments tend to be coalitions and cross-party negotiation is common</li>
<li>NZ’s public service commissioner is the employer of departmental secretaries (and other agency heads), limiting their exposure to penalties if advice embarrassing to the government is released</li>
<li>NZ has far fewer ministerial advisers devoted to minimising political risks, including risks from public servants’ written advice.</li>
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<p>Even if governments move towards NZ practice on the latter two points, I wouldn’t support such early release of cabinet papers.</p>
<p>The cabinet system nurtures the important principle of collective responsibility. It requires cabinet ministers to consider fully and frankly all perspectives and expert evidence, enabling each of them to stand by the collective decision regardless of differences robustly debated.</p>
<p>It is likely that Australian governments would adjust their cabinet processes or papers if they knew these documents would soon be available to opposition members and journalists eager to find divisions within cabinet or failures to accept expert advice. </p>
<p>It would be better, in my view, to start at the other end: to go back to a culture in which departments undertake and publish more research and analysis, produce substantial annual reports and perform evaluations for public release. Governments would issue green papers and white papers; the definition of an “exempt cabinet document” would be tighter; attachments to cabinet submissions and memoranda would be released if they didn’t include direct advice or ministerial recommendations.</p>
<h2>The tone at the top</h2>
<p>A number of Coaldrake’s other recommendations echo the key proposals of David Thodey’s 2019 <a href="https://www.apsreview.gov.au/">Independent Review of the Australian Public Service</a> rejected by the Morrison government:</p>
<p><strong>On ministerial staff:</strong> “Development and continual reinforcement of a common framework to determine appropriate relationships among ministers, their staff and senior public servants.” Here, Coaldrake recognises that the tone set at the top – the attitudes of political and public service leaders that foster the culture of the system – is essential. For the Commonwealth, I would go further. A <a href="https://www.canberratimes.com.au/story/7801306/ministerial-staff-like-public-servants-should-be-accountable/?cs=14264">major overhaul</a> of the Members of Parliament (Staff) Act is long overdue, as is a cut in the oversupply of ministerial staff.</p>
<p><strong>On capability and the Public Service Commission’s role:</strong> “Rejuvenation of the capability and capacity of the public sector” to emphasise performance and integrity, with the Public Service Commission playing a key role. For the Commonwealth, I would go further towards the NZ model, with the Australian Public Service (APS) Commissioner as professional head of the APS.</p>
<p><strong>On consultants and contractors:</strong> “Departments [to] more robustly account for the benefits from engaging consultants and contractors with regular monitoring by the Auditor-General.” Hear, hear.</p>
<p><strong>On top appointments and tenure:</strong> “Stability of government and performance of public service [to] be strengthened by appointment of agency CEOs on fixed term, five year contracts, unaligned to the electoral cycle.” For the Commonwealth, I would further strengthen the merit basis of appointments and constrain terminations.</p>
<h2>Institutions matter</h2>
<p>Coaldrake’s recommendations about integrity bodies provide excellent guidance to the new federal government. As it develops legislation for a federal anti-corruption authority, Coaldrake’s proposed “single clearing house for complaints, with capacity for the complainants and agencies to track progress and outcomes” would be of enormous use.</p>
<p>This clearing house would help to ensure the new authority works with existing bodies such as the ombudsman and the Australian Public Service Commission (APSC) – and, indeed, with the departments and agencies complained about. It would also ensure it focuses on serious corruption and major crime.</p>
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<p>Coaldrake also recommends that integrity bodies’ independence be enhanced by involving parliamentary committees in setting budgets and contributing to key appointments. To some extent this already applies to the Australian National Audit Office. But it should apply more firmly not only to that body but also to the ombudsman, the information commissioner, the human rights commissioners, the electoral commission and, indeed, the APSC.</p>
<p>In essence, Coaldrake’s report is a reminder of the importance of institutions and the need to review their roles and performance regularly. Critical to their effectiveness is the tone at the top, a point also emphasised in NZ’s integrity system. That tone has been wanting not only in Queensland but also in the Commonwealth and a number of other states.</p><img src="https://counter.theconversation.com/content/186470/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Andrew Podger does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>With one exception, it offers refreshing guidance to jurisdictions across Australia showing signs of complacency about integrity.Andrew Podger, Honorary Professor of Public Policy, Australian National UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1829452022-05-22T00:19:05Z2022-05-22T00:19:05ZWhat has Labor promised on an integrity commission and can it deliver a federal ICAC by Christmas?<p>The election results are in and Labor has won enough seats to form government, either as a majority or with the support of independents. What will this mean for political integrity?</p>
<p>The main election <a href="https://anthonyalbanese.com.au/media-centre/labors-plan-for-better-future-speech">promise</a> Labor has made on integrity is to establish what it says will be a “powerful, transparent and independent National Anti-Corruption Commission” (sometimes shortened to NACC).</p>
<p>So, what is Labor’s model for an anti-corruption commission?</p>
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Read more:
<a href="https://theconversation.com/how-do-the-major-parties-rate-on-an-independent-anti-corruption-commission-we-asked-5-experts-181077">How do the major parties rate on an independent anti-corruption commission? We asked 5 experts</a>
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<h2>Power for public hearings</h2>
<p>Labor has <a href="https://www.alp.org.au/policies/national-anti-corruption-commission">proposed</a> a robust commission with strong powers, coupled with checks and balances to ensure it does not abuse its powers.</p>
<p>The National Anti-Corruption Commission will have broad jurisdiction to investigate serious and systemic corruption by Commonwealth ministers, public servants, ministerial advisers, statutory office holders, government agencies and MPs.</p>
<p>Crucially, it would have the power to conduct public hearings if it believes it’s in the public interest. </p>
<p>Labor’s model balances the seriousness of allegations with any unfair prejudice to a person’s reputation or unfair exposure of a person’s private life.</p>
<p>This is a proportionate model that enhances public trust through public hearings, but also takes into account legitimate concerns about damage to an individual’s reputation.</p>
<p>By contrast, the Coalition’s proposed model did not include the power for public hearings. </p>
<p>The National Anti-Corruption Commission will have the power to make findings of fact, including findings of corrupt conduct. It could refer matters involving criminality to law enforcement authorities.</p>
<p>Unlike the Coalition’s policy, the National Anti-Corruption Commission will also have <a href="https://www.smh.com.au/politics/federal/labor-integrity-commission-to-investigate-allegations-from-a-long-time-ago-20220512-p5akvr.html">retrospective powers</a> to investigate alleged misconduct from 15 years ago. </p>
<p>Labor’s National Anti-Corruption Commission can act in response to referrals, including from whistleblowers and public complaints, consistent with other integrity bodies. </p>
<p>By contrast, the Coalition’s model did not allow referrals from the public. </p>
<p>Importantly, the strong powers of the National Anti-Corruption Commission will be counterbalanced by external accountability mechanisms to “watch the watchdog” via parliament and the courts.</p>
<p>There would be oversight by a parliamentary joint committee. Its decisions would also be subject to judicial review, to ensure the body’s compliance with the law, due process and other standards.</p>
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<h2>Can Labor deliver by Christmas?</h2>
<p>Labor has promised to pass legislation establishing the National Anti-Corruption Commission by the end of the year. Is this feasible?</p>
<p>There are still some aspects of Labor’s model that remain unclear, such as the budget that will be allocated to establish and run the body.</p>
<p>For the commission to be effective, it requires sufficient funding and staff to carry out its investigations. </p>
<p>Also, the full design of the National Anti-Corruption Commission has not been announced, such as how many commissioners or deputy commissioners it would have.</p>
<p>It is also unclear whether it would have a corruption prevention division, which is a pro-integrity function that monitors major corruption risks across all sectors. </p>
<p>These details would need to be worked through expediently to get a bill up by Christmas. </p>
<p>Labor has <a href="https://www.smh.com.au/politics/federal/labor-integrity-commission-to-investigate-allegations-from-a-long-time-ago-20220512-p5akvr.html">said</a> it will draw on a draft bill <a href="https://theconversation.com/as-the-government-drags-its-heels-a-better-model-for-a-federal-integrity-commission-has-emerged-148796">proposed</a> by independent MP Helen Haine in 2020. This may potentially expedite the drafting process.</p>
<p>The composition of the Senate will also be crucial to determine whether Labor can pass this bill, especially if the Coalition seeks to block it. </p>
<p>The electorate has spoken. The time is overdue to introduce a federal anti-corruption commission. </p>
<p>It is time for the new government to act – without delay. Australians deserve a robust system of accountability that will keep our politicians honest. </p>
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Read more:
<a href="https://theconversation.com/the-car-park-rorts-story-is-scandalous-but-it-will-keep-happening-unless-we-close-grant-loopholes-164779">The 'car park rorts' story is scandalous. But it will keep happening unless we close grant loopholes</a>
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<img src="https://counter.theconversation.com/content/182945/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Yee-Fui Ng does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Labor has proposed a robust commission with strong powers, coupled with checks and balances to ensure it does not abuse its powers.Yee-Fui Ng, Associate Professor, Faculty of Law, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1810772022-04-27T20:00:41Z2022-04-27T20:00:41ZHow do the major parties rate on an independent anti-corruption commission? We asked 5 experts<p>Corruption in politics is a big issue for Australian voters this federal election.</p>
<p>Over 10% of respondents to The Conversation’s #SetTheAgenda <a href="https://theconversation.com/settheagenda-what-the-conversations-readers-want-politicians-to-address-this-federal-election-181336">poll</a> said they wanted candidates to be talking about integrity, corruption and a federal independent commission against corruption (or ICAC) this election campaign.</p>
<p>One voter asked us: “Will they implement a national anti-corruption commission (with teeth!) that can investigate retrospectively?”</p>
<p>Research from Griffith University and Transparency International Australia found <a href="https://www.griffith.edu.au/__data/assets/pdf_file/0023/518252/20Aug-Global-Corruption-Barometer-Release-Griffith-University-TI-Australia-EMBARGOED.pdf">67% of Australians</a> surveyed supported the idea of a federal anti-corruption commission.</p>
<p>So we asked five experts to analyse and grade the major parties’ policies on the issue of a federal ICAC.</p>
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<h2><strong>Here are their detailed responses:</strong></h2>
<p><strong>Coalition</strong></p>
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<p><strong>Labor</strong></p>
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<p class="fine-print"><em><span>Kate Griffiths works for Grattan Institute, which began with contributions to its endowment of $15 million from each of the Federal and Victorian Governments, $4 million from BHP Billiton, and $1 million from NAB. In order to safeguard its independence, Grattan Institute’s board controls this endowment. The funds are invested and contribute to funding Grattan Institute's activities. Grattan Institute also receives funding from corporates, foundations, and individuals to support its general activities as disclosed on its website.</span></em></p><p class="fine-print"><em><span>Adam Graycar has received funding from the Australian Research Council, and the Victorian Broad Based Anti-Corruption Commission, and the United Nations Office on Drugs and Crime.</span></em></p><p class="fine-print"><em><span>A J Brown is a boardmember of Transparency International Australia, and Transparency International globally. He has received research funding from the Australian Research Council and partner organisations including anti-corruption agencies, Ombudsman's offices, other regulatory and integrity agencies and other government agencies relating to public integrity, accountability, public interest whistleblowing and anti-corruption reform.</span></em></p><p class="fine-print"><em><span>Gabrielle Appleby has previously received funding from the Local Government Association (SA) to undertake research into perceptions of corruption in local government. She is a board member of the Centre for Public Integrity.</span></em></p><p class="fine-print"><em><span>Yee-Fui Ng does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Our experts rated the Coalition’s model as either very unsatisfactory or a fail. Most agreed Labor’s proposed model is much better, but said a lot more detail is needed.Kate Griffiths, Deputy Program Director, Grattan InstituteAdam Graycar, Professor of Public Policy, University of AdelaideA J Brown, Professor of Public Policy & Law, Centre for Governance & Public Policy, Griffith UniversityGabrielle Appleby, Professor, UNSW Law School, UNSW SydneyYee-Fui Ng, Associate Professor, Faculty of Law, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1722382021-12-12T19:10:44Z2021-12-12T19:10:44ZFarewell to 2021 in federal politics, the year of living in disappointment<figure><img src="https://images.theconversation.com/files/437037/original/file-20211212-142574-qccngn.png?ixlib=rb-1.1.0&rect=137%2C0%2C3706%2C2000&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Wes Mountain/The Conversation</span>, <a class="license" href="http://creativecommons.org/licenses/by-nd/4.0/">CC BY-ND</a></span></figcaption></figure><p>Some will recall it as 2021. For more, it will be Year 2 of COVID. Either way, it will have been a time of disappointment for many. And the nation’s politicians need to bear a large share of the responsibility for that feeling.</p>
<p>It’s easy to imagine a different scenario. As 2020 ended, there were disappointments, too, with parts of Sydney in lockdown. But most imagined that, with vaccines on the way, our future would be brighter.</p>
<p>While there had been a tragic second wave of infections in Victoria that reflected poorly on its Labor government, the country’s decision-makers had taken advantage of Australia being an island nation, imposed external and internal border controls, and established an effective tracing system. </p>
<p>There had been some failures, and several hundred fatalities, and many Australians abroad were treated harshly. But governments succeeded in their primary duty of preserving our safety, and they seemed to have done well in propping up the economy in tough circumstances.</p>
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<img alt="" src="https://images.theconversation.com/files/436060/original/file-20211207-19-1h4xd5f.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/436060/original/file-20211207-19-1h4xd5f.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/436060/original/file-20211207-19-1h4xd5f.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/436060/original/file-20211207-19-1h4xd5f.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/436060/original/file-20211207-19-1h4xd5f.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/436060/original/file-20211207-19-1h4xd5f.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/436060/original/file-20211207-19-1h4xd5f.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">By the end of 2020, mistakes had been made – particularly in Victoria – but by and large governments had protected Australians from the worst of the pandemic.</span>
<span class="attribution"><span class="source">James Ross/AAP</span></span>
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<p>What an opportunity this scenario offered! </p>
<p>An efficient vaccination program delivered rapidly in the first half of 2021, targeting vulnerable groups first, then extending quickly to the rest, would have provided substantial protection from COVID’s Delta strain when it arrived. The construction of quarantine facilities could have allowed the safe return of Australians stranded overseas.</p>
<p>Instead, the federal government mismanaged vaccine procurement, muddled its messaging, did nothing much about quarantine and stuffed up the “rollout” – both of Australia’s national dictionaries <a href="https://www.abc.net.au/news/2021-11-17/australian-word-of-the-year-is-strollout-referencing-vaccines/100626698">embraced “strollout”</a> as their Word of the Year. </p>
<p>Millions unnecessarily spent much of 2021 locked down. Some paid with their lives, and others with their health, jobs and businesses. The economy has suffered another multi-billion-dollar shock.</p>
<p>It would be easy to blame the Morrison government. After all, its indolence and squalor became increasingly plain during 2021.</p>
<p>But there is something more alarming at the heart of these failures: a basic frailty in national government. So energetic when chasing down “welfare cheats” and in persecuting whistleblowers, Australia’s federal government is just no longer very good at the hands-on delivery of anything of serious complexity.</p>
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Read more:
<a href="https://theconversation.com/as-australias-vaccination-bungle-becomes-clear-morrisons-political-pain-is-only-just-beginning-158704">As Australia's vaccination bungle becomes clear, Morrison's political pain is only just beginning</a>
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<p>The JobKeeper scheme acclaimed as a national saviour in 2020 was revealed this year as an <a href="https://www.smh.com.au/politics/federal/australians-want-jobkeeper-overpayments-given-back-to-taxpayers-20210827-p58mff.html">efficient scheme</a> whereby the already filthy rich could become even filthier and richer.</p>
<p>Unleashed in haste, it lacked basic mechanisms for checking whether those claiming its benefits had actually suffered their anticipated losses. The result has been an unprecedented looting of the country’s treasury, all within the law.</p>
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<span class="caption">Hailed in 2020 as a national saviour, JobKeeper was soon revealed to be a way for the already rich to become even richer.</span>
<span class="attribution"><span class="source">Mick Tsikas/AAP</span></span>
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<p>JobKeeper contributed to a larger narrative that has gathered a hold: that the Morrison government lacks honesty and integrity. Its resistance to creating a proper anti-corruption commission is widely seen as prima facie evidence of its own fear of what one would find. </p>
<p>Scott Morrison instead raises <a href="https://www.theguardian.com/australia-news/2021/dec/07/legal-experts-condemn-scott-morrisons-continuing-attacks-on-icac-as-disgraceful-and-stupid">the furphy of ICAC’s treatment</a> of the former New South Wales premier, Gladys Berejiklian, as an objection to a federal body on anything like that model.</p>
<p>Australian conservatives and some on the Labor side, too, have long resolutely opposed the concept of a bill of rights, yet now we find just one right being elevated above others – religious freedom – which in the hands of the government amounts to an enhanced right to discriminate against sexual minorities.</p>
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Read more:
<a href="https://theconversation.com/new-religious-discrimination-bill-will-cause-damage-to-australian-society-that-will-be-difficult-to-heal-172303">New religious discrimination bill will cause damage to Australian society that will be difficult to heal</a>
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<p>Predictably, its effort has done little more than draw adverse attention to the expansive right that already exists to do just that in the Sex Discrimination Act, the result of lobbying of the Hawke Labor government by the churches.</p>
<p>The Morrison government is certainly interested in accountability, but not in the accountability of politicians to voters. Its preferred version is the accountability of the people to their political masters. So, far from protecting whistleblowers against government illegality and wrongdoing, it prosecutes them with vigour. It sought to impose US Republican-inspired <a href="https://theconversation.com/voter-id-is-a-bad-idea-heres-why-170777">voter ID laws</a> to deal with a problem that only it seems to believe exists. </p>
<p>And it wants to <a href="https://theconversation.com/the-governments-planned-anti-troll-laws-wont-help-most-victims-of-online-trolling-172743">make it easier</a> for politicians to sue members of the public who say objectionable things about them on social media.</p>
<p>The same politicians who tell you that they believe resolutely in protecting women’s right to be free of sexual harassment maintain a workplace in Canberra, with its adjuncts in their electorate offices, that would disgrace the most rancid feudal regime.</p>
<p>Women have been harassed and even assaulted with impunity. Ministers have slept with staffers. Staffers have filmed themselves masturbating on desks. There is no recourse for the victims of this regime unless, like former Liberal staffers Brittany Higgins and Rachelle Miller, they go to the media.</p>
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<img alt="" src="https://images.theconversation.com/files/436069/original/file-20211207-140267-y338zb.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/436069/original/file-20211207-140267-y338zb.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/436069/original/file-20211207-140267-y338zb.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/436069/original/file-20211207-140267-y338zb.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/436069/original/file-20211207-140267-y338zb.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/436069/original/file-20211207-140267-y338zb.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/436069/original/file-20211207-140267-y338zb.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Women have been treated disgracefully within Parliament House. This year some brave women, such as Brittany Higgins, called it out.</span>
<span class="attribution"><span class="source">Lukas Coch/AAP</span></span>
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<p>The reckoning in these matters has arrived, but the prime minister repeatedly displayed his inability to understand what is at stake. On one occasion, he began a media conference expressing his sympathies with the plight of women but ended up issuing a thinly veiled threat to the female journalist most prominent in reporting of the issue.</p>
<p>Which brings us to Morrison himself. </p>
<p>The idea that he routinely lies now clings to him like a politician to a freebie. The <a href="https://theconversation.com/view-from-the-hill-scott-morrison-caught-in-catch-22-over-the-issue-of-his-integrity-171750">extraordinary attack</a> on him by French President Emmanuel Macron, over the mismanagement of the submarine contract and the AUKUS agreement, confirmed a sense of Morrison as a small-time Sydney politician morally and intellectually out of his depth, and lacking in the necessary gravitas or judgment to deal with complex international affairs and major world leaders.</p>
<p>It seemed odd, at the beginning of 2021, that we still didn’t have a single book about him. Was he too uninteresting to bother? </p>
<p>Now we have several, but the turn in Morrison’s fortunes was so rapid that it defeated the efforts of authors to keep up. When Wayne Errington and Peter Van Onselen’s How Good is Scott Morrison? went off to the printers, the authors were convinced he was a shoo-in for the next election. By the time it appeared in the bookshops, the edited extract that appeared in The Australian suggested they were <a href="https://insidestory.org.au/once-a-winner/">rather less sure</a>.</p>
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Read more:
<a href="https://theconversation.com/is-morrison-gaining-a-reputation-for-untrustworthiness-the-answer-could-have-serious-implications-for-the-election-171816">Is Morrison gaining a reputation for untrustworthiness? The answer could have serious implications for the election</a>
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<p>The year saw a remarkable leaching of Morrison’s standing and authority, not least in relation to state and territory leaders. </p>
<p>But they too had their problems: Berejiklian lost her job when ICAC announced it had launched an investigation into her conduct. Daniel Andrews in Victoria suffered a serious back injury at the beginning of the year and faced large “freedom” protesters waving the Eureka Flag at the end of it. Mark McGowan seems a little less shiny than a year ago, as Western Australia’s severe border restrictions extend into 2022.</p>
<p>And we have a federal election to come. </p>
<p>Labor leader Anthony Albanese, having kept his powder dry for years, is beginning to drip-release policies, seeking just enough distance over issues such as climate policy for product differentiation without frightening the horses. He seems to wish to slip quietly into office rather as numerous Labor state and territory opposition leaders have done over the past 25 years. </p>
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<img alt="" src="https://images.theconversation.com/files/436070/original/file-20211207-141178-hxpgi7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/436070/original/file-20211207-141178-hxpgi7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/436070/original/file-20211207-141178-hxpgi7.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/436070/original/file-20211207-141178-hxpgi7.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/436070/original/file-20211207-141178-hxpgi7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/436070/original/file-20211207-141178-hxpgi7.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/436070/original/file-20211207-141178-hxpgi7.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Labor’s Anthony Albanese: hoping to slip quietly into office?</span>
<span class="attribution"><span class="source">Dean Lewins/AAP</span></span>
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<p>Morrison is now transformed from goofy Scomo into biblical Moses, leading his people out of the COVID desert into the Promised Land of “Freedom”. </p>
<p>But he still must try keeping the increasingly wild right flank of his Coalition government solid while attending to the threat that independent and Labor candidates pose to metropolitan Liberal seats.</p>
<p>His government ended the year by losing two ministers to scandals, with another announcing his retirement at the next election. Morrison’s grip on the Coalition party room was now so loose that it called into question his grip on the House of Representatives itself. </p>
<p>The election result seems less certain than in the months before the 2019 election when it was all rather obvious that Labor and Bill Shorten were heading for a famous victory. </p>
<p>Readers will understand if I refrain from offering a prediction.</p><img src="https://counter.theconversation.com/content/172238/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Frank Bongiorno does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Whether it’s been the vaccine rollout, a federal ICAC, political scandals or the treatment of women, the Morrison government has had a shocking year. But will it pay for it in 2022?Frank Bongiorno, Professor of History, ANU College of Arts and Social Sciences, Australian National UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1732622021-12-06T09:47:24Z2021-12-06T09:47:24ZView from The Hill: Running Berejiklian ahead of ICAC report would send the worst of signals on integrity<p>Labor’s Chris Bowen made a very pertinent contribution on Monday to the debate over whether the Liberals should run Gladys Berejiklian, the subject of an ICAC investigation, in the Sydney seat of Warringah.</p>
<p>What would the Liberals and the media be saying if it were a Labor figure in a similar position? Bowen asked.</p>
<p>Of course we know the answer. They’d be outraged and they’d be justified.</p>
<p>The push within the Liberal party, backed by Scott Morrison, for Berejiklian to stand is a case of the “whatever it takes” brand of politics.</p>
<p>The Liberals are desperate to get this seat back from independent Zali Steggall. And they are spurred by the continued high popularity of Berejiklian. The polling and focus groups tell them people think she was a good premier, and has been hard done by.</p>
<p>She’s probably the only Liberal who would be competitive with Steggall, who’s dug in solidly since she ousted Tony Abbott in 2019.</p>
<p>The close of nominations for Liberal preselection for Warringah has been delayed from last Friday until January 14 to give the former premier time to make a decision.</p>
<p>The ICAC won’t bring down its finding before then, so if Berejiklian ran there’d be a cloud hanging over her.</p>
<p>Behind the scenes, some indication will come before Christmas about how things are likely to go, when counsel assisting the ICAC present their submissions to the parties and the commissioner.</p>
<p>But while this could be important in Berejiklian making up her mind, the material won’t be public. If she ran, the speculation about it would be rife, which would surely be unhelpful.</p>
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Read more:
<a href="https://theconversation.com/berejiklian-says-maguire-was-part-of-her-love-circle-but-was-not-significant-enough-to-declare-will-this-wash-with-icac-170860">Berejiklian says Maguire was part of her 'love circle' but was not significant enough to declare – will this wash with ICAC?</a>
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<p>Morrison has this week returned to attacking the ICAC over Berejiklian’s treatment. In the recent parliamentary sitting he denounced this as “an absolute disgrace”. “The Australian people know that the former premier of New South Wales was done over by a bad process and an abuse of process,” he said.</p>
<p>On Monday he said her treatment had been “shameful”. There was no suggestion she’d done anything criminal, he said, and he found the playing of intimate conversations she had (with then secret boyfriend, Daryl Maguire) “just awful”.</p>
<p>Morrison’s opposition to giving a national integrity commission the right to hold public hearings was adamant during recent government discussions, which ended with no legislation being introduced into federal parliament.</p>
<p>Morrison said Berejiklian was “put in a position of actually having to stand down and there was no finding of anything. Now I don’t call that justice.”</p>
<p>Without saying it explicitly he creates the impression the ICAC forced her to quit her job. In fact, she chose to resign, judging that just standing aside while the inquiry was on was politically untenable.</p>
<p>Steggall on Monday pushed back strongly against Morrison, saying the words he’d used in parliament were “outrageous”. “We should be seeing leadership to raise trust, call for more accountability, not undermine accountability.”</p>
<p>The ICAC is investigating whether Berejiklian breached public trust in relation to two grants awarded to the electorate of Wagga Wagga, then held by Maguire. It is also inquiring into whether her conduct “was liable to allow or encourage” corrupt conduct by Maguire. </p>
<p>Berejiklian, when she was treasurer and then premier, did not disclose to her colleagues her close personal relationship with Maguire, and has defended her failure to do so, arguing “I didn’t feel it was of sufficient standing”.</p>
<p>The PM and some other Liberals dismiss her lapse basically on the grounds that here was a woman who’d just had a bad boyfriend.</p>
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Read more:
<a href="https://theconversation.com/women-play-a-critical-role-in-diplomacy-and-security-so-why-arent-more-in-positions-of-power-170875">Women play a critical role in diplomacy and security, so why aren't more in positions of power?</a>
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<p>In Morrison’s view integrity bodies should not be looking at “who your boyfriend is”, as he put in in parliament.</p>
<p>Leaving aside the rather patronising attitude this implies – the gullible woman as an explanation – it doesn’t wash in terms of political ethics. If you are premier, your relationships are relevant. With this relationship, private life impinged on public life.</p>
<p>Does Morrison really think it was okay for Berejiklian not to disclose her closeness to Maguire, who was well known as an urger of the first degree? </p>
<p>That certainly wasn’t the view of former NSW premier Mike Baird, a good friend of Berejiklian, who said in evidence at the ICAC “certainly I think [the relationship] should have been disclosed”. Baird is another high profile figure the Liberals have pursued to stand in Warringah, but without success.</p>
<p>If the Liberals fielded Berejiklian ahead of the ICAC report, they would be adding insult to injury in their performance on integrity issues.</p><img src="https://counter.theconversation.com/content/173262/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>There is a push within the Liberal party, backed by Scott Morrison, for former NSW Premier Gladys Berejiklian to run for the seat of Warringah. As the Liberals are desperate to get this seat back from independent Zali Steggall.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1704522021-11-17T18:58:41Z2021-11-17T18:58:41ZWith a federal election looming, is there new hope for leadership on integrity and transparency?<p>As we head into a federal election campaign next year, the focus on whether government – and which party – can be trusted to govern openly and honestly for the public good is looming larger than at any time in living memory.</p>
<p>Plans to overhaul <a href="https://www.theguardian.com/australia-news/2021/nov/11/government-reveals-plan-to-reform-australias-whistleblowing-laws">Commonwealth whistleblower protection laws</a> were revealed last week by <a href="https://am.ag.gov.au/media/speeches/national-whistleblowing-symposium-11-november-2021">Assistant Attorney-General Amanda Stoker</a>.</p>
<p>The Coalition government’s legislation for a federal integrity commission (or ICAC) is also imminent, following feedback on the <a href="https://transparency.org.au/submission-commonwealth-integrity-commission/">extensive problems</a> with its <a href="https://theconversation.com/explainer-what-is-the-proposed-commonwealth-integrity-commission-and-how-would-it-work-140734">draft bill</a> last year.</p>
<p>And a plethora of other accountability issues are awaiting action.</p>
<p>All these provide a reminder, heading into the election, that trust in government hinges not only on “performance” in a direct, hip-pocket sense. It also depends on who can be trusted to protect public decision-making from becoming a self-serving gravy train for leaders and their friends.</p>
<p>Healthy political competition on integrity issues is long overdue. Historically, both major parties have been slow to initiate the reforms needed to reverse Australia’s slide on Transparency International’s <a href="https://transparency.org.au/global-ranking/">Corruption Perceptions Index</a> or <a href="https://www.journalistsfreedom.com/aus-falls-on-press-freedom-index/">global press freedom rankings</a>.</p>
<h2>Whistleblower protections at a turning point?</h2>
<p>The Morrison government’s proposed reforms to the <a href="https://www.legislation.gov.au/Details/C2013A00133">Australia’s Public Interest Disclosure Act</a> – the law that protects federal public service whistleblowers – show that when we do catch up, we can leapfrog to being a world leader.</p>
<p>Building on major <a href="https://www.transparency.org/en/blog/whistleblowing-reforms-in-australia-show-the-way">corporate whistleblower reforms</a> in 2019, the new proposal includes world-first rights to compensation where a person with a duty to protect a whistleblower fails to do so.</p>
<p>A new whistleblower protection bill in NSW, <a href="https://www.themandarin.com.au/172480-watchdog-gives-new-whistleblower-protection-tick-of-approval/">just introduced by the Perrottet government</a>, is a step in the same, right direction. </p>
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Read more:
<a href="https://theconversation.com/from-richard-boyle-and-witness-k-to-media-raids-its-time-whistleblowers-had-better-protection-121555">From Richard Boyle and Witness K to media raids: it’s time whistleblowers had better protection</a>
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<p>The public has long been in favour of effective whistleblower protection. In 2012, <a href="https://www.abc.net.au/radionational/programs/breakfast/whistleblowing-survey/4054934">our research first showed</a> that over 80% of Australians believed insiders who reveal wrongdoing should be protected, even if they break official secrecy rules.</p>
<p>But the slow pace of reform stands out as a big integrity problem.</p>
<p>While Labor did finally introduce the federal whistleblower protection law in 2013, <a href="https://www.smh.com.au/public-service/everyone-backs-whistleblowing-laws-so-why-are-we-still-waiting-for-them-20120929-26ryr.html">it was a full six years after it was promised</a> – and almost didn’t happen at all. </p>
<p>That was two decades after a Senate select committee, led by a Liberal senator, recommended that Australia needed national whistleblower protection laws.</p>
<p>For many, the pace of reform is still too slow. Independent <a href="https://www.canberratimes.com.au/story/7506180/flawed-aps-whistleblowing-laws-to-get-long-overdue-overhaul/?cs=14329">Senator Rex Patrick</a> last week described it as a “big failure” that the government has “basically run out of time” to get the new changes into law before the election.</p>
<p>Indeed, the urgency is clear. Inadequacies in the law continue to allow <a href="https://theconversation.com/from-richard-boyle-and-witness-k-to-media-raids-its-time-whistleblowers-had-better-protection-121555">long, damaging prosecutions</a> against whistleblowers such as Witness K, David McBride and Richard Boyle. </p>
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<p>And our <a href="https://www.whistlingwhiletheywork.edu.au/?p=1122">new research</a> shows that across a wide range of organisations, less than half of clearly deserving whistleblowers who suffered serious consequences got any remedies at all.</p>
<p>There remain unknowns in the government’s plan, such as when we will see a federal Whistleblower Protection Authority. This was a bipartisan recommendation of a <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Corporations_and_Financial_Services/WhistleblowerProtections/Report">2017 joint parliamentary committee</a>, strongly supported by stakeholders such as the <a href="https://www.aph.gov.au/DocumentStore.ashx?id=6faaab64-a2f4-475a-acba-1422323289fa&subId=509377">Law Council of Australia</a>.</p>
<p>Labor has also committed to move ahead with reform. But its own plan for a Whistleblower Protection Authority at the 2019 election was weak and under-resourced. This reinforces that for all parties, better progress on integrity issues relies not just on pace, but also on substance.</p>
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Read more:
<a href="https://theconversation.com/as-a-nsw-premier-falls-and-sa-guts-its-anti-corruption-commission-what-are-the-lessons-for-integrity-bodies-in-australia-168932">As a NSW premier falls and SA guts its anti-corruption commission, what are the lessons for integrity bodies in Australia?</a>
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<h2>A federal integrity commission with teeth</h2>
<p>Whistleblower protection is also a key test for an even bigger reform – the government’s long-awaited federal integrity commission bill.</p>
<p>Last week, Minister Stoker gave the clearest indication yet that when the government’s bill is revealed, at least one of its major flaws – the inability of whistleblowers to take corruption concerns directly to the new ICAC - has been understood and presumably fixed.</p>
<p>It’s a promising sign, even if falling short of the fully-equipped Whistleblower Protection Authority built into all of the private members’ integrity commission bills introduced by crossbenchers Cathy McGowan, <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6597">Helen Haines</a>, Rex Patrick and the Greens since 2018.</p>
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<p>The next question will be if other, equally important, issues have been addressed.</p>
<p>One is whether a federal ICAC will really have “all the powers of a royal commission”, as <a href="https://www.abc.net.au/qanda/2021-07-10/13563302">twice promised</a> by Communications Minister Paul Fletcher, among other government figures. This means having the power to hold public hearings when justified, and for all federal public officials including parliamentarians – not just some.</p>
<p>Another issue is whether a federal ICAC will meet public expectations by being able to investigate and make recommendations on “grey area” corruption allegations, such as the recent “<a href="https://theconversation.com/the-sports-rorts-affair-shows-the-need-for-a-proper-federal-icac-with-teeth-122800">sports rorts</a>” and “<a href="https://theconversation.com/the-car-park-rorts-story-is-scandalous-but-it-will-keep-happening-unless-we-close-grant-loopholes-164779">car park rorts</a>” affairs.</p>
<p>Again, the path to reform has been dogged by issues of pace and substance.</p>
<p>The federal ICAC legislation will come three years after the Coalition initially promised it. But it also took Labor over a decade to make the same promise after Transparency International Australia first called for such an agency in 2005. And when it did make the move, Labor’s original budget (since upgraded) was less than half the amount now committed under the Coalition’s proposal.</p>
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Read more:
<a href="https://theconversation.com/accountability-is-under-threat-parliament-must-urgently-reset-the-balance-170530">Accountability is under threat. Parliament must urgently reset the balance</a>
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<h2>Less secretive government is needed now more than ever</h2>
<p>Global fears over governments becoming more secretive and less trustworthy should sound a warning to the Coalition and Labor alike – they need to pick up the pace.</p>
<p>The pandemic has brought new highs and lows in public trust. We can thank <a href="https://www.theaustralian.com.au/nation/politics/dose-of-mateship-lifts-the-covid19-vaccine-rate/news-story/ba268f77b05f9624abe96818ec890771">our underlying trust in institutions</a> for Australians getting vaccinated against COVID-19 at a world-leading rate. Yet, at the same time, fears about the trustworthiness of our leaders are growing.</p>
<p>Even in Australia, governments have used public health to rule increasingly through <a href="https://www.thesaturdaypaper.com.au/news/politics/2020/07/04/morrison-ruling-henry-viii-clauses/159378480010053#hrd">ministerial regulation and executive decree</a>, rather than the democratic process. </p>
<p>The federal government is even trying to <a href="https://theconversation.com/the-government-is-determined-to-keep-national-cabinets-work-a-secret-this-should-worry-us-all-167540">keep National Cabinet’s minutes secret</a>, despite our federation plainly belonging to all Australian governments and citizens.</p>
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<p>Beyond these issues, other accountability priorities have languished under successive federal governments, as our <a href="https://transparency.org.au/australias-national-integrity-system/">integrity assessments</a> again show.</p>
<p>One by one, Australia’s states are moving to reform political donation and lobbying laws, and even outlaw deceptive political campaigning. But federal politics remains a <a href="https://transparency.org.au/fair-honest-democracy/">wild west of under-regulation</a>.</p>
<p>Australia’s poor showing in controlling money laundering has been highlighted by the <a href="https://www.abc.net.au/news/2021-02-11/millions-believed-laundered-at-crown-perth-via-$2-shell-company/13142104">recent allegations</a> against <a href="https://theconversation.com/illegal-dishonest-unethical-and-exploitative-but-crown-resorts-keeps-its-melbourne-casino-licence-170625">Crown Casino</a>. But we are slow to act in many other areas, like our <a href="https://www.theguardian.com/australia-news/2021/nov/09/widespread-money-laundering-in-property-locking-out-australians-from-owning-homes-senate-told">entire real estate sector</a>.</p>
<p>Stronger <a href="https://www.ag.gov.au/crime/publications/government-response-senate-committee-report-combatting-corporate-crime-bill-2019">laws against foreign bribery</a> by Australian companies remain stuck in the federal parliament. Promises to end the <a href="https://www.transparency.org/files/content/publication/2015_BOCountryReport_Australia.pdf">secret shell companies</a> which facilitate corruption have been on “go slow” ever since Australia led the charge as G20 host in 2014.</p>
<p>In a time of uncertainty, the federal election provides the moment for both major parties to put teeth into their commitments to bolster public trust and finally pick up the pace of reform. Hopefully, promised whistleblower protections and a strong integrity commission will be the crucial first steps.</p><img src="https://counter.theconversation.com/content/170452/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>A J Brown is a boardmember of Transparency International Australia. He has received funding from the Australian Research Council, all of Australia's Ombudsman offices, most of Australia's anti-corruption agencies, various other Commonwealth and State regulatory agencies and private sector peak bodies, and the Victorian Parliament for his past research on whistleblower protection and integrity systems relevant to this article. </span></em></p>The Coalition has made promises on whistleblower protection and must soon reveal its plan for a federal integrity commission. Now is the time for both parties to prove they can take real action.A J Brown, Professor of Public Policy & Law, Centre for Governance & Public Policy, Griffith UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1708602021-10-29T07:19:23Z2021-10-29T07:19:23ZBerejiklian says Maguire was part of her ‘love circle’ but was not significant enough to declare – will this wash with ICAC?<figure><img src="https://images.theconversation.com/files/429254/original/file-20211029-25-zv6y3y.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Independent Commission Against Corruption/ AAP</span></span></figcaption></figure><p>After two weeks of sensational Independent Commission Against Corruption (ICAC) hearings into the conduct of Gladys Berejiklian, we have finally heard from the former NSW premier herself. This saw Berejiklian <a href="https://www.smh.com.au/politics/nsw/part-of-my-love-circle-berejiklian-unpacks-secret-affair-with-maguire-20211029-p59493.html">continue to maintain</a> she has done nothing wrong. </p>
<p>She has argued her undisclosed relationship with disgraced former Liberal MP Daryl Maguire was not of “sufficient standard or sufficient signifiance” to be publicly declared. Berejiklian also told the ICAC there was no conflict of interest in the actions she took to facilitate projects Maguire had an interest in as she had not made a personal profit. </p>
<p>Asked why she had described him in an intercepted message as “family”, Berejiklian <a href="https://www.smh.com.au/politics/nsw/berejiklian-inquiry-live-updates-former-nsw-premier-to-front-icac-as-probe-into-relationship-with-daryl-maguire-continues-20211028-p5942n.html">said</a> he was family “in terms of my feelings but definitely not in any legal sense”. Counsel assisting, Scott Robertson ominously replied: “We’ll let the lawyers argue about the law”. </p>
<h2>ICAC’s forensic approach</h2>
<p>From the beginning, the tone of the hearing has been more like a prosecution than an investigation. Robertson has been logical, forensic, and relentless in his questioning.</p>
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<img alt="Barrister Scott Robertson." src="https://images.theconversation.com/files/429255/original/file-20211029-18-1dlfm7p.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/429255/original/file-20211029-18-1dlfm7p.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/429255/original/file-20211029-18-1dlfm7p.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/429255/original/file-20211029-18-1dlfm7p.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/429255/original/file-20211029-18-1dlfm7p.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/429255/original/file-20211029-18-1dlfm7p.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/429255/original/file-20211029-18-1dlfm7p.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Barrister Scott Robertson is the ICAC assisting counsel.</span>
<span class="attribution"><span class="source">Bianca De Marchi/AAP</span></span>
</figcaption>
</figure>
<p>The evidence of witnesses, which include <a href="https://www.smh.com.au/politics/nsw/berejiklian-lied-to-then-chief-of-staff-and-friend-about-relationship-icac-20211026-p593d4.html">former staffers</a>, <a href="https://www.theguardian.com/australia-news/2021/oct/21/icac-public-servant-believed-berejiklian-wanted-business-case-redone-to-support-shooting-club">officials</a>, former premier <a href="https://www.smh.com.au/politics/nsw/former-premier-mike-baird-tells-icac-relationship-should-have-been-disclosed-20211020-p591oh.html">Mike Baird </a> and former Nationals leader <a href="https://www.abc.net.au/news/2021-10-25/john-barilaro-fronts-gladys-berejiklian-icac-corruption-inquiry/100564848">John Barilaro</a>, has been notable for two things. </p>
<p>Almost all described Berejiklian as competent and conscientious. They also universally said that being in a secret relationship with Maguire and being involved in government decisions that would benefit him was an obvious conflict of interest that should have been declared.</p>
<h2>Not intimate?</h2>
<p>ICAC’s <a href="https://www.icac.nsw.gov.au/media-centre/media-releases/2021-media-releases/further-operation-keppel-public-inquiry">Operation Keppel</a> investigation was always going to be dangerous for Berejiklian. </p>
<p>A crucial matter arising from hearings in October 2020 was whether Berejiklian should have publicly disclosed her relationship with the former MP. Under the <a href="https://arp.nsw.gov.au/m2014-09-code-conduct-ministers-crown">Ministerial Code of Conduct</a>, Berejiklian had an obligation to do so if the relationship was “intimate” and if she was involved in deciding any matter that could reasonably be expected to confer a private benefit on him. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/after-a-bombshell-day-at-icac-questions-must-be-asked-about-integrity-in-australian-politics-170102">After a bombshell day at ICAC, questions must be asked about integrity in Australian politics</a>
</strong>
</em>
</p>
<hr>
<p>The form of words she used during her last ICAC appearance in October last year was that they were “<a href="https://www.abc.net.au/news/2020-10-13/nsw-gladys-berejiklian-close-personal-relationship-daryl-maguire/12761272">close</a>” not “intimate”, so it was not not serious enough to warrant disclosure. However, in an interview shortly after with <a href="https://www.dailytelegraph.com.au/subscribe/news/1/?sourceCode=DTWEB_WRE170_a_GGL&dest=https%3A%2F%2Fwww.dailytelegraph.com.au%2Fnews%2Fnsw%2Fgladys-berejiklian-on-daryl-maguire-i-loved-him-but-ill-never-speak-to-him-again%2Fnews-story%2Ffd2a2863871d136b5bd856f267cb1d04&memtype=anonymous&mode=premium&v21=dynamic-cold-test-score&V21spcbehaviour=append">The Sunday Telegaph</a> she spoke of how she once had hopes to marry Maguire. </p>
<p>This week, via Maguire, we have also heard the couple talked about <a href="https://www.theguardian.com/australia-news/2021/oct/28/daryl-maguire-tells-icac-he-discussed-marriage-and-children-with-gladys-berejiklian">having a child</a>. He also had a key and ongoing access to her home. </p>
<p>For her part, on Friday, <a href="https://www.smh.com.au/politics/nsw/part-of-my-love-circle-berejiklian-unpacks-secret-affair-with-maguire-20211029-p59493.html">Berejiklian said</a> Maguire was part of her “love circle […] of people that I strongly cared for” but things were not serious enough to introduce him to her parents and sisters. </p>
<p>On this alone, she runs the risk of being accused of having misled ICAC.</p>
<h2>Hospital upgrade, secret calls</h2>
<p>The evidence of the last two weeks has also shown how Berekilian was involved in decision-making processes concerning substantial funds flowing to Maguire’s electorate of Wagga Wagga.</p>
<figure class="align-center ">
<img alt="Former MP Daryl Maguire" src="https://images.theconversation.com/files/429266/original/file-20211029-15-1p652zy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/429266/original/file-20211029-15-1p652zy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=334&fit=crop&dpr=1 600w, https://images.theconversation.com/files/429266/original/file-20211029-15-1p652zy.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=334&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/429266/original/file-20211029-15-1p652zy.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=334&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/429266/original/file-20211029-15-1p652zy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=420&fit=crop&dpr=1 754w, https://images.theconversation.com/files/429266/original/file-20211029-15-1p652zy.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=420&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/429266/original/file-20211029-15-1p652zy.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=420&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Daryl Maguire quit state parliament in 2018 when he was drawn into an ICAC investigation.</span>
<span class="attribution"><span class="source">Independent Commission Against Corruption/AAP</span></span>
</figcaption>
</figure>
<p>In a recording of a conversation between Maguire and Berejiklian in 2018, Maguire complained about a lack of funding for projects in his electorate. “I’ll deal with it, I’ll fix it,” Berejiklian <a href="https://7news.com.au/politics/gladys-berejiklian/gladys-berejiklian-promised-to-fix-it-when-daryl-maguire-complained-his-electorates-projects-werent-being-funded--c-4362702">replied</a>. Two hours later, in another phone call, Berejiklian told Maguire she had spoken to Dom Perrottet (then treasurer) and it was in the budget. </p>
<p>During her appearance on Friday, Berejiklian repeatedly denied there had been a conflict of interest. “I always put the public interest first,” she said. </p>
<h2>What happens now?</h2>
<p>On the evidence we have seen so far, the future looks bleak for Berejiklian. Her life and career may be on hold for some time. If ICAC makes a finding of corrupt conduct against her, she can be referred to the Director of Public Prosecutions (DPP). </p>
<figure class="align-center ">
<img alt="Gladys Berejiklian arriving at ICAC." src="https://images.theconversation.com/files/429269/original/file-20211029-669-1byvj2g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/429269/original/file-20211029-669-1byvj2g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/429269/original/file-20211029-669-1byvj2g.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/429269/original/file-20211029-669-1byvj2g.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/429269/original/file-20211029-669-1byvj2g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/429269/original/file-20211029-669-1byvj2g.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/429269/original/file-20211029-669-1byvj2g.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Berejiklian is due to appear at ICAC again next week.</span>
<span class="attribution"><span class="source">Dean Lewins/AAP</span></span>
</figcaption>
</figure>
<p>The DPP process could then take some time. For example, ICAC’s <a href="https://www.smh.com.au/national/nsw/icac-operation-credo-report-fresh-corruption-findings-against-obeid-tripodi-and-kelly-20170803-gxo7zy.html">Operation Credo</a> found in August 2017 that former NSW Labor ministers Eddie Obeid and Joe Tripodi and others had acted corruptly by faking a cabinet minute and <a href="https://www.theguardian.com/australia-news/2017/aug/03/icac-finds-that-eddie-obeid-joe-tripodi-and-tony-kelly-engaged-in-corrupt-conduct">referred</a> them to the DPP. The DPP is <a href="https://www.smh.com.au/national/nsw/trifecta-of-icac-trips-ups-leads-to-downfall-of-liberal-premiers-20211001-p58wk6.html">still deciding</a> whether criminal charges will be laid. Obeid’s recent sentencing over a <a href="https://www.9news.com.au/national/eddie-obeid-moses-ian-macdonald-sentenced-for-bylong-mine-conspiracy-icac/6832774f-f31a-4eab-94b2-3f0939e4e473">mine license conspiracy </a> follows another ICAC inquiry that started <a href="https://www.abc.net.au/news/2021-10-21/sentencing-over-mine-conspiracy-obeid-macdonald/100553968">almost ten years ago</a>. </p>
<p>Why someone as renowned for competence, honesty and political astuteness as Berejiklian should make such an obvious blunder as failing to declare her relationship with Maguire is inexplicable (although on Friday, she said <a href="https://www.smh.com.au/politics/nsw/part-of-my-love-circle-berejiklian-unpacks-secret-affair-with-maguire-20211029-p59493.html">she would not</a> change her decision if she had her time again). She has paid – and will continue to pay - a very heavy price for neglecting to make an admission that would not have had many, if any, deleterious consequences. </p>
<p>It is clear Berejiklian realised what was coming would be very damaging and decided to preempt a messy end by <a href="https://www.abc.net.au/news/2021-10-01/nsw-premier-gladys-berejiklian-resignation-icac-explained/100507412">resigning </a> at the start of October. It is also clear much of the <a href="https://www.theaustralian.com.au/inquirer/icac-sentences-a-premier-to-the-roughest-injustice/news-story/fd443e886187b100805eeb76f4d0bcb7">criticism</a> of ICAC for “establishing a parallel system of rough justice, in which the presumption of innocence and equality before the law count for nothing” was ill-informed.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/icac-is-not-a-curse-and-probity-in-government-matters-the-australian-media-would-do-well-to-remember-that-169132">ICAC is not a curse, and probity in government matters. The Australian media would do well to remember that</a>
</strong>
</em>
</p>
<hr>
<p>So far, Berejiklian has garnered a significant amount of <a href="https://www.youtube.com/watch?v=clyXLo2kDkM">public sympathy</a>, as a successful woman, who lost her high-profile job over a personal misjudgement. It will be interesting to see if that sympathy holds.</p>
<p>The former premier is due to back at ICAC on Monday morning.</p><img src="https://counter.theconversation.com/content/170860/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>David Clune does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>After two weeks of sensational Independent Commission Against Corruption hearings into the conduct of Gladys Berejiklian, we have finally heard from the former premier.David Clune, Honorary Associate, Government and International Relations, University of SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1701022021-10-20T09:20:22Z2021-10-20T09:20:22ZAfter a bombshell day at ICAC, questions must be asked about integrity in Australian politics<figure><img src="https://images.theconversation.com/files/427463/original/file-20211020-13-1ynytp9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">AAP/Dan Himbrechts</span></span></figcaption></figure><p>A few days into the <a href="https://www.icac.nsw.gov.au/media-centre/media-releases/2021-media-releases/further-operation-keppel-public-inquiry">current Independent Commission Against Corruption (ICAC) proceedings in NSW</a>, and it appears two <a href="https://www.afr.com/politics/federal/berejiklian-beats-pm-in-poll-but-chant-is-the-real-winner-20210727-p58d7v">relatively popular</a> former NSW premiers and Cabinet colleagues – Gladys Berejiklian and Mike Baird – might hold markedly different views on integrity in public office. </p>
<p>In fact, Baird, who is not accused of any wrongdoing, <a href="https://www.theage.com.au/politics/nsw/former-premier-mike-baird-tells-icac-relationship-should-have-been-disclosed-20211020-p591oh.html">told the hearing</a> he was “incredulous” when he found out about the relationship between Berejiklian and former MP Daryl Maguire, and believed she ought to have disclosed it.</p>
<p>In the wake of the ICAC hearings, questions are also emerging about the system surrounding, and potentially enabling, perceived actions of political integrity.</p>
<p>We are witnessing a moment that will test widely held assumptions about politics beyond NSW alone. Integrity has become stock and trade in Australian politics. It crystallises views on what is, and what isn’t, good government. Faith in political systems depends on it. Democracy requires us to trust the integrity of political structures, elections, parliament, and parliamentarians.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/a-federal-icac-must-end-the-confusion-between-integrity-questions-and-corruption-169360">A federal ICAC must end the confusion between integrity questions and corruption</a>
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<p>The most experienced political actors know this. That’s why they return to the issue of integrity, repeatedly, both in the bluster of attack, and in the stiff resolve of defence. Berejiklian did just that in her recent <a href="https://www.nsw.gov.au/media-releases/gladys-berejiklian-statement">resignation speech</a>. She said</p>
<blockquote>
<p>History will demonstrate that I have always executed my duties with the highest degree of integrity for the benefit of the people of NSW.</p>
</blockquote>
<p>That is precisely the proposition ICAC is testing. Its <a href="https://www.icac.nsw.gov.au/media-centre/media-releases/2021-media-releases/further-operation-keppel-public-inquiry">investigation</a> into whether Berejiklian engaged in conduct that “constituted or involved a breach of public trust” will substantially shape the historical record.</p>
<p>The integrity of the political processes behind the deployment of public funds in NSW has again been drawn into question. It is not the first time, and if we look at recent history, it may be that hints of structural vulnerability were emerging.</p>
<p>Asked late last year about accusations of pork barrelling Berejiklian replied, “<a href="https://www.theaustralian.com.au/nation/gladys-berejiklian-defends-council-grants-saying-porkbarrelling-is-not-illegal/news-story/76972a28aff3d002c498cf2f41679832">It’s not an illegal practice</a>”. It was a curious response; a frank admission that electoral imperatives influence the stewardship of public resources. Nevertheless, she was right.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/427470/original/file-20211020-27-16qvd4g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/427470/original/file-20211020-27-16qvd4g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/427470/original/file-20211020-27-16qvd4g.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/427470/original/file-20211020-27-16qvd4g.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/427470/original/file-20211020-27-16qvd4g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/427470/original/file-20211020-27-16qvd4g.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/427470/original/file-20211020-27-16qvd4g.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The ICAC inquiry will examine whether Gladys Berejiklian breached public trust while in office.</span>
<span class="attribution"><span class="source">AAP/Bianca de Marchi</span></span>
</figcaption>
</figure>
<p>The integrity of the system is not, according to the <a href="https://arp.nsw.gov.au/m2014-09-code-conduct-ministers-crown">NSW Ministerial Code of Conduct</a>, compromised if ministers make decisions that might result in the “expectation that the manner in which a particular matter is dealt with will enhance a person’s or party’s popular standing”.</p>
<p>But, the code warns, ministers do “have a responsibility to avoid or otherwise manage appropriately conflicts of interest to ensure the maintenance of both the actuality and appearance of Ministerial integrity”. That’s the issue here.</p>
<p>The current ICAC proceedings are examining whether the former premier – who has denied wrongdoing – failed to declare a “conflict of interest” regarding her relationship with McGuire in relation to decisions on <a href="https://www.icac.nsw.gov.au/media-centre/media-releases/2021-media-releases/further-operation-keppel-public-inquiry">the allocation of public funds to particular projects in his electorate</a> of Wagga Wagga.</p>
<p>On this issue, the comments from Baird – Berejiklian’s predecessor – at ICAC were pointed. His remark that her relationship with Maguire “<a href="https://www.smh.com.au/national/nsw/devastated-baird-s-evidence-builds-case-against-berejiklian-20211020-p591qv.html">should have been disclosed</a>” goes to the heart of the matter.</p>
<p>The integrity of the deployment of public funds, in Baird’s view, relies on appropriate public disclosure. The varied treatment of that proposition, both politically and under the code, is becoming clearer. But what about the public service?</p>
<p>Public servants are there to advise ministers and ensure public monies are spent well. Indeed, the <a href="https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-040#sec.7">Government Sector Employment Act 2013</a> provides a list of four core values – integrity, trust, service and accountability. It also lists 18 principles guiding how these values should be implemented for those employed in the public service and wider government sector. In particular, the act requires public servants to make decisions that result in the fair provision of services.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/icac-is-not-a-curse-and-probity-in-government-matters-the-australian-media-would-do-well-to-remember-that-169132">ICAC is not a curse, and probity in government matters. The Australian media would do well to remember that</a>
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</em>
</p>
<hr>
<p>Importantly, the act stipulates public servants should be “fiscally responsible and focus on efficient, effective and prudent use of resources”.</p>
<p>To protect public servants from compromise, the ministerial code specifies that ministers have a “responsibility to ensure that they do not act in a way that would place others, including public servants, in a position that would require them to breach the law or their own ethical obligations”.</p>
<p>But as with most sets of rules, exceptions apply. The code does not “limit Ministerial discretion to make decisions and direct departments in accordance with the principle of departmental responsibility to Ministers, including to disagree with advice and recommendations put to them by public servants”.</p>
<p>Where political integrity lies in all of this remains to be seen. If pork barrelling is okay, and disclosure discretionary, then the basis of public trust in politicians and political processes is also drawn into question.</p>
<p>At a time when a <a href="https://theconversation.com/as-a-nsw-premier-falls-and-sa-guts-its-anti-corruption-commission-what-are-the-lessons-for-integrity-bodies-in-australia-168932">federal integrity commission seems a distant priority</a>, and NSW proceedings have a distance to run, the integrity of Australian politics and democracy is being tested.</p><img src="https://counter.theconversation.com/content/170102/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>As the ICAC hearings in New South Wales are showing, the issue of integrity in Australian politics is a murky one that is rightly being held up to scrutiny.Andy Marks, Pro Vice-Chancellor, Strategy, Government and Alliances, Western Sydney UniversityRae Dufty-Jones, Associate Professor, Western Sydney UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1695442021-10-11T04:06:04Z2021-10-11T04:06:04ZIBAC vs ICAC: what are these anti-corruption commissions and how do they compare?<figure><img src="https://images.theconversation.com/files/425624/original/file-20211011-15-b9d699.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">James Ross/AAP</span></span></figcaption></figure><p>Today Victoria’s anti-corruption commission <a href="https://thenewdaily.com.au/news/state/vic/2021/10/11/anthony-byrne-victoria-ibac/">begins public hearings</a> into allegations of <a href="https://www.theguardian.com/australia-news/2021/oct/06/daniel-andrews-wont-stand-down-over-reports-ibac-is-investigating-his-role-in-firies-dispute">branch stacking</a> by Labor MPs and their staff.</p>
<p>This follows news Victorian Premier Daniel Andrews is being <a href="https://www.theguardian.com/australia-news/2021/oct/06/daniel-andrews-wont-stand-down-over-reports-ibac-is-investigating-his-role-in-firies-dispute">questioned</a> by the Victorian Independent Broad‑based Anti‑corruption Commission (IBAC) over his dealings with the firefighters union (Andrews says he has behaved “appropriately”). </p>
<p>It also comes as New South Wales Premier Gladys Berejiklian sensationally <a href="https://www.abc.net.au/news/2021-10-01/nsw-premier-gladys-berejiklian-resignation-icac-explained/100507412">fell on her sword</a> last month. She resigned after revelations the NSW Independent Commission Against Corruption (ICAC) was investigating whether there was a conflict between her public duties and private interests, which she denies. </p>
<p>This has all further heated up the debate about the <a href="https://theconversation.com/explainer-what-is-the-proposed-commonwealth-integrity-commission-and-how-would-it-work-140734">proposed federal integrity commission</a>. The Morrison government is expected to introduce legislation establishing the Commonwealth commission by the end of the year. But its proposed model has been criticised as being <a href="https://theconversation.com/the-proposed-national-integrity-commission-is-a-watered-down-version-of-a-federal-icac-108753">too weak</a>.</p>
<p>So, what are these anti-corruption commissions? And what are differences between ICAC in NSW and IBAC in Victoria?</p>
<h2>What are anti-corruption commissions?</h2>
<p>Anti-corruption commissions investigate corruption in government. They can be given strong coercive powers to do so, including the power to compel documents and witnesses.</p>
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<img alt="Former NSW premier Gladys Berejiklian" src="https://images.theconversation.com/files/425623/original/file-20211011-25-3pdac8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/425623/original/file-20211011-25-3pdac8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/425623/original/file-20211011-25-3pdac8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/425623/original/file-20211011-25-3pdac8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/425623/original/file-20211011-25-3pdac8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/425623/original/file-20211011-25-3pdac8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/425623/original/file-20211011-25-3pdac8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Former NSW Premier Gladys Berejiklian quit her role last month, in the face of an ICAC investigation.</span>
<span class="attribution"><span class="source">Bianca De Marchi/AAP</span></span>
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<p>ICAC was established in NSW in 1988 by then premier Nick Greiner. A few years later, Greiner became the first premier to <a href="https://www.theguardian.com/australia-news/2021/oct/02/watchdog-with-bite-icac-claims-another-scalp-with-demise-of-gladys-berejiklian">resign</a> due to an ICAC investigation. Victoria’s IBAC was set up in 2012 following an election commitment by the Baillieu Coalition government (who made the pledge during opposition). </p>
<p>There are three main differences between IBAC and ICAC – jurisdiction, power and procedures. </p>
<h2>IBAC vs ICAC</h2>
<p>When IBAC was set up, it was <a href="https://www.accountabilityrt.org/wp-content/uploads/2012/11/IBAC-attachement-commitment-letter-July-2012-A.pdf">criticised</a> by prominent former judges at the Accountability Roundtable as a “toothless tiger,” given the high threshold of what it could investigate – it must be “serious corrupt conduct” before an investigation can start. </p>
<p>We should note here, the investigation threshold for the proposed Commonwealth Integrity Commission is even higher, requiring a reasonable suspicion of corruption amounting to a criminal offence before an inquiry can even begin. This is a difficult hurdle to clear.</p>
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Read more:
<a href="https://theconversation.com/a-federal-icac-must-end-the-confusion-between-integrity-questions-and-corruption-169360">A federal ICAC must end the confusion between integrity questions and corruption</a>
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<p>The Andrews government <a href="https://www.theage.com.au/opinion/victorias-anticorruption-commission-ibac-will-still-be-a-toothless-tiger-20160121-gmay8c.html">increased</a> the jurisdiction of IBAC in 2016, removing the requirement for corrupt conduct to be “serious”, and adding the ability to investigate misconduct in public office.</p>
<p>But IBAC’s jurisdiction remains <a href="https://australiainstitute.org.au/wp-content/uploads/2020/12/Briefing-paper-IBAC-Stephen-Charles.pdf">more limited</a> than ICAC’s, which has broad powers to investigate any allegation upon suspicion of corruption. This includes alleged substantial breaches of the ministerial and MP codes of conduct. </p>
<p>IBAC’s powers are also <a href="https://www.theage.com.au/national/victoria/changes-to-victorias-anticorruption-commission-way-short-say-original-ibac-advisers-20141010-1149t5.html">more limited</a> than ICAC. It is unable to use coercive powers to conduct preliminary investigations to determine whether matters warrant full examination. By contrast, ICAC has the full use of coercive powers, including for preliminary investigations. </p>
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<a href="https://theconversation.com/as-a-nsw-premier-falls-and-sa-guts-its-anti-corruption-commission-what-are-the-lessons-for-integrity-bodies-in-australia-168932">As a NSW premier falls and SA guts its anti-corruption commission, what are the lessons for integrity bodies in Australia?</a>
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<p>Finally, ICAC holds <a href="https://www.smh.com.au/national/nsw/a-crime-of-the-powerful-what-are-australia-s-anti-corruption-bodies-20191002-p52wv0.html">public hearings</a> as a matter of course. But IBAC can only hold public hearings in exceptional circumstances and when it is in the public interest to do so. </p>
<p>In short, ICAC is a more powerful commission than IBAC. </p>
<h2>Who watches the watchdogs?</h2>
<p>A big question is about how we ensure anti-corruption commissions do not overstep their bounds. Given their broad coercive powers, how do we hold them to account? </p>
<p>In Australia, anti-corruption commissions are subject to a strong system of accountability through parliaments and the courts. </p>
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<img alt="Victorian Premier Daniel Andrews." src="https://images.theconversation.com/files/425625/original/file-20211011-19-1lve9nu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/425625/original/file-20211011-19-1lve9nu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/425625/original/file-20211011-19-1lve9nu.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/425625/original/file-20211011-19-1lve9nu.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/425625/original/file-20211011-19-1lve9nu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/425625/original/file-20211011-19-1lve9nu.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/425625/original/file-20211011-19-1lve9nu.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Daniel Andrews says he will not stand down over news IBAC is looking at his dealings with the firefighters union.</span>
<span class="attribution"><span class="source">James Ross/AAP</span></span>
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<p>IBAC and ICAC report to dedicated parliamentary committees who scrutinise their actions and decisions. Complaints against IBAC and ICAC can be made to a dedicated inspectorate – an independent statutory officer who oversees their actions. </p>
<p>Where the anti-corruption commissions go beyond the legal boundaries of their roles, the courts will police it. For example, in 2015, the High Court shut down an investigation against crown prosecutor, Margaret Cunneen. The court <a href="https://www.theguardian.com/australia-news/2015/apr/15/icac-loses-appeal-to-investigate-margaret-cunneen">found ICAC</a> had no power to investigate allegations Cunneen had advised her son’s girlfriend to fake chest pains to avoid a breath test after a car crash. This is because Cunneen’s actions occurred when acting as a private citizen (not as crown prosecutor) – and so did not fit the definition of “corrupt conduct” in the NSW legislation.</p>
<p>So the idea that anti-corruption commissions are <a href="https://www.theaustralian.com.au/commentary/letters/icac-a-star-chamber-without-the-safeguards-of-the-common-law/news-story/3fe31424c4a92f964f0be8ba5cfdec1f">not accountable</a> is simply untrue. </p>
<h2>Under attack</h2>
<p>Anti-corruption commissions like IBAC and ICAC tend to be unpopular within governments because they scrutinise government action and may expose improper conduct or corruption within their ranks. </p>
<p>It is regrettably common for governments hostile to anti-corruption commissions to attack them, including by reducing their <a href="https://www.abc.net.au/news/2021-09-23/sa-icac-bill-passes-parliament/100487668?fbclid=IwAR3D497lgrhmMF9hJLCATkcawL9HHA8TlyhX1LZskmkQkgcJ5zNNG25USCg">powers</a> or <a href="https://www.theguardian.com/australia-news/2021/mar/25/former-corruption-commissioner-blasts-nsw-cuts-to-integrity-agencies-as-alarming">funding</a>.</p>
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<a href="https://theconversation.com/icac-is-not-a-curse-and-probity-in-government-matters-the-australian-media-would-do-well-to-remember-that-169132">ICAC is not a curse, and probity in government matters. The Australian media would do well to remember that</a>
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<p>In this vein, the latest barrage of <a href="https://www.theguardian.com/australia-news/2021/oct/04/barnaby-joyce-condemns-spanish-inquisition-icac-saying-it-makes-mps-terrified-to-do-their-job#">criticisms</a> by politicians of ICAC following Berejiklian’s resignation is rather predictable. It is part of a broader pattern of attacks on oversight bodies that police government action. </p>
<p>This is despite their integral role in our democracy. Alongside other oversight bodies such as the ombudsman and auditor-general, anti-corruption commissions form part of an intricate, interlocking integrity framework that monitors executive action. </p>
<p>In this light, the design of the proposed Commonwealth Integrity Commission is fundamental. Australians deserve a robust system of accountability that will keep our politicians honest.</p><img src="https://counter.theconversation.com/content/169544/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Yee-Fui Ng does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>There are three main differences between IBAC and ICAC, the Victorian and NSW bodies set up to combat government corruption.Yee-Fui Ng, Associate Professor, Faculty of Law, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1695252021-10-08T01:47:59Z2021-10-08T01:47:59ZVIDEO: Michelle Grattan on the new NSW Premier, hospital funding, and a federal integrity commission<p>University of Canberra Professional Fellow Michelle Grattan and University of Canberra Associate Professor Caroline Fisher discuss the week in politics</p>
<p>This week they talk about the new NSW Premier Dominic Perrottet – his relationship with Scott Morrison, and his steps to differentiate himself from Gladys Berejiklian, with some changes to the road-map out of lockdown. </p>
<p>Meanwhile the hospital wars are back. All the states want more money from Canberra as they prepare for reopening. Scott Morrison is resisting, insisting they’ve had plenty of time and funding to get ready and targeting Queensland in particular. </p>
<p>After Berejiklian’s resignation, triggered by the NSW Independent Commission Against Corruption’s probity investigation into her conduct, attention has turned to the federal government’s proposed integrity commission. Ahead of the introduction of the legislation, due soon, debate is raging over what should be the extent of its powers. </p>
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<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>University of Canberra Professional Fellow Michelle Grattan and University of Canberra Associate Professor Caroline Fisher discuss the week in politicsMichelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1694732021-10-07T10:48:11Z2021-10-07T10:48:11ZGrattan on Friday: Morrison government faces battle over integrity commission it doesn’t really want<p>Those critiquing the dramatic fall of Gladys Berejiklian, who resigned when the Independent Commission Against Corruption announced it was investigating the probity of her conduct, have divided into two camps.</p>
<p>Some cast ICAC as the ogre that’s brought down a good leader, and a woman at that, over what seem to them relatively small matters.</p>
<p>Others argue propriety is paramount, regardless of the broader qualities of a leader, and Berejiklian’s position as NSW premier became untenable after her revelation last year of her relationship with a dodgy colleague.</p>
<p>Deputy Prime Minister Barnaby Joyce portrayed ICAC as a rogue player that gets in the way of politicians.</p>
<p>“ICAC out of control means that the bureaucracy reigns supreme and politicians are basically terrified to do their job,” Joyce told Channel 7.</p>
<p>“Politicians at times have to make hard decisions. It’s not that they’re corrupt, they’re making decisions. There might be some disagreement with the bureaucracy, but that’s their right. That’s why people go to a ballot box and they see the name of politicians on the ballot paper, not the names of bureaucrats.” </p>
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Read more:
<a href="https://theconversation.com/politics-with-michelle-grattan-former-judge-stephen-charles-slams-governments-integrity-commission-model-169460">Politics with Michelle Grattan: Former judge Stephen Charles slams government's integrity commission model</a>
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<p>Joyce’s line ignores a couple of salient points.</p>
<p>Politicians’ decisions in some cases are made for improper reasons. And without sharp oversight, the voters may not be the wiser when they look at that ballot paper. Remember, it was the auditor-general who documented the egregious sports grants rorting.</p>
<p>With the Morrison government due within weeks to introduce its legislation for a federal integrity commission, Berejiklian’s resignation has brought into even sharper focus the powers and conduct of the bodies charged with investigating integrity in politics.</p>
<p>Morrison was blunt in his view about ICAC. “I’m sure there are millions of people who’ve seen what’s happened to Gladys Berejiklian, they’ll understand that’s a pretty good call not to follow that [ICAC] model,” he said. </p>
<p>Many people, however, will not think that’s such a “good call”.</p>
<p>We haven’t got the final version of the government’s integrity commission legislation. But the draft model put out by then attorney-general Christian Porter was spineless in its provisions relating to politicians and public servants. And it would take a major change of direction for the government to insert a significant spine when it makes its revisions.</p>
<p>The point is this: the government doesn’t really want an integrity commission. It has been dragged to it by political necessity.</p>
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Read more:
<a href="https://theconversation.com/icac-is-not-a-curse-and-probity-in-government-matters-the-australian-media-would-do-well-to-remember-that-169132">ICAC is not a curse, and probity in government matters. The Australian media would do well to remember that</a>
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<p>In the draft model, the proposed commission has tough provisions covering the scrutiny of law enforcement bodies. But politicians, their staff and bureaucrats would be given heavy protections.</p>
<p>These would make it hard for allegations against them to reach investigators, limit what matters the body could probe, and ban public hearings during inquiries, as well as public reporting.</p>
<p>Under Morrison’s model, Berejiklian’s self-damning evidence of last year would not have been given in an open forum.</p>
<p>In a <a href="https://publicintegrity.org.au/wp-content/uploads/2021/10/Weakest-watchdog-FINAL-4.10.21-1.pdf">report released this week</a> the Centre for Public Integrity, an independent think tank with a board of legal heavyweights, compared the government’s planned commission with others around the country and concluded that its public sector division “would be the weakest integrity commission in the country”.</p>
<p>The centre pointed out such a body wouldn’t, for instance, be able to investigate rorting in the sports grants scheme and commuter car parks project, the allegations of conflict of interest involving minister Angus Taylor’s family business, or claims about ex-ministers’ potential breaches of the ministerial code of conduct.</p>
<p>This list, however, does invite a knotty question. Should all alleged integrity breaches by politicians, staff and public servants be examined by the same body?</p>
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Read more:
<a href="https://theconversation.com/a-federal-icac-must-end-the-confusion-between-integrity-questions-and-corruption-169360">A federal ICAC must end the confusion between integrity questions and corruption</a>
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<p>Gary Sturgess, who as cabinet secretary to the NSW Greiner government designed ICAC, argues for having one body to look at serious “corruption” allegations (with no special protections for the political class), and a separate one to deal with less serious alleged integrity breaches by public figures.</p>
<p>Sturgess warns against confusing corruption involving potential criminality with other (but still important) breaches. “Treat all politicians as crooks, and there is the danger that we will end up with less integrity in public office, not more,” he wrote in The Conversation this week.</p>
<p>In designing its model, the Morrison government has been more concerned about the political damage a robust body could do than about corruption and other integrity issues. It doesn’t want any more opportunity than presently exists for “scandals” to be probed.</p>
<p>Critics of having a federal body at all have in the past argued that “corruption” is found more often at state rather than federal level.</p>
<p>But there’s no doubt federal governments of both complexions, and individual politicians, will often be willing to subvert proper process when it’s expedient to do so – and if they think they can get away with it. And the role of donations in buying access to ministers and their offices involves serious integrity concerns. It doesn’t have to be a matter of cash in a brown paper bag.</p>
<p>Potential exposure of integrity breaches has the dual advantage of serving the public’s right to know and acting as a deterrent to bad behaviour.</p>
<p>But the fear that an integrity commission can be weaponised politically is legitimate. Strong protections are needed for those investigated and witnesses as well as a stringent arrangements for oversight of the commission’s activities.</p>
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Read more:
<a href="https://theconversation.com/gladys-berejiklian-quits-premiership-amid-icac-inquiry-into-links-with-former-mp-169099">Gladys Berejiklian quits premiership amid ICAC inquiry into links with former MP</a>
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<p>Labor is promising a more robust model to cover the political class, including public hearings, wider access for those wanting to make allegations, and the ability for the commission to commence its own inquiries.</p>
<p>Retrospectivity is a contested area, with shadow attorney-general Mark Dreyfus saying the commission “has to be able to decide about matters that potentially, even though they occurred in the past, are having a current effect on the government of Australia”. The government says retrospectivity is a question of parameters and it is still working this through. </p>
<p>The government’s legislation may not have been passed by the election, given the tight timetable. Even if it has been, Labor will be committed to revisiting the model.</p>
<p>Either way, the national integrity commission is likely to be still a sharp point of contention when the voters go to the polls.</p><img src="https://counter.theconversation.com/content/169473/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Politics has forced the government into legislation for an integrity commission that won’t satisfy criticsMichelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1694602021-10-07T04:15:24Z2021-10-07T04:15:24ZPolitics with Michelle Grattan: Former judge Stephen Charles slams government’s integrity commission model<p>After Gladys Berejiklian’s resignation over an investigation by the NSW Independent Commission Against Corruption (ICAC), the debate about the federal government’s proposed – but weak – federal integrity commission is heating up. </p>
<p>Stephen Charles, a former Victorian judge who is a director of the Centre for Public Integrity, says the Coalition should totally rework its
draft model to give it real teeth in dealing with politicians and public servants. </p>
<p>Pointing out that under the government draft, investigations of politicians wouldn’t have public hearings, Charles asks, “What does that show you about the concern they have of their activities being exposed? And […] remember the hundreds of thousands and millions of dollars that this coalition has shown it is prepared to spend […] to its electoral advantage rather than in the interests of the public.”</p>
<p>“Australia is a signatory to the United Nations Convention Against Corruption. Article 36 of that convention requires Australia to have an effective body to deal with corruption, and those of us who’ve been arguing for a national integrity body have been pointing to Australia’s failure to comply with its obligations under UNCAC for a long time now.” </p>
<p>Charles agrees with the need to prevent the integrity commission being used by political players for their own purposes. “These powers must not be allowed to be weaponised by […] the political party in power at the time.”</p>
<p>“The body should be under the control of the judicial system, which in this case would mean under the control of the federal court […] there should be an inspector, and next there should be a parliamentary committee which should have its activities under continual review.” With those protections, misuse could be prevented, Charles says.</p><img src="https://counter.theconversation.com/content/169460/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Michelle Grattan speaks with Former Victorian judge Stephen Charles as he attacks the weakness of the Morrison Governments model for an integrity commissionMichelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1693602021-10-06T06:43:23Z2021-10-06T06:43:23ZA federal ICAC must end the confusion between integrity questions and corruption<figure><img src="https://images.theconversation.com/files/424939/original/file-20211006-13-1svd3hv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Bianca de Marchi/AAP</span></span></figcaption></figure><p><em>Gary Sturgess was director-general of NSW Premier Nick Greiner’s cabinet office in 1988 and the “architect” of ICAC.</em></p>
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<p>There has been a great deal of commentary about the NSW Independent Commission Against Corruption (ICAC) in recent days, in light of Gladys Berejiklian’s resignation as premier of New South Wales. Much of this has been ill-informed, and some correction is required as the debate over a federal ICAC rolls on.</p>
<p>The NSW ICAC, the first anti-corruption agency in Australia, established in 1988, is an extraordinarily powerful organisation. This should never be taken for granted. It usually conducts its hearings in public. This results in considerable capacity to do harm to the reputations of innocent people, by a counsel assisting who ignores legal conventions or by headline-seeking journalists.</p>
<p>Those powers are not without precedent in this country. The NSW ICAC is simply a standing royal commission, albeit one that, for reasons of independence, sets its own terms of reference.</p>
<p>Other than in the fields of corruption prevention and education, it did not borrow from the Hong Kong agency that bears the same name. The HK ICAC operates with a great deal of secrecy, as has been pointed out, but it exercises extraordinary powers in secret, including detention without warrant. The NSW government did not want to follow this precedent.</p>
<p>And contrary to what one member of the Greiner cabinet has <a href="https://www.smh.com.au/politics/nsw/poor-gladys-berejiklian-passed-the-pub-test-but-the-icac-is-another-matter-20211003-p58wu4.html">recently claimed</a>, it was not cobbled together from precedents around the world. It was directly modelled on the royal commission, an institution that Australians know well, where there was an existing body of law and practice on which commissioners and courts could draw.</p>
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<a href="https://theconversation.com/icac-is-not-a-curse-and-probity-in-government-matters-the-australian-media-would-do-well-to-remember-that-169132">ICAC is not a curse, and probity in government matters. The Australian media would do well to remember that</a>
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<p>For the most part, royal commissions conduct their hearings in public and they publish reports that damage the reputations of named individuals. That is an onerous responsibility and mistakes are sometimes made. One could well understand the Australian public taking the view that the risks are too great and royal commissions should not be used in that way.</p>
<p>But we must be consistent. There were few complaints when Frank Costigan <a href="https://catalogue.nla.gov.au/Record/2870892">identified</a> certain painters and dockers and their associates as criminals, or the more recent <a href="https://financialservices.royalcommission.gov.au/Pages/default.html">Hayne royal commission</a> into banking and superannuation named and shamed company executives, shattering their careers. </p>
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<img alt="" src="https://images.theconversation.com/files/424940/original/file-20211006-20-1jq32u2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/424940/original/file-20211006-20-1jq32u2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=399&fit=crop&dpr=1 600w, https://images.theconversation.com/files/424940/original/file-20211006-20-1jq32u2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=399&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/424940/original/file-20211006-20-1jq32u2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=399&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/424940/original/file-20211006-20-1jq32u2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=501&fit=crop&dpr=1 754w, https://images.theconversation.com/files/424940/original/file-20211006-20-1jq32u2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=501&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/424940/original/file-20211006-20-1jq32u2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=501&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Former NSW Premier Nick Greiner established ICAC in 1988. Later, he was one of its targets.</span>
<span class="attribution"><span class="source">Gill Allen/AAP</span></span>
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<p>Given this history, why would politicians and public servants be singled out for different treatment? If there were to be a change to the NSW legislation, there would need to be commensurate change to the legislation governing royal commissions.</p>
<p>Some commentators seem to think the NSW ICAC makes findings of criminal guilt or innocence. Others <a href="https://www.theaustralian.com.au/commentary/gladys-berejiklian-should-have-stepped-downa-year-ago/news-story/44531081a2c3b5eab9c487fb1e97cd58">have claimed</a> the legislation creates an offence of corrupt conduct, with the NSW premier having “breached the ICAC Act”. Neither statement is correct. Nor is the ministerial code of conduct “a regulation that sits under the ICAC Act”. </p>
<p>ICAC is simply a commission of inquiry that investigates and reports. If it encounters potential breaches of the criminal law, it has an obligation to hand those matters over to the director of public prosecutions. But it is primarily charged with delivering a report, as other royal commissions do.</p>
<p>Sections 8 and 9 of the <a href="https://www.icac.nsw.gov.au/about-the-nsw-icac/legislation/the-icac-act">NSW act</a>, which provide the meaning of “corrupt conduct”, were designed to define the scope of its powers. It would be unacceptable for the executive government to provide ICAC with terms of reference on a specific allegation. There used to be an old saying in NSW politics – you don’t establish a royal commission if you don’t already know the answer – reflecting the ability of governments to limit political damage by drafting narrow terms of reference.</p>
<p>Section 8 is very wide – it covers a long list of corruption offences, both statutory and common law. But section 9, as originally framed, limited the scope of ICAC’s powers to matters that were already a criminal offence, a disciplinary offence or reasonable grounds for dismissal. The reason for these limitations was to avoid ICAC becoming a morals tribunal, making up standards of its own, or imposing standards retrospectively after a process of scandalisation had resulted in the emergence of new values.</p>
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<a href="https://theconversation.com/as-a-nsw-premier-falls-and-sa-guts-its-anti-corruption-commission-what-are-the-lessons-for-integrity-bodies-in-australia-168932">As a NSW premier falls and SA guts its anti-corruption commission, what are the lessons for integrity bodies in Australia?</a>
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<p>That changed with the <a href="https://www.icac.nsw.gov.au/about-the-nsw-icac/legislation/history-and-development-of-the-icac-act">addition of</a> section 9d in 1994, following the <a href="https://www.smh.com.au/national/nsw/nsw-corruption-watchdog-has-brought-down-premiers-ministers-and-corrupt-police-20201014-p56521.html">Supreme Court’s decision</a> in the Greiner case. Parliament extended the scope of corrupt conduct, and so ICAC’s powers, to a substantial breach of a ministerial code of conduct. </p>
<p>Ministerial codes are not primarily about restating the criminal law. They are standards designed to ensure collective responsibility prevails for as long as possible, and that ministerial colleagues believe they can trust one another.</p>
<p>This amendment, initiated by the Liberal-National government of the day, substantially changed the role and function of ICAC. It shifted the focus away from criminal breaches of public trust to incorporate much less serious lapses. The result is that a body charged with exposing corruption, bearing a title that announces that it is charged with exposing corruption, is also responsible for investigating lapses in integrity that fall well short of criminality.</p>
<p>This is directly relevant to the current debate over a federal integrity commission. <a href="https://www.helenhaines.org/bills/integrity">Senator Helen Haines’s bill</a> borrows the wording of the relevant section from the NSW Act, although it extends the definition to include “a civil liability”. It’s a strange addition that would give this body powers to investigate matters that have nothing at all to do with integrity. This is guaranteed to result in confusion in the minds of the general public, and some journalists and commentators, who will confuse civil litigation, an unintended conflict of interest or a mere breach of convention with criminality.</p>
<p>There is a need for an ongoing anti-corruption body in NSW, to deal with those public officials like <a href="https://www.smh.com.au/national/eddie-obeid-ian-macdonald-and-moses-obeid-found-guilty-over-rigged-tender-20210718-p58atd.html">Eddie Obeid</a> who flout the law. There is also a need for an integrity commissioner or a committee on standards in public life, utterly distinct from ICAC, to deal with less serious integrity issues, where conventions can be agreed on in a bipartisan way, and grown-up conversations can be had about the ethics that should apply in public life.</p>
<p>Confuse the two and treat all politicians as crooks, and there is the danger that we will end up with less integrity in public office, not more.</p><img src="https://counter.theconversation.com/content/169360/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Gary Sturgess is employed by ANZSOG which is funded by the national and state governments of Australia and New Zealand. He has conducted numerous government inquiries and served on government committees over the years.
He holds the NSW Premier's Chair in Public Service Delivery at ANZSOG, which is funded by the NSW government, but is otherwise independent of government. </span></em></p>The New South Wales ICAC’s remit has changed over the years to investigate more minor breaches by public officials. This can caused confusion and will undermine its effectiveness.Gary Sturgess, Professor of Public Service Delivery, Australia and New Zealand School of Government (ANZSOG)Licensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1692632021-10-05T07:07:49Z2021-10-05T07:07:49ZPolitics with Michelle Grattan: Signs are Scott Morrison wants to avoid Glasgow<p>As well as Michelle Grattan’s usual interviews with experts and politicians about the news of the day, Politics with Michelle Grattan now includes “Word from The Hill”, where all things political will be discussed with members of The Conversations’s politics team.</p>
<p>In this week’s episode, politics + society editor Amanda Dunn and Michelle discuss the dramatic changing of the guard in NSW and the fallout from ICAC’s announcement of its investigation into Gladys Berejiklian for the debate about a federal integrity commission. </p>
<p>They also canvass the increasing signs Scott Morrison is inclined to stay away from the Glasgow climate conference, as he points out Jacinda Ardern is not attending.</p><img src="https://counter.theconversation.com/content/169263/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Michelle Grattan discusses politics with politics + society editor, Amanda DunnMichelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1690932021-10-01T06:41:28Z2021-10-01T06:41:28ZBerejiklian’s downfall derailed a career built on accountability and control. Now, who will replace her?<p>In announcing her intention to resign as NSW premier today, Gladys Berejiklian took the, “<a href="https://www.nsw.gov.au/media-releases/gladys-berejiklian-statement">I have been given no option</a>” option. </p>
<p>Her actions followed confirmation by the NSW Independent Commission Against Corruption (ICAC) that it would continue its public inquiry into whether she engaged in conduct that “<a href="https://www.icac.nsw.gov.au/media-centre/media-releases/2021-media-releases/further-operation-keppel-public-inquiry">constituted or involved a breach of public trust</a>”.</p>
<p>The ICAC investigation relates to Berejiklian’s “personal relationship” with the former Liberal member for Wagga Wagga, Daryl Maguire. </p>
<p>At issue, according to ICAC, is whether she was in a “position of conflict between her public duties and private interests” in the promise or awarding of public funding for projects in Maguire’s electorate.</p>
<p>In her parting statement, Berejiklian was at pains to emphasise she has “always acted with the highest level of integrity”. She described the matters involving the ICAC inquiry as “historic”, noting she has “been the subject of numerous attacks […] by political opponents over the last 12 months.”</p>
<h2>A record of accountability and delivery</h2>
<p>Berejiklian’s statement focused substantially on control, timing and choice. This is significant. </p>
<p>For a decision that has profound implications for a state enduring the most severe public health and socioeconomic events in its history, her deferral of the decision to ICAC’s agenda was notable. </p>
<p>Her hand, she said, was forced. The timing? “Out of [her] control”. The decision? “Against every instinct in [her] being.” The choice? “ICAC’s prerogative”.</p>
<p>The acquiescence of responsibility in resignation is uncharacteristic for a premier who has forged a path defined by clear policy objectives, accountability and delivery. Those traits are largely a matter of public record.</p>
<p>Through her parliamentary career – since being elected in 2003 as the member for the <a href="https://www.elections.nsw.gov.au/District-profiles/Willoughby">northern Sydney electorate of Willoughby</a>, then as the minister for industrial relations and transport, and later as treasurer and premier – Berejiklian has overseen major initiatives. </p>
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<a href="https://theconversation.com/brand-gladys-how-icac-revelations-hurt-berejiklians-school-captain-image-147986">Brand Gladys: how ICAC revelations hurt Berejiklian's 'school captain' image</a>
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<p>Among them were the 2012 implementation of <a href="https://www.smh.com.au/technology/test-of-citys-ticket-to-ride-will-decide-if-opal-is-coalitions-trump-card-20121125-2a1mj.html">electronic transport ticketing</a>, the 2015 return to <a href="https://theconversation.com/nsw-budget-delivers-a-fat-surplus-but-mixed-bag-for-turnbulls-chances-60634">budget surplus</a>, the 2018 <a href="https://www.infrastructure.gov.au/territories-regions-cities/cities/city-deals/western-sydney">Western Sydney City Deal</a> and the 2019 opening of the <a href="https://www.sydneymetro.info/news-article-category/northwest">Sydney Metro Northwest</a>.</p>
<p>Her early management of the COVID-19 pandemic – through rapid contact tracing and agile testing regimes – was seen as further confirmation of her success, with the Australian Financial Review Magazine going so far as to herald her, “<a href="https://www.afr.com/politics/why-critics-don-t-faze-the-premier-who-steered-a-nation-20210413-p57iog">The woman who saved Australia</a>”. </p>
<p>Equally, the premier’s presiding over a <a href="https://www.smh.com.au/national/nsw/what-nsw-will-do-if-australia-loses-its-triplea-credit-rating-20170219-gug7tf.html">AAA credit rating</a> set the state up for a large-scale stimulus response to the pandemic’s economic disruption.</p>
<h2>A catalyst for government expansion</h2>
<p>For the leader of a Liberal-National administration, Berejiklian might be remembered for her championing of some distinctly uncharacteristic ideological approaches. Her “<a href="https://www.nsw.gov.au/premiers-priorities">Premier’s Priorities</a>” set a series of social policy benchmarks for her ministers and departmental heads in areas typically viewed as Labor terrain. </p>
<p>Protecting vulnerable children, reducing domestic violence, preventing street homelessness, and increasing Aboriginal access to education are among key measures where her impact, over the longer term, might be more felt than the headline-grabbing pursuit of hard infrastructure.</p>
<p>Against the Liberal tradition of “small government”, she became a catalyst for its expansion. In her orbit, a plethora of <a href="https://www.nsw.gov.au/department-of-premier-and-cabinet">agencies and statutory bodies</a> arose. With nuanced purpose and specific remits, the last two parliamentary terms alone have ushered in the Greater Sydney Commission, the Western City Aerotropolis Authority, the Western Parkland City Authority, Investment NSW and Resilience NSW, to name a few.</p>
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Read more:
<a href="https://theconversation.com/the-long-history-of-political-corruption-in-nsw-and-the-downfall-of-mps-ministers-and-premiers-147994">The long history of political corruption in NSW — and the downfall of MPs, ministers and premiers</a>
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<p>From an electoral standpoint, Berejiklian has also been a steady hand. Taking the reins from her popular predecessor, Mike Baird, in January 2017, <a href="https://pastvtr.elections.nsw.gov.au/sg1901/Home?_ga=2.108567873.219936948.1633058704-556731579.1632876054">she lost some ground at the March 2019 election</a>. Her party dropped six seats and weathered a 2.3% two-party preferred swing, despite having an impressive budgetary record and infrastructure pipeline. </p>
<p>Since then, Berejiklian’s more recent responses to the pandemic have attracted criticism. Her government was viewed by some critics as <a href="https://www.theguardian.com/australia-news/2021/jul/10/what-went-wrong-how-delta-exposed-the-nsw-approach-to-covid">slow to act</a> in responding to the state’s Delta variant outbreak. On stimulus, NSW was left in the shade by commitments like the <a href="https://www.premier.vic.gov.au/victorias-big-housing-build">$5.3 billion social housing investment</a> made by the Victorian government.</p>
<p>Her admission in late 2020 that <a href="https://www.theguardian.com/australia-news/2020/nov/26/berejiklian-admits-140m-grant-scheme-was-pork-barrelling-as-approval-documents-revealed">pork barrelling is neither “illegal” or “unique to [her] government”</a>, was also a significant misstep with an electorate bruised by perceived inequities in the distribution of public funds. </p>
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<h2>Who might replace Berejiklian?</h2>
<p>Her successor will confront considerable challenges aside from the state’s protracted public health situation. The newly installed Labor leader, Chris Minns, is also <a href="https://www.smh.com.au/politics/nsw/chris-minns-best-path-to-victory-could-be-through-western-sydney-20210606-p57yh4.html">making inroads in critical electoral battlegrounds like western Sydney</a>.</p>
<p>Minns’ focus on engaging with large areas of Sydney’s west impacted by hard lockdowns and economic disruption will be difficult to counter for any incoming Liberal-National premier. The new leader will also need to consolidate a joint-party room destabilised by Berejiklian’s departure.</p>
<p>Who that new premier might be is a matter for conjecture. Treasurer Dominic Perrottet, a conservative faction figure, is viewed by many as a leading contender. He has been a <a href="https://www.news.com.au/national/politics/scott-morrison-used-fbomb-in-row-with-nsw-treasurer-dominic-perrottet-over-covid19-financial-support/news-story/7500b9f6e8e7649dd1ac78418ce5cd03">vocal critic</a> of the federal government’s approach to economic support during the pandemic. </p>
<p>Late last year, he also ventured into commentary on Sydney’s <a href="https://www.smh.com.au/opinion/sirius-building-in-the-rocks-is-as-sexy-as-a-car-park-says-nsw-minister-dominic-perrottet-20160810-gqp31n.html">urban aesthetics</a>. And in the past week announced a <a href="https://www.treasury.nsw.gov.au/news/media-release-perrottet-berejiklian-ayres-new-5-billion-westinvest-fund-rejuvenate-western">$5 billion funding package</a> for western Sydney.</p>
<p>Others in the Coalition have a case for leadership. Rob Stokes, a moderate, has championed a wider view of planning and public space in a portfolio critical to a state contending with rapid urban growth and questions of sustainability. </p>
<p>The firebrand transport minister, Andrew Constance, might rethink his commitment to bow out of state politics and test his leadership credentials with colleagues.</p>
<p>And Stuart Ayres, the moderate faction minister for western Sydney, may also prove compelling to peers who view him as a steady set of hands with deep ties to a key constituency.</p>
<p>For now, though, the ripples of Berejiklian’s announcement still need to play out. </p>
<p>In taking the “no option” option, she has made her own irreconcilable challenges on timing a matter for her colleagues to consider, as well. We’ll know the ramifications of that in coming days. The outgoing premier’s legacy, however, is something that will take much longer to determine.</p>
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Read more:
<a href="https://theconversation.com/as-a-nsw-premier-falls-and-sa-guts-its-anti-corruption-commission-what-are-the-lessons-for-integrity-bodies-in-australia-168932">As a NSW premier falls and SA guts its anti-corruption commission, what are the lessons for integrity bodies in Australia?</a>
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<p class="fine-print"><em><span>Andy Marks does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The lack of responsibility in her resignation was uncharacteristic for a premier known for her clear policy objectives, accountability and delivery.Andy Marks, Pro Vice-Chancellor, Strategy, Government and Alliances, Western Sydney UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1690962021-10-01T06:36:58Z2021-10-01T06:36:58ZStadiums, bushfires and a pandemic: how will Gladys Berejiklian be remembered as premier?<p>Gladys Berejiklian will be remembered as premier of NSW for her resilience, level-headedness, crisis management skills, and administrative competence — and, of course, the <a href="https://theconversation.com/gladys-berejiklian-quits-premiership-amid-icac-inquiry-into-links-with-former-mp-169099">ICAC investigation</a> that toppled her.</p>
<p>Decent, determined and hard-working, she was unflappable in adversity. </p>
<p>Berejiklian leaves a legacy of economic achievement and major infrastructure creation. She achieved a major milestone both personally and for women by being the first female NSW premier to win a general election. </p>
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<a href="https://theconversation.com/berejiklians-downfall-derailed-a-career-built-on-accountability-and-control-now-who-will-replace-her-169093">Berejiklian's downfall derailed a career built on accountability and control. Now, who will replace her?</a>
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<h2>Energetic, effective and politically astute</h2>
<p>Of Armenian descent, Berejiklian began her career in politics working for former Liberal leader Peter Collins. She was prominent in the Liberal moderates faction and was <a href="http://nswyoungliberals.org/yl-to-mp-series">president of the Young Liberals</a>. After a sojourn in banking, she was elected MP for <a href="https://www.abc.net.au/news/elections/nsw/2019/guide/will">Collins’ former seat of Willoughby in 2003.</a> She proved to be an energetic, effective shadow transport minister.</p>
<p>Berejiklian impressed Liberal leader Barry O’Farrell, who became something of a mentor. When O’Farrell became premier in 2011, Berejiklian served in the important transport portfolio. </p>
<p>She was tipped as a possible future premier because of her strong performance. However, when O’Farrell resigned after misleading an ICAC inquiry in April 2014, Mike Baird had the numbers in the party room. Berejiklian, who was personally close to Baird, withdrew from the contest and was elected deputy leader. She was treasurer and industrial relations minister in the Baird government.</p>
<p>Berejiklian’s time came when Baird <a href="https://www.abc.net.au/news/2017-01-19/nsw-premier-mike-baird-announces-retirement/8193362">resigned in January 2017</a> — she was elected Premier unopposed in late January 2017. </p>
<p>Berejiklian’s policy direction was similar to that of her predecessor, with a strong focus on economics, infrastructure and public sector reform. </p>
<p>Also like Baird, Berejiklian was a small “l” liberal on social reform. She had a less outgoing personal style than Baird but succeeded in convincing the voters she was trustworthy, capable and sensitive to their needs. </p>
<p>The premier stabilised the government and showed it still had purpose and dynamism. She showed her political astuteness by quickly dumping the unpopular local government reforms that had been a factor in Baird’s downfall.</p>
<p>The premier survived two rounds of threatening by-elections in April 2017, a sign the anti-government feeling that marked the end of Baird’s term had diminished.</p>
<h2>The serpentine politics of Sydney</h2>
<p>The serpentine politics of Sydney sport and stadiums left Berejiklian wrong-footed at the end of 2017. She announced that both Allianz and Homebush stadiums in Sydney would be simultaneously demolished and rebuilt at an <a href="https://www.smh.com.au/politics/nsw/it-s-not-the-stadiums-it-s-the-shambolic-way-we-have-sold-it-20180316-p4z4o9.html">estimated cost of A$2.5 billion</a>. </p>
<p>It was a major miscalculation that would haunt Berejiklian. Public reaction was overwhelmingly negative, a common theme being that it was a gross misuse of public funds to rebuild two stadiums, one only 17-years-old, instead of financing vital community facilities. The premier backtracked on the demolition of Homebush but much public resentment remained about Allianz.</p>
<p>In her campaign for the March 2019 election, Berejiklian ran largely on the government’s record. </p>
<p>The economy was performing well compared to other states, the public finances were in the best condition they had been in for a long time, and the infrastructure budget for the next four years was close to $90 billion. Labor leader Michael Daley made opposition to the demolishing and rebuilding of Allianz Stadium the spearhead of his campaign. </p>
<p>While not a flashy or magnetic campaigner, Berejiklian stayed “on message” and came across as sincere and conscientious. The result was a triumphant victory for her. The government’s two-party preferred vote was 52% and its primary vote 42% — 9% higher than Labor’s. </p>
<p>The premier had persuaded enough voters that the government had significant achievements to its credit and was better equipped to deliver more in the future.</p>
<h2>Through bushfires and COVID</h2>
<p>The last years of Berejiklian’s term were marked by skilful handling of major crises. Like other parts of Australia, in January 2020, NSW was ravaged by a devastating bushfire season, in which <a href="https://www.news.com.au/technology/environment/incalculable-loss-nsw-bushfire-inquest-to-examine-deaths-of-25-people/news-story/540d5e5e35bd6fe3d2d5194538a7eada">25 lives were lost</a>. </p>
<p>Unlike Prime Minister Scott Morrison, Berejiklian emerged from the bushfire crisis with enhanced prestige. </p>
<p>As political commentator Niki Savva, <a href="https://www.theaustralian.com.au/commentary/scott-morrison-should-follow-gladys-berejiklians-lead/news-story/ae25704efd231937c15b936c78b32d67">writing</a> in The Australian, put it:</p>
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<p>When the fires hit NSW, she made a point of being there, every day, standing next to the fire chief, Shane Fitzsimmons, supporting him and allowing him to do his job. She visited affected communities. Her embraces were accepted. No one refused to shake her hand.</p>
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<p>No sooner had the bushfires ceased than the state was plunged into another crisis with the outbreak of coronavirus. Berejiklian responded in much the same way, this time with Chief Medical Officer, Kerry Chant, by her side. </p>
<p>The second NSW COVID outbreak proved to be more difficult and unpredictable to manage but by the time of her resignation the situation was coming under control. </p>
<p>Although she had been criticised by some for her handling of the crisis, Berejiklian’s calm, competent, communicative approach would seem to have resonated in the electorate.</p>
<h2>ICAC’s Operation Keppel</h2>
<p>ICAC’s Operation Keppel was inquiring into whether former Liberal MP for Wagga Daryl Maguire engaged in conduct that involved a breach of public trust. </p>
<p>Public hearings began in September 2020 and Berejiklian appeared as a witness in October. </p>
<p>In a disclosure that generated a widespread tsunami of shock, it was revealed the premier had been in a “close personal relationship” with Maguire from 2015 which had only recently ended. </p>
<p>Previously, the public persona of Berejiklian, who had never married, was that of a rather prim career woman wedded to her job.</p>
<p>Berejiklian said that she had no intention of quitting as she had done nothing wrong and most voters seemed to be sympathetic. </p>
<p>The general attitude was that she had made a miscalculation in her personal life, a not uncommon phenomenon, and did not deserve to be punished by losing her job. </p>
<p>As reporter Deborah Snow put it, <a href="https://www.smh.com.au/politics/nsw/gladys-berejiklian-holds-her-ground-to-fight-another-week-but-may-not-survive-another-mistake-20201023-p5681u.html">writing</a> in The Sydney Morning Herald, </p>
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<p>there was relief inside the government that the crisis was playing out as a titillating love gone wrong scandal rather than a probity scandal.</p>
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<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1443786871553740801"}"></div></p>
<p>The announcement of an <a href="https://twitter.com/nswicac/status/1443757826707320833">ICAC inquiry</a> into whether the premier had engaged in conduct that involved a “breach of public trust” as a result of her relationship with Maguire has precipitated her resignation. </p>
<p>She could have stepped aside pending the result of the inquiry, but instead has chosen to take the same course as O’Farrell, who decided to do the honourable thing and walk.</p>
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Read more:
<a href="https://theconversation.com/the-long-history-of-political-corruption-in-nsw-and-the-downfall-of-mps-ministers-and-premiers-147994">The long history of political corruption in NSW — and the downfall of MPs, ministers and premiers</a>
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<img src="https://counter.theconversation.com/content/169096/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>David Clune does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Gladys Berejiklian will be remembered as premier of NSW for her resilience, level-headedness, crisis management skills, and administrative competence.David Clune, Honorary Associate, Government and International Relations, University of SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1689322021-10-01T05:22:25Z2021-10-01T05:22:25ZAs a NSW premier falls and SA guts its anti-corruption commission, what are the lessons for integrity bodies in Australia?<p>Are anti-corruption commissions, and their role, set to come under new attack in Australia?</p>
<p>Today, New South Wales Premier Gladys Berejiklian resigned after the Independent Commission Against Corruption (ICAC) announced an <a href="https://www.abc.net.au/news/2021-10-01/icac-investigating-gladys-berejiklian-daryl-maguire/100506956">official investigation</a> into alleged conflicts of interest. This is sure to reignite debate over the scope and powers of such bodies around the country.</p>
<p>The NSW ICAC is celebrated for exposing corruption across politics, including the now-convicted former Labor ministers <a href="https://www.theguardian.com/australia-news/2021/jul/19/former-nsw-labor-ministers-eddie-obeid-and-ian-macdonald-found-guilty-of-corruption-charges">Eddie Obeid and Ian Macdonald</a>. But as the <a href="https://theconversation.com/history-repeats-how-ofarrell-and-greiner-fell-foul-of-icac-25701">third Liberal premier</a> to resign as a result of ICAC scrutiny since 1992, Berejiklian’s demise is almost certain to provoke a backlash.</p>
<p>The news followed the South Australia parliament passing sweeping <a href="https://www.legislation.sa.gov.au/LZ/B/CURRENT/INDEPENDENT%2520COMMISSIONER%2520AGAINST%2520CORRUPTION%2520(CPIPC%2520RECOMMENDATIONS)%2520AMENDMENT%2520BILL%25202021_HON%2520FRANK%2520PANGALLO%2520MLC/C_AS%2520PASSED%2520LC/INDEPENDENT%2520RECOMMENDATIONS%2520AMENDMENT%2520BILL%25202021.UN.PDF">amendments</a> to its own Independent Commission Against Corruption (ICAC) last week, narrowing the scope of its operations and reducing its transparency. </p>
<p>Both events bring sharp focus to the right balance of powers for all such bodies, especially the long-awaited <a href="https://theconversation.com/explainer-what-is-the-proposed-commonwealth-integrity-commission-and-how-would-it-work-140734">federal integrity commission</a>, still in the works over two years after being promised by the Morrison government. </p>
<p>However, South Australia’s reforms in particular point to why a political backlash against these important agencies would be extremely unwise.</p>
<h2>What did South Australia do?</h2>
<p>Far from inspiring public confidence, the South Australian reforms have <a href="https://www.abc.net.au/news/2021-09-24/sa-icac-bill-passing-fuels-debate/100489280">sparked considerable controversy</a>. The changes strip the ICAC of its original powers to investigate not just corruption, but also misconduct and maladministration.</p>
<p>Commissioner Ann Vanstone <a href="https://www.abc.net.au/news/2021-09-23/sa-icac-bill-passes-parliament/100487668">has said</a> the amendments “decimated” her powers to investigate corruption. A further suite of changes jeopardises her ability to even <a href="https://www.icac.sa.gov.au/public-statement/investigation-update/ICAC-Public-Statement-29-September-2021.pdf">report publicly</a> on the progress or outcome of investigations. </p>
<p><a href="https://indaily.com.au/opinion/2021/09/30/exactly-how-sas-politicians-have-protected-themselves-from-icac/">Some have said</a> the changes are largely an exercise in self-protection by the state’s parliamentarians. The lightning speed with which SA’s parliament passed the laws only reinforces the public suspicion.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1441178490464714755"}"></div></p>
<p>It is more worrisome than what happened in NSW in 2016, when the parliament <a href="https://www.abc.net.au/news/2016-11-23/icac-commissioner-megan-latham-resigns/8050004">restructured</a> that state’s ICAC to add more commissioners and a full-time CEO, seriously altering Commissioner Megan Latham’s role. Latham resigned, returning to her seat on the NSW Supreme Court.</p>
<p>Some elements of South Australia’s reforms make arguable sense, such as giving the primary power over investigating maladministration back to the ombudsman. This role should never have been confusingly duplicated in the ICAC in the first place.</p>
<p>The challenge, however, is whether the ombudsman is up for the type of rigorous inquiries into government failures the ICAC excelled at. This includes being willing to sheet responsibility home to ministers and governments where necessary, not simply examine bureaucratic performance.</p>
<p>Former ICAC Commissioner Bruce Lander’s inquiries into <a href="https://www.icac.sa.gov.au/__data/assets/pdf_file/0005/370724/ICAC_Report_Sale_Gillman.pdf">dealings for the sale of government-owned land</a> and <a href="https://www.icac.sa.gov.au/__data/assets/pdf_file/0008/370727/ICAC_Report_Oakden.pdf">major problems in state-run aged care</a> set a new standard of transparency and public accountability for the state. </p>
<p>But a far bigger problem is shifting the power to examine official misconduct to the ombudsman, which is a poor fit for that office. It also strips the ICAC of a large part of its proper function.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/the-sports-rorts-affair-shows-the-need-for-a-proper-federal-icac-with-teeth-122800">The 'sports rorts' affair shows the need for a proper federal ICAC – with teeth</a>
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<h2>A flawed fix to a flawed body</h2>
<p>Many defects in the original SA model have been amplified by the reforms, sounding warnings for other states and the proposed national body. </p>
<p>Limiting the ICAC purely to investigating criminal corruption leaves it unable to lift the lid on many forms of non-criminal misconduct. This includes conflicts of interest, which are the slippery slope to more serious corruption taking hold.</p>
<p>With inquiries into <a href="https://www.abc.net.au/news/2021-09-29/icac-refers-mps-to-dpp/100500392">allegations of serious parliamentary misconduct</a> still outstanding, and a recent rise in <a href="https://www.icac.sa.gov.au/__data/assets/pdf_file/0010/362926/ICAC_OPI_Annual_Report_2019-2020.pdf">reported police complaints</a> in the state, the ICAC’s ability to ensure misconduct does not grow into systemic corruption has become crucial.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1441150793856389125"}"></div></p>
<p>The best state models allow their anti-corruption bodies to examine allegations of serious or high-risk misconduct, alongside provable criminal offences - as in NSW. This power is key to actively preventing corruption in the first place. </p>
<p>Queensland’s Crime and Corruption Commission is another example of a state model that works this way. And even though Victoria’s Independent Broad-based Anti-Corruption Commission focuses on criminal acts, it has the benefit of a broad, common law “misconduct in public office” offence at its disposal.</p>
<p>The SA ICAC has also been the most secretive in the country. This is because it was modelled on federal crime commission legislation, not other states’ ICAC models. As such, it was never able to hold any public hearings. The recent amendments only make this secrecy worse.</p>
<p>As the recent Transparency International/Griffith University report on <a href="https://transparency.org.au/a-strong-federal-integrity-commission/">Australia’s national integrity system</a> shows, safeguards are always needed, and there is always a balance to be struck in determining when anti-corruption bodies should use their public hearing powers — similar to royal commissions or coronial inquiries.</p>
<p>But there is no question, such powers are needed. And South Australia has none.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/brand-gladys-how-icac-revelations-hurt-berejiklians-school-captain-image-147986">Brand Gladys: how ICAC revelations hurt Berejiklian's 'school captain' image</a>
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<h2>Lessons for the rest of Australia</h2>
<p>South Australia has given a big signal to other Australian jurisdictions on what <em>not</em> to do, especially for the proposed federal integrity commission. Even at times of crisis and political pressure.</p>
<p>Recent proposals for the federal body have raised <a href="https://www.smh.com.au/politics/federal/commonwealth-integrity-commission-has-serious-deficiencies-judges-police-and-lawyers-20210525-p57uvw.html">similar concerns</a> about too little transparency and too narrow a focus on the rare and high threshold of criminal offences, at the expense of “grey area” misconduct.</p>
<p>In the real world, there are no bright lines between criminal corruption and serious misconduct.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/as-the-government-drags-its-heels-a-better-model-for-a-federal-integrity-commission-has-emerged-148796">As the government drags its heels, a better model for a federal integrity commission has emerged</a>
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<p>The federal purchase of land at Leppington for the Western Sydney airport has raised questions of both. While the <a href="https://www.theguardian.com/australia-news/2021/sep/29/no-evidence-of-criminal-conduct-in-30m-purchase-of-land-near-western-sydney-airport-afp-finds">Australian Federal Police</a> has found no provable criminality in this controversial deal, the lack of an independent body to fully investigate and prevent recurrence of the non-criminal failures involved leaves ongoing, wider risks of corruption unaddressed.</p>
<p>The SA experience is also a reminder that while anti-corruption agencies might be initially popular, they can quickly end up with few powerful friends or admirers.</p>
<p>The uncomfortable truth is politicians, like many others in public service, are prone to cognitive dissonance. They know public integrity is a desirable goal, but become acutely sensitive to their own vulnerabilities when anti-corruption bodies are implemented.</p>
<p>The lessons here are clear: a best-practice federal integrity commission should look nothing like the South Australian model, and not be set back by the latest developments in NSW. </p>
<p>There can be no public confidence in a body aimed at rooting out corruption if its work is done behind closed doors, and with one hand tied behind its back.</p><img src="https://counter.theconversation.com/content/168932/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>A J Brown has received funding from the Australian Research Council, all of Australia's Ombudsman offices, most of Australia's anti-corruption agencies, various other Commonwealth and State regulatory agencies and the Victorian Parliament for his past research on integrity systems relevant to this article. He is also a boardmember of Transparency International Australia. </span></em></p><p class="fine-print"><em><span>Andrew Goldsmith does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>South Australia has shown other Australian jurisdictions what not to do with their anti-corruption bodies, especially the proposed federal integrity commission.Andrew Goldsmith, Strategic Professor of Criminology, Flinders UniversityA J Brown, Professor of Public Policy & Law, Centre for Governance & Public Policy, Griffith UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1690992021-10-01T04:08:47Z2021-10-01T04:08:47ZGladys Berejiklian quits premiership amid ICAC inquiry into links with former MP<p>Gladys Berejiklian has resigned as NSW premier after the Independent Commission Against Corruption (ICAC) announced it is investigating whether she breached “public trust” arising from a potential conflict of interest involving her personal relationship with disgraced former state MP Daryl Maguire.</p>
<p>Berejiklian, premier since 2017, told a news conference: “Resigning at this time is against every instinct in my being and something which I do not want to do.</p>
<p>"I love my job, and serving the community, but I have been given no option following the statement issued [by ICAC].” </p>
<p>She said standing aside wasn’t an option for her because the NSW people “need certainty as to who their leader is during these challenging times of the pandemic”.</p>
<p>“To continue as premier would disrupt the state government during a time when our entire attention should be focused on the challenges confronting New South Wales. I do not want to be a distraction from what should be the focus of the state government during this pandemic, which is the wellbeing of our citizens.”</p>
<p>She will also resign from state parliament.</p>
<p>Her shock resignation comes at a critical point in the state’s COVID crisis as it prepares to come out of lockdown, which is set to trigger increased cases and hospitalisations.</p>
<p>Scott Morrison has regarded Berejiklian as his closest ally among the premiers, notably because she favoured where possible keeping things open.</p>
<p>Morrison told a news conference she was a “dear friend”. He had always found her “a person of the highest integrity”.</p>
<p>ICAC is investigating her conduct between 2012 and 2018. It is looking at funding given to the Australian Clay Target Association and funding promised or awarded to the Riverina Conservatorium of Music in Wagga Wagga. </p>
<p>It is also investigating whether her conduct “was liable to allow or encourage” corrupt conduct by Maguire, who held the seat of Wagga Wagga between 1999 and 2018.</p>
<p>Berejiklian declared her innocence. “I state categorically, I have always acted with the highest level of integrity. History will demonstrate that I have always executed my duties with the highest degree of integrity for the benefit of the people of NSW.”</p>
<p>Berejiklian’s future was put in question when last year she gave evidence to ICAC about her close personal relationship with Maguire. During the hearing, damaging phone taps of calls between her and Maguire were played.</p>
<p>State treasurer Dominic Perrottet is considered the front-runner to replace her.</p>
<p>Berejiklian is the third Liberal premier to be claimed by ICAC – the others were Nick Greiner and Barry O'Farrell.</p><img src="https://counter.theconversation.com/content/169099/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Berejiklian said standing aside wasn’t an option for her because the NSW people ‘need certainty’ during the pandemic.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1491712020-11-04T01:35:44Z2020-11-04T01:35:44ZFederal parliament just weakened political donations laws while you weren’t watching<figure><img src="https://images.theconversation.com/files/367347/original/file-20201103-19-e27hhz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Lukas Coch/AAP</span></span></figcaption></figure><p>While Australians were distracted last week by Melbourne’s lockdown ending and the final days of the <a href="https://theconversation.com/three-peat-palaszczuk-why-queenslanders-swung-behind-labor-in-historic-election-149076">Queensland</a> and <a href="https://theconversation.com/election-day-is-finally-here-in-the-us-heres-what-to-expect-148998">United States elections</a>, both major parties joined forces in federal parliament to weaken political donations laws.</p>
<p>This will make it easier for federal politicians to accept secret donations from property developers.</p>
<h2>What’s the backstory?</h2>
<p>In 2019, the High Court <a href="http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2019/15.html">upheld</a> Queensland laws <a href="https://www.ecq.qld.gov.au/donations-and-gift-disclosure/prohibited-donors-scheme">banning property developers</a> from making donations to political parties. The ban was introduced by the Palaszczuk government after a <a href="https://www.brisbanetimes.com.au/politics/queensland/property-developer-donation-ban-to-take-effect-from-today-20171012-p4ywfr.html">recommendation</a> by the state’s Crime and Corruption Commission.</p>
<p>The Queensland ban applies to donations made to state and local political campaigns as well as general donations to political parties. A general donation might be used for federal, state or local political purposes or for the costs of running a party.</p>
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Read more:
<a href="https://theconversation.com/fundraising-questions-have-interrupted-the-queensland-lnps-election-campaign-what-does-the-law-say-147992">Fundraising questions have interrupted the Queensland LNP's election campaign. What does the law say?</a>
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<p>At the same time, the High Court also struck down a <a href="https://www.theguardian.com/australia-news/2019/apr/17/high-court-closes-loophole-that-would-have-allowed-developer-donations-in-federal-election">2018 federal law</a> that said property developers could ignore state laws banning them from making general donations to political parties. (Yes — federal parliament really did pass a law <a href="https://www.theguardian.com/australia-news/2018/oct/15/bipartisan-push-to-ban-foreign-political-donations-now-at-risk">overriding state anti-corruption</a>powers!). The High Court said federal parliament has no power to regulate political donations that merely “might be” used for federal campaigns. </p>
<p>Property developers are also banned from making political donations in <a href="https://www.elections.nsw.gov.au/Funding-and-disclosure/Political-donations/Unlawful-political-donations/Prohibited-donors">New South Wales</a> and the <a href="https://www.cmtedd.act.gov.au/open_government/inform/act_government_media_releases/gordon-ramsay-mla-media-releases/2020/property-developer-donations-to-political-parties-banned-in-the-act">ACT</a>.</p>
<h2>Allowing secret donations from dodgy donors</h2>
<p>The <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1260">legislation</a> passed last week overrides state bans on property developer donations in two ways.</p>
<p>First, the legislation introduces a new provision to replace the 2018 federal law struck down by the High Court. This new provision allows property developers (and others banned from making donations under state laws) to ignore state laws banning them from making political donation where the donation is “for federal purposes”. </p>
<figure class="align-center ">
<img alt="High Court, with Parliament House in background." src="https://images.theconversation.com/files/367348/original/file-20201103-19-1vteh5r.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/367348/original/file-20201103-19-1vteh5r.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/367348/original/file-20201103-19-1vteh5r.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/367348/original/file-20201103-19-1vteh5r.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/367348/original/file-20201103-19-1vteh5r.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/367348/original/file-20201103-19-1vteh5r.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/367348/original/file-20201103-19-1vteh5r.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">The High Court struck down a federal law on donations in 2019.</span>
<span class="attribution"><span class="source">Lukas Coch/AAP</span></span>
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<p>Second, the legislation allows property developers and political parties to ignore state laws requiring that donations be disclosed. In NSW and Queensland, donations of <a href="https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1819/Quick_Guides/ElectionFundingStates">$1,000 or more</a> need to be disclosed. Under the new federal law, only donations of <a href="https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm">$14,300 or more</a> made by property developers “for federal purposes” need to be disclosed. </p>
<p>The explanation given for the new laws is that state laws shouldn’t apply to federal donations.</p>
<p>According to Finance Minister Mathias Cormann, the new laws “better clarify” the interaction between federal and state electoral laws.</p>
<blockquote>
<p>The revised provisions ensure that federal law only applies exclusively to donations that are expressly for federal purposes, while fully respecting the application of state laws to amounts used for state purposes. </p>
</blockquote>
<p>Labor’s Don Farrell, who is shadow Special Minister of State, told the Senate,</p>
<blockquote>
<p>it’s not Labor’s intention in any way to weaken any of those provisions already in place in the states, but the Commonwealth parliament should be able to make laws with respect to Commonwealth elections, and those laws should not be overridden by the states.</p>
</blockquote>
<h2>Why this is bad for integrity</h2>
<p>If you are a property developer wanting to curry favour with the NSW Labor Party or the Queensland Liberal National Party, you are now allowed to make a donation of $14,299 and no one will ever know. All you need to do is tell the party the money is “for federal purposes”. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1321631222284496896"}"></div></p>
<p>While the law requires parties to keep money donated “for federal purposes” in separate bank accounts, a donation “for federal purposes” frees up money from other, general donations to be used for state purposes.</p>
<p>The <a href="https://www.theguardian.com/commentisfree/2020/oct/30/its-not-that-theres-no-time-for-a-federal-icac-theres-simply-no-will">Greens</a> and independent MPs <a href="https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansardr%2F401a8e85-65d0-4704-8cfc-ef351b7cb8b6%2F0020%22">lined up to criticise</a> the new law.
As member for Indi, Helen Haines told parliament </p>
<blockquote>
<p>this bill locks in the status quo when it comes to the current political donations culture at the federal level.</p>
</blockquote>
<p>Meanwhile, Tasmanian lower house MP Andrew Wilkie <a href="https://twitter.com/WilkieMP/status/1321631222284496896">described</a> the law as allowing “brazen money laundering”. Senator Jacqui Lambie <a href="https://www.lambienetwork.com.au/hidepoliticaldonations">said</a> the law was “a doozy” of a way “to hide big donor money from the voters” and “the latest in a long line of betrayals of the public’s trust”.</p>
<h2>Federal integrity laws are too weak</h2>
<p>Federal parliament had an opportunity to introduce better federal political transparency measures. They could have <a href="https://www.canberratimes.com.au/story/6773405/proposal-to-lower-donations-disclosure-cap-rejected/">lowered</a> the federal donations disclosure threshold so the public knows where federal politicians get their money. They could have introduced <a href="https://thenewdaily.com.au/news/national/2019/09/16/mps-donation-disclosure/">real-time reporting</a> of donations so the public doesn’t have to wait until after each election to find out the identities of the biggest donors. </p>
<p>Labor has <a href="https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansards%2Ff66ddb49-e0bd-4a17-a197-4a5d525d0d0c%2F0020%22">introduced bills</a> on both these measures. Instead of dealing with those, both major parties took the time and effort to override state anti-corruption laws.</p>
<p>To add icing on top, the Morrison government has now released a draft bill for a <a href="https://theconversation.com/explainer-what-is-the-proposed-commonwealth-integrity-commission-and-how-would-it-work-140734">federal integrity commission</a> with proposed powers so much weaker than existing state anti-corruption commissions that a former judge called it a “<a href="https://www.theage.com.au/politics/federal/draft-law-brings-national-corruption-watchdog-a-step-closer-20201102-p56arh.html">feather duster</a>”.</p>
<p>Australians deserve much better than this.</p>
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<strong>
Read more:
<a href="https://theconversation.com/explainer-what-is-the-proposed-commonwealth-integrity-commission-and-how-would-it-work-140734">Explainer: what is the proposed Commonwealth Integrity Commission and how would it work?</a>
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<img src="https://counter.theconversation.com/content/149171/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Luke Beck is a member of the Australian Labor Party.</span></em></p>Last week, the Coalition and Labor passed laws that make it easier for property developers to make political donations.Luke Beck, Associate Professor of Constitutional Law, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1407342020-11-02T06:40:55Z2020-11-02T06:40:55ZExplainer: what is the proposed Commonwealth Integrity Commission and how would it work?<p>Australia has come a significant step closer to forming a federal anti-corruption agency, when federal Attorney-General Christian Porter released <a href="https://www.attorneygeneral.gov.au/media/media-releases/release-commonwealth-integrity-commission-consultation-draft-2-november-2020">draft legislation</a> designed to set up a Commonwealth Integrity Commission (CIC).</p>
<p>It is promising, but has big problems. Fortunately, the <a href="https://www.smh.com.au/politics/federal/push-for-national-integrity-commission-to-restart-after-somyurek-fall-20200616-p5534m.html">attorney-general has signalled</a> key elements of the proposal are still up for negotiation in parliament. A <a href="https://www.attorneygeneral.gov.au/media/media-releases/release-commonwealth-integrity-commission-consultation-draft-2-november-2020">consultation period</a> will run from November 2020 to March 2021 to allow time for feedback on the draft legislation. </p>
<p>The bill puts detail on an anti-corruption model for which the federal government has already been heavily <a href="https://theconversation.com/why-the-federal-governments-new-integrity-commission-isnt-up-to-the-job-110441">criticised</a> since it was <a href="https://theconversation.com/the-proposed-national-integrity-commission-is-a-watered-down-version-of-a-federal-icac-108753">first</a> released in December 2018.</p>
<p>But with the political consensus behind a federal agency now spread across all parties, and into a government bill, it’s a historic step towards a genuine strengthening of Australia’s integrity system in 2021 — if or when the Morrison government amends its bill to overcome the problems.</p>
<p>Three issues — resources, scope and powers — will determine if the new Commonwealth Integrity Commission can help restore flagging trust in Australia’s ability to deal with corruption.</p>
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Read more:
<a href="https://theconversation.com/as-the-government-drags-its-heels-a-better-model-for-a-federal-integrity-commission-has-emerged-148796">As the government drags its heels, a better model for a federal integrity commission has emerged</a>
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<h2>Resources: where the CIC proposal is on its strongest ground</h2>
<p>In the 15 years since Transparency International Australia first <a href="https://transparency.org.au/national-integrity-commission/">recommended a national anti-corruption agency</a>, funding has been central to the discussion. A poorly-resourced Commonwealth Integrity Commission cannot be effective.</p>
<p>This is where the proposal is on its strongest ground. Porter’s <a href="https://www.attorneygeneral.gov.au/media/media-releases/release-commonwealth-integrity-commission-consultation-draft-2-november-2020">announcement</a> confirmed A$106.7 million in new funding over four years. That’s on top of the $40.7 million already spent on the ACLEI (Australian Commission for Law Enforcement Integrity), to be absorbed by the CIC.</p>
<p>This means an agency with an annual budget of $42 million when fully operational.</p>
<p>That’s not enough to fix all the gaps in our creaking accountability framework, as shown in my research team’s soon-to-be-finalised <a href="https://www.griffith.edu.au/__data/assets/pdf_file/0028/726247/Governing-for-Integrity-Australia-2nd-NIS-Assessment-DRAFT-REPORT-April2019.pdf">national integrity system assessment</a> of Australia. But it’s over double what the Australian Labor Party originally estimated.</p>
<p>It finally moves ACLEI well beyond the minuscule budget and narrow remit it had when it was founded in 2006, after the Howard government first <a href="https://www.abc.net.au/worldtoday/content/2004/s1133017.htm">promised</a> to create what many hoped would be an independent national anti-corruption body.</p>
<p>With corruption risks rising in the <a href="https://transparency.org.au/accountable-government/covid-19-response">post-COVID world</a>, we are at least slowly going in the right direction — and that’s important.</p>
<h2>Scope: the first big shortcoming</h2>
<p>As it is proposed, the CIC’s <a href="https://www.attorneygeneral.gov.au/media/media-releases/release-commonwealth-integrity-commission-consultation-draft-2-november-2020">full Royal Commission powers</a> would only extend to about <a href="https://www.griffith.edu.au/__data/assets/pdf_file/0028/726247/Governing-for-Integrity-Australia-2nd-NIS-Assessment-DRAFT-REPORT-April2019.pdf">20% of the federal public sector</a>.</p>
<p>More agencies will be covered by ACLEI’s powers from January 1 2021, as its jurisdiction expands to cover four new law enforcement and regulatory bodies, including ASIC and the ATO. But for 80% of the federal government, including politicians, the CIC’s strong powers can only be exercised in private, and only where there is a reasonable suspicion of a criminal offence.</p>
<p>So the powers may be strong — including compelling people to give sworn evidence at private hearings, search and seizure of property (under warrant), and tapping phones. But there will be little or no jurisdiction to get to the bottom of “grey area” corruption like undisclosed conflicts of interest, unless a criminal offence like fraud, theft or bribery is already obvious.</p>
<p>The scope is also narrow because, while federal agency heads must report suspected corruption offences, this is only if they meet the same threshold. </p>
<p>If a public service whistleblower approaches the new commission directly, with reasonable suspicions of corruption breaches but no actual evidence of an offence, they would have to be turned away.</p>
<p>Indeed, under clause 70 of the bill, they could risk prosecution for making an unwarranted allegation. This is a draconian idea that defies the purpose of federal whistleblowing legislation.</p>
<h2>Public hearing powers: a worry</h2>
<p>The inability of the CIC to use public hearings for 80% of the federal government is the feature that would likely make many Australians most worried.</p>
<p>How this problem is fixed in the final bill will be the key to securing a strong agency with a wider, pro-integrity remit.</p>
<p>It’s a worry for the government because in Australia, and overseas, the problem of strong anti-corruption powers being used as a weapon against political opponents is real. There is little value in integrity bodies that become costly political weapons, damaging more than restoring public trust.</p>
<p>Coalition MPs are especially fearful of the way the NSW Independent Commission Against Corruption (ICAC) has used public hearings in the past - such as its ambush of NSW <a href="http://www.news.com.au/finance/work/leaders/former-nsw-premier-barry-ofarrell-cleared-of-any-wrongdoing-in-icac-report/news-story/47241d2d611119338d6ce0d177371028">Premier Barry O’Farrell</a> in 2015, prompting his resignation despite the commission’s conclusion he had “no intention […] to mislead”.</p>
<p>The next steps will need to include other solutions to this problem, ensuring public hearing powers can be used when needed, and not when it’s unnecessary.</p>
<p>If this can be achieved, along with other improvements based on public feedback, there is a real chance of the Commonwealth Integrity Commission standing the test of time. </p>
<p>And that would mean, after 15 long years, an enduring, independent agency supported by all sides of politics – not one undermined by partisan criticism or allegations of ineffectiveness.</p>
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<strong>
Read more:
<a href="https://theconversation.com/from-richard-boyle-and-witness-k-to-media-raids-its-time-whistleblowers-had-better-protection-121555">From Richard Boyle and Witness K to media raids: it’s time whistleblowers had better protection</a>
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<img src="https://counter.theconversation.com/content/140734/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>A J Brown is Professor of Public Policy and Law at Griffith University, and receives funding from the Australian Research Council, Queensland Crime & Corruption Commission, NSW Ombudsman and other agencies as project leader of Australia's National Integrity System Assessment. He is a board member of Transparency International Australia, and Transparency International globally. </span></em></p>Australia is a step closer to finally having a federal anti-corruption agency. Attorney-General Christian Porter has released draft legislation designed to set up a Commonwealth Integrity Commission.A J Brown, Professor of Public Policy & Law, Centre for Governance & Public Policy, Griffith UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1487962020-10-26T05:08:06Z2020-10-26T05:08:06ZAs the government drags its heels, a better model for a federal integrity commission has emerged<figure><img src="https://images.theconversation.com/files/365434/original/file-20201026-19-f7chk0.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Mick Tsikas/AAP</span></span></figcaption></figure><p>Independent MP Helen Haines has just introduced a <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6597">bill</a> into parliament that seeks to establish a robust new federal integrity commission. </p>
<p>This is a consensus bill that involved consultation with legal academics, panels of retired judges, civil society stakeholders, ethicists and MPs. </p>
<p>Without the government’s support, it is unlikely to pass. But it is a move designed to force the government’s hand. </p>
<p>Although the government has agreed to establish a <a href="https://theconversation.com/governments-commonwealth-integrity-commission-will-not-stamp-out-public-sector-corruption-heres-why-127502">Commonwealth Integrity Commission</a>, it has been dragging its heels on the issue. An exposure draft of the government’s CIC bill was sent to the attorney-general in December, but it has <a href="https://www.tai.org.au/sites/default/files/Commonwealth%20Integrity%20Commission%20timeline%20%5BWeb%5D.pdf">yet to be publicly released</a>. </p>
<p>The government has said the bill’s release was <a href="https://www.theguardian.com/australia-news/2020/may/22/federal-integrity-commission-delayed-again-amid-warnings-of-coronavirus-response-corruption-risk">delayed</a> due to the immediate priority of responding to the pandemic.</p>
<p>However, the need for a federal integrity commission is just as important as ever, with the government now plagued by multiple scandals involving the misuse of federal funds, such as the <a href="https://www.theguardian.com/australia-news/2020/oct/19/senator-i-agree-30m-western-sydney-airport-land-deal-looks-like-a-cover-up-says-infrastructure-chief">Western Sydney airport deal</a>, the <a href="https://www.abc.net.au/news/2020-10-23/investigation-asic-launched-chair-james-shipton-stepping-aside/12807278">ASIC chair’s tax advice bill</a>, the <a href="https://www.theguardian.com/australia-news/2019/oct/31/not-a-drop-of-water-after-government-spends-80m-on-rights-from-agribusiness">Angus Taylor water buyback scheme</a> and the <a href="https://theconversation.com/the-sports-rorts-affair-shows-the-need-for-a-proper-federal-icac-with-teeth-122800">“sports rorts” affair</a>.</p>
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<img alt="" src="https://images.theconversation.com/files/365450/original/file-20201026-21-1674jq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/365450/original/file-20201026-21-1674jq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/365450/original/file-20201026-21-1674jq.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/365450/original/file-20201026-21-1674jq.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/365450/original/file-20201026-21-1674jq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/365450/original/file-20201026-21-1674jq.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/365450/original/file-20201026-21-1674jq.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Bridget McKenzie was forced to resign after the sports rorts affair.</span>
<span class="attribution"><span class="source">Mick Tsikas/AAP</span></span>
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<p>A strong — and independent — integrity commission would be able to investigate such issues thoroughly. It shouldn’t be left to the government to monitor itself any longer.</p>
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<em>
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Read more:
<a href="https://theconversation.com/governments-commonwealth-integrity-commission-will-not-stamp-out-public-sector-corruption-heres-why-127502">Government's Commonwealth Integrity Commission will not stamp out public sector corruption — here’s why</a>
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<h2>What makes this proposal worth considering</h2>
<p>Overall, the bill proposes a robust commission with strong powers, coupled with checks and balances to ensure it does not abuse its powers.</p>
<p>Perhaps most significantly, the proposed integrity commission would have the power to conduct public hearings if it believes it’s in the public interest, balancing the seriousness of allegations with any unfair prejudice to a person’s reputation or unfair exposure of a person’s private life. </p>
<p>This is a proportionate model that enhances public trust through public hearings, but also takes into account legitimate concerns about damage to an individual’s reputation. </p>
<p>By contrast, the government’s proposed CIC would not have the power to conduct public hearings. </p>
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<img alt="" src="https://images.theconversation.com/files/365452/original/file-20201026-17-4pnj5d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/365452/original/file-20201026-17-4pnj5d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/365452/original/file-20201026-17-4pnj5d.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/365452/original/file-20201026-17-4pnj5d.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/365452/original/file-20201026-17-4pnj5d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/365452/original/file-20201026-17-4pnj5d.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/365452/original/file-20201026-17-4pnj5d.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">The AFP is investigating possible criminal offences linked to the $30 million land deal for the new Sydney airport.</span>
<span class="attribution"><span class="source">Mick Tsikas/AAP</span></span>
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<p>Haines’s proposed commission would also have the power to make findings of fact and recommendations in a public report. It could refer matters involving criminality to law enforcement authorities. </p>
<p>The commissioner would be a statutory office holder who is independent of government. He or she would be supported by several assistant commissioners to allow for internal checks and balances. </p>
<p>And the body would include a whistleblower protection commissioner, which is particularly necessary given how <a href="https://theconversation.com/from-richard-boyle-and-witness-k-to-media-raids-its-time-whistleblowers-had-better-protection-121555">weak</a> Australia’s
whistleblower laws are considered to be.</p>
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Read more:
<a href="https://theconversation.com/from-richard-boyle-and-witness-k-to-media-raids-its-time-whistleblowers-had-better-protection-121555">From Richard Boyle and Witness K to media raids: it’s time whistleblowers had better protection</a>
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<p>Importantly, the bill would provide for external accountability mechanisms to “watch the watchdog” via parliament and the courts. </p>
<p>Specifically, there would be oversight by a parliamentary joint committee to ensure the body’s compliance with the law, due process and other standards. Its decisions would also be subject to judicial review.</p>
<p>The commission’s funding would need approval by the joint parliamentary committee, as well, which provides some financial protection. This is important as the NSW Independent Commission Against Corruption (ICAC) has had its <a href="https://www.theguardian.com/australia-news/2020/oct/20/icacs-independence-threatened-under-nsw-funding-model">budget severely cut</a> following its explosive revelations of corruption in government. </p>
<p>Haines’ bill also proposes a corruption prevention program for the Commonwealth public sector. This is a positive, pro-integrity function that monitors major corruption risks across all sectors.</p>
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<img alt="" src="https://images.theconversation.com/files/365453/original/file-20201026-19-5guhmu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/365453/original/file-20201026-19-5guhmu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=336&fit=crop&dpr=1 600w, https://images.theconversation.com/files/365453/original/file-20201026-19-5guhmu.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=336&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/365453/original/file-20201026-19-5guhmu.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=336&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/365453/original/file-20201026-19-5guhmu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=423&fit=crop&dpr=1 754w, https://images.theconversation.com/files/365453/original/file-20201026-19-5guhmu.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=423&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/365453/original/file-20201026-19-5guhmu.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=423&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">The NSW ICAC is currently investigating former MP Daryl Maguire’s alleged misuse of public office for personal gain.</span>
<span class="attribution"><span class="source">ICAC handout</span></span>
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<h2>Why the government’s model has been criticised</h2>
<p>The government’s CIC model is a <a href="https://theconversation.com/the-proposed-national-integrity-commission-is-a-watered-down-version-of-a-federal-icac-108753">watered-down version</a> of Haines’s proposed body. It has been criticised for a few reasons. </p>
<p>The first is that it would fail to achieve its main aim of exposing corruption in the public sector.</p>
<p>The bar for investigation is too high, requiring a reasonable suspicion of corruption amounting to a criminal offence before an inquiry can even begin. This is a difficult hurdle to clear. </p>
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<img alt="" src="https://images.theconversation.com/files/365455/original/file-20201026-23-xgz5bz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/365455/original/file-20201026-23-xgz5bz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/365455/original/file-20201026-23-xgz5bz.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/365455/original/file-20201026-23-xgz5bz.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/365455/original/file-20201026-23-xgz5bz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/365455/original/file-20201026-23-xgz5bz.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/365455/original/file-20201026-23-xgz5bz.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">The Morrison government has been criticised for postponing its proposed integrity commission.</span>
<span class="attribution"><span class="source">Mick Tsikas/AAP</span></span>
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<p>Lessons from the state anti-corruption commissions show evidence of corruption is typically unveiled through investigations themselves (based on credible allegations), rather than before an investigation begins.</p>
<p>Another major criticism is the proposed CIC will not have the power to hold public hearings. </p>
<p>Public hearings ensure proceedings are not cloaked in secrecy. They also increase public trust. Widespread corruption has been uncovered through such hearings in the past, such as the <a href="https://www.ccc.qld.gov.au/about-us/our-history/fitzgerald-inquiry">Fitzgerald inquiry</a> in the 1980s into corruption in the Queensland police force. This led to the resignations and imprisonments of various former ministers and officials. </p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/grattan-on-friday-morrisons-promised-integrity-commission-cant-hide-behind-covid-much-longer-can-it-148636">Grattan on Friday: Morrison's promised integrity commission can't hide behind COVID much longer – can it?</a>
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<h2>The time to act is now</h2>
<p>All states now have an anti-corruption commission and the federal government is lagging behind.</p>
<p>A bill is now before parliament that puts forward a strong, yet proportionate, vision for an integrity commission with robust powers and both internal and external accountability mechanisms. </p>
<p>It has been developed through a strong consultative process with legal experts, academics and civil society. </p>
<p>In short, it is a better model than what the government has proposed. It is now time for the government to move forward to promote political integrity — without any further delay.</p><img src="https://counter.theconversation.com/content/148796/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Yee-Fui Ng has received funding from the New South Wales Independent Commission Against Corruption for a commissioned project on lobbying regulation.</span></em></p>Independent MP Helen Haines’s bill will likely not pass without the government’s support, but it proposes a robust body with suitable accountability mechanisms. It’s worth serious consideration.Yee-Fui Ng, Senior Lecturer, Faculty of Law, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.