Page 4829 - Week 13 - Tuesday, 27 November 2018
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This bill will further strengthen the ACT community’s confidence in the integrity of the Legislative Assembly and of the public sector. As flagged, it is one important component of a broader government integrity package being introduced in the Assembly this week, which includes electoral reform to ban political donations from property developers and to close other loopholes potentially used to circumvent the spirit of ACT election rules. The government also recently moved for the Standing Committee on Administration and Procedure to inquire into the expansion of the lobbyist register to capture more individuals, companies and industry associations.
This bill has been drafted to ensure the protection of a person’s human rights under the Human Rights Act 2004. Where a human right may be limited by the operation of the bill, sufficient safeguards have been incorporated to reduce any undue impact. The commission will have extensive powers of entry, search and seizure, set out at part 3.5. It will have the power to hold examinations, which may be public or private. Determination on whether a particular examination will be public or private will be made by the commission after applying a public interest test and other considerations set out in the bill.
Another key aspect of the bill is that it allows the commission to investigate alleged corrupt conduct in relation to all ACT public sector entities, their employees and contract staff in government directorates and territory-owned corporations. It covers judicial officers, members of the Legislative Assembly and their staff. Its jurisdiction will also extend to those performing functions of a public nature. Importantly, any conduct since the commencement of self-government, back to 1989, will be able to be investigated by the commission, even if it has been the subject of a previous investigation.
Earlier this year the government indicated its initial view that judicial officers need not be within the jurisdiction of the integrity commission, on the basis that there was already sufficient oversight through the Judicial Council and Judicial Commission. However, I can advise today that the government has further considered the matter, following the select committee’s recommendations and, in agreement with all parties in the Assembly, has included judicial officers within the scope of the commission.
To ensure that the separation of powers is maintained, the integrity commission will not be able to investigate complaints made about judicial officers that directly relate to a judicial decision or process. The power to impose a sanction against a judicial officer will remain with the Judicial Council or here with the Legislative Assembly. This approach retains the independence of the judiciary, encourages a collaborative approach between the integrity commission and the Judicial Council, and is consistent with the approach taken in other jurisdictions such as New South Wales, Victoria and the Northern Territory.
Madam Speaker, the ACT’s integrity commission will be independent. It will be led by an officer of the Legislative Assembly, appointed by the Speaker. The open and competitive appointment process in the bill requires that a former judge be considered in the first instance, with the field being open to experienced lawyers after former judges have been considered. It is the government’s view that the appointment bar
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