Posted on 2 November 2020 by Lyn Allison
The Attorney-General finally released the exposure draft of its CIC Bill. It is certainly a milestone but the Commission’s powers are very limited. MPs and some Federal agencies are more ‘protected’ than others. The $106 million over four years is a good deal less than the $40 million/year given to Victoria’s IBAC.
At a glance, this CIC:
Would this bill allow the Commission to investigate sports rorts or lying to the public for political advantage? It would seem not.
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.
The scope is also narrow because, while federal agency heads must report suspected corruption offences, this is only if they meet the same threshold.
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.
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.
The Government will hold roundtable meetings with civil society, academia and other stakeholders and invite written submissions until March 2021.
Here’s what the Mandarin says.
Photo above is the one used by the Government to make this announcement – a secret handshake?
And as well today, Christine Holgate has resigned as CEO of Australia Post for extravagant gifts to executives – generous but probably not corrupt. Still, the PM had to get tough with someone.
