November 10, 2024

Corruption on notice once you get NACC

NACC #NACC

WHAT IS THE NATIONAL ANTI-CORRUPTION COMMISSION?

* The NACC would be led by a commissioner and up to three deputy commissioners, supported by a chief executive officer.

* A parliamentary joint committee would oversee the NACC and approve the government’s nominated appointees for commissioner and deputy commissioner.

* An inspector would deal with complaints about the conduct of the NACC and its staff.

* The NACC would have broad jurisdiction to investigate ministers, parliamentarians and their staff, the heads and employees of commonwealth agencies, government contractors and their employees.

* As well, it would cover members of the Australian Defence Force, statutory office holders and appointees, officers and directors of commonwealth companies, and people or bodies providing services, exercising powers or performing functions on behalf of the Commonwealth.

* The commissioner could start an investigation – following a public complaint, agency referral or on their own initiative – if they believe serious or systemic corrupt conduct may be involved.

* “Corrupt conduct” includes any conduct of a person that “adversely affects, or could adversely affect, the honest or impartial exercise or performance of any public official’s powers, functions or duties”.

* The commission would be able to look at conduct that occurred before it was set up.

* Legal protections would be available for people who refer allegations or information raising corruption issues.

* The NACC may hold public hearings in “exceptional circumstances” but hearings would, by default, be held in private.

* There is scope to hold public hearings into broader systemic issues in the public sector.

* The NACC would be able to compel the production of documents or information, obtain a warrant to enter and search, enter certain Commonwealth premises without a warrant, seize evidence and exercise limited powers of arrest to ensure attendance at a hearing.

* It would also have covert investigative powers such as telecommunications interception powers and the ability to use surveillance devices, subject to existing law enforcement thresholds.

* The government aims to have the NACC operating by mid-2023, with a four-year budget of $262.6 million.

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