Page 3197 - Week 11 - Thursday, 13 September 1990
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The thrust of the committee's report is that an independent committee should be established, that it should have specific functions to receive allegations or complaints of corrupt conduct involving ACT public officials, and that it should pass these complaints on to the appropriate agency for investigation. On 13 August 1990, Cabinet approved the main recommendations of the PAC's report. It agreed in principle to the preparation of legislation to establish such a committee, and that is currently under way in the Legislative Counsel's office. Unlike the New South Wales ICAC, the ACT body will not have power to investigate complaints itself, but rather will pass them on to an appropriate agency such as the Australian Federal Police or the Ombudsman for investigation. It will also have a discretion not to pass on a complaint if it believes there is no merit in it.
The ACT model is in line with the model adopted in Western Australia. It has been chosen because it is less resource intensive and will not duplicate functions of already established investigatory bodies. The Executive - that is, the Cabinet - will appoint a panel comprising the Chief Justice of the ACT Supreme Court and two prominent and respected members of the community to recommend appointment of three part-time members to the independent committee against corruption.
The committee itself will be appointed for a period of three years and will comprise a person who has held an office of a kind engendering public confidence, such as a judge, magistrate, senior public servant or academic, and two other members who are not public officials. The committee will meet as and when it is required and will receive complaints or allegations from any person, orally or in writing. The committee will receive anonymous allegations and complaints and will provide confidentiality for both informants and persons about whom information is received.
The proposed legislation will contain penalty provisions for the unauthorised disclosure of information by members and staff of the anti-corruption committee. It will also provide protections for the informant against legal proceedings and will make it an offence to harass or subject to detriment a person who has provided information to the anti-corruption committee. I stress the words "or subject to detriment a person who has provided information". Clearly, that is a protective mechanism for less senior public officials who may believe that, in a subtle fashion, they may not be advantaged by bringing matters to the attention of the committee.
The legislation will provide a definition of "corrupt conduct" which will be wide enough to cover not only public officials but also any other person involved in corrupt conduct with a public official. The legislation is currently being drafted, and I look forward to the support of the house for it - in particular from Mr Berry who, of
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