Google AI


Modern Australian

Why the federal government’s new integrity commission isn't up to the job

  • Written by: Kate Griffiths, Senior Associate, Grattan Institute
Why the federal government’s new integrity commission isn't up to the job

A federal integrity commission is an idea whose time has finally come. The Coalition announced its proposal for a Commonwealth Integrity Commission in mid-December, joining the Greens, Labor and independents led by Cathy McGowan in recognising the need for a body to investigate corruption by politicians and public servants.

But not all integrity commissions are equal. Unfortunately, the government’s initial proposal is light on both powers and resources and is unlikely to weed out corruption and serious misconduct.

Read more: The proposed National Integrity Commission is a watered-down version of a federal ICAC

There are big gaps in its proposed powers

At a minimum, the new commission should be able to investigate and resolve claims of corruption in the public sector. Yet the government’s proposal limits its scope and powers in three critical ways.

1. It limits who can report corruption

The government proposes the commission only investigate corruption in the public sector if the federal police or agency heads refer it. The proposal explicitly excludes investigation of public complaints. It also appears to exclude investigation of tips and information from lower-level public officials, journalists and whistleblowers.

Closing off the best source of information about corruption — those that have witnessed it directly or heard about it — would severely limit the commission’s effectiveness. Indeed, instead of ignoring public tips, the commission should be a gateway for them.

2. It limits investigations to criminal offences

The proposed commission will only investigate conduct likely to be a criminal offence. While criminal conduct should be the priority, the commission should also be able to investigate other forms of serious misconduct. For example, links between financial contributions and political favours should be explored even if an improper motive – required to meet the criminal threshold – isn’t likely to be established.

3. Findings may remain secret

The proposed commission “will not be able to make findings of corruption, criminal conduct or misconduct at large”. Only the courts can make findings of criminal conduct. But the commission needs to be able to report to the public on the outcomes of its investigations. The government’s proposal makes no mention of the commission having any public presence.

The commission won’t allay public concern if it operates purely behind closed doors. It should be empowered to publish findings of fact in relation to its investigations and refer suspected criminal conduct to the Commonwealth Director of Public Prosecutions, or serious misconduct to the relevant agency.

Public findings from the commission are important to reassure the public that corruption and serious misconduct are being investigated. It also creates accountability for the agencies ultimately tasked with pursuing the conduct. It is equally important the commission makes public statements when it does not find facts to support an allegation, so that public officials don’t live under a cloud of suspicion.

Funding too tight

The government proposes a commission operating budget of about A$30 million a year. This is supposed to fund the new public sector integrity division as well as a division to investigate corruption in law enforcement agencies – a task currently undertaken by the Australian Commission for Law Enforcement Integrity (ACLEI), with a budget of about $12 million a year.

Assuming the law enforcement division requires only the existing ACLEI budget – optimistic given the raft of new agencies the government is asking it to cover – this would leave the public sector division with a budget of $18 million.

Read more: Parties, money and their masters: who do office holders serve?

That’s far smaller than the annual budgets of the larger states’ integrity agencies: NSW $24 million, Western Australia $30 million, Victoria $40 million and Queensland $57 million.

A recent review estimated the cost of a well-functioning commonwealth integrity agency at $47 million a year (including a law enforcement division).

Broader integrity reforms are also needed

An integrity commission, even a powerful and properly resourced one, is not enough on its own to ensure well-resourced and well-connected groups don’t have too much sway over public policy.

Grattan Institute’s 2018 report Who’s in the room? Access and influence in Australian politics covered the vulnerabilities of Australian governments to this type of undue influence.

Read more: Influence in Australian politics needs an urgent overhaul – here's how to do it

A number of simple changes could reduce these risks, including capping political advertising expenditure during election campaigns, strengthening the disclosure regime for political donations and making lobbying more transparent by publishing ministerial diaries.

Read more: Time for the federal government to catch up on political donations reform

Setting much clearer standards for politicians on potential conflicts of interest – particularly relating to corporate hospitality, gifts and secondary employment – would also be a useful complement to the integrity commission’s activities.

Back to the drawing board

The government should go back to the drawing board. A weak and poorly resourced integrity commission is only marginally better than no integrity commission. Fortunately, there is time for the government to fix the model before the proposal is put to parliament. And if the government is serious about lifting the standards in public office, it should reform political donations and lobbying rules at the same time.

Authors: Kate Griffiths, Senior Associate, Grattan Institute

Read more http://theconversation.com/why-the-federal-governments-new-integrity-commission-isnt-up-to-the-job-110441

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Metal Fabrication: Choosing Metal Fabrication Melbourne Services for Custom Projects

What Modern Metal Fabrication Involves From individual components to complete structures, metal fabrication brings together processes such as desig...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Full-Height vs. Pop-Top Caravan: Which Is Better for Family Travel across WA?

A pop-top caravan is an excellent choice for travellers who want the comfort of a caravan without committing to a larger, bulkier setup. With a lowe...

Bottle Label Printing: Key Factors for a Professional Finish

Why the Printing Method Matters When businesses need packaging or printed containers developed for a particular application, the right supplier can m...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...