Page 2032 - Week 06 - Wednesday, 6 June 2018
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
and independence, staffing and resourcing requirements, application of other legislation and, of course, other matters.
The government response agreed, or agreed in part, to 25 recommendations, agreed in principle to 11 recommendations, and noted 43 recommendations. The government also indicated that the time frame for the establishment of the integrity body would be delayed.
The Anti-corruption and Integrity Commission Bill 2018 has been drafted to give effect to 76 recommendations made by the committee. The three remaining recommendations cannot be met through legislation. They are recommendation 3, which will be fulfilled through a motion to refer the bill to a select committee; recommendations that require the ACT government to seek advice on potential amendments to the Criminal Code 2002; and recommendation 46 regarding a budget consideration for resources for the Office of the Director of Public Prosecutions.
The committee thoroughly and thoughtfully investigated independent integrity bodies in other jurisdictions and provided comprehensive analysis and recommendations. By incorporating each recommendation as if it were agreed to, the bill ensures that this model contained in this legislation has a high likelihood of being the most effective and efficient model for our jurisdiction.
The bill is quite comprehensive and very detailed. As a general overview, the legislation establishes the anti-corruption and integrity commission and emphasises its independence and focus on integrity. It outlines the meaning and general nature of corrupt conduct. It includes all ACT public authorities and public officials, incorporating third parties who may be performing an official function on behalf of the ACT government.
It allows any person to make a complaint to the commission and it imposes a duty to report suspected corrupt conduct of high-level officials. It contains protections and immunities for complainants and reporters. And it sets out powers and procedures for the commission for investigations, examinations and dealing with privilege claims.
It also details reporting requirements for the commission. It includes a legislative process on how to handle conflicts of interest should they arise for the commissioner and the inspector. It allows for oversight of the commission by the Legislative Assembly. It sets out information protection requirements and creates offences if an individual were to inappropriately use or divulge information.
It requires the development of a reputational repair protocol. It provides powers to cooperate and enter into agreements with other entities, including interjurisdictional integrity bodies and it includes provisions for the review of various pieces of legislation.
The commission retains complete independence and discretion over the existence and exercise of these functions. The commission has the power to decide how to handle complaints, whether they should be investigated, referred or dismissed. The commission has the power to conduct preliminary inquiries into issues prior to
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video