National anti-corruption agency of Australia
The National Anti-Corruption Commission, often shortened to the NACC, is an independent federal Australian Government agency that was created under the National Anti-Corruption Commission Act 2022.[2][3] The commission is designed to combat corrupt conduct from public officials employed in the Australian Public Service (APS), including politicans and bureaucrats. It was established on 1 July 2023, and replaced the Australian Commission for Law Enforcement Integrity (ACLEI).
History
Greens leader Bob Brown called on the Rudd government in 2009 to establish an integrity commission.[4] Over the decade since 2012, Australia's score in the Corruption Perceptions Index from Transparency International has slipped from 7th place in 2012 to 18th in 2022.[5] There is a public perception that corruption in Australia is increasing.[6] Although every state in Australia had its own anti-corruption agency as of 2017, calls for a federal anti-corruption agency were ignored. Existing federal agencies that have anti-corruption as part of their remit include the Australian Commission for Law Enforcement Integrity (ACLEI), the Australian Federal Police (AFP), the Australian Public Service Commission (APSC), the Commonwealth Ombudsman and the Australian National Audit Office.[7] In 2017, a parliamentary committee reported on the establishment of a national integrity commission.[8] As of 2019, the Labor proposal for a National Integrity Commission does not define corrupt conduct or include a threshold for investigation.[4] In June 2022, the Attorney-General, Mark Dreyfus, advertised roles in the NACC taskforce.[9]
Coalition proposal
In January 2018, Australian Labor Party (ALP) leader Bill Shorten pledged to establish a national integrity commission if elected.[10] Despite earlier dismissing the idea as a "fringe issue", in December 2018, prime minister Scott Morrison promised to establish an anti-corruption body if the Liberal-National Coalition won the 2019 election.[11] The previous August, Griffith University researchers had laid out a plan for a Commonwealth Integrity Commission,[12] and Attorney-General Christian Porter had been working on adapting the Australian Commission for Law Enforcement Integrity into an anti-corruption watchdog in the Turnbull government.[11] The framework was criticised for its narrow remit and the decision not to allow public hearings, and not being allowed to take tip-offs, as well as the high burden of proof needed before an investigation can take place.[13] Additionally, ministers would have to agree to allow an investigation into anything they were engaged with.[14] The Morrison government was critical of the NSW ICAC model. The Morrison government model also did not give the CIC power to address "grey corruption" such as lobbying, bribery, political donations and the "revolving door".[15] The Morrison government tabled an exposure draft,[16] but insisted that Labor would have to support it before the government brought it to a vote. The CIC was not part of the Morrison government's agenda during the 2022 election campaign.[17]
Cathy McGowan proposal
Senator Larissa Waters amended a plan by former member for Indi Cathy McGowan which passed the Senate in 2018, refining the meaning of corrupt conduct and limiting the retrospective powers of a federal integrity body to 10 years.[18] It was allowed to lapse in April 2022.[19]
A bill produced by Independent member for Indi Helen Haines to introduce a federal anti-corruption body was blocked in Parliament by the Coalition in November 2021. Liberal MP Bridget Archer crossed the floor to support it.[20] By the time Haines introduced the bill, it had been refined by consultation with legal academics, panels of retired judges, civil society stakeholders, ethicists and MPs.[21] It was allowed to lapse in April 2022.[22] Labor said that it would draw on Haines' bill to inform its legislation,[23] however the NACC has significant differences from Haines' bill.[24]
Introduction into Parliament
Anthony Albanese led the Labor Party to victory in the 2022 federal election with an election promise to establish an anti-corruption watchdog.[25] On 28 September 2022, the Albanese government introduced the National Anti-Corruption Commission Bill 2022 and National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022 to parliament. The introduction of the bills was delayed by the death of Queen Elizabeth II three weeks prior. Crossbenchers have proposed that the scope of the NACC should extend to being able to investigate third parties getting in touch with politicians.[26] The bills to establish the National Anti-Corruption Commission passed the House of Representatives on 24 November 2022; they passed the Senate on 29 November 2022 after crossbench amendments were either withdrawn or defeated.[2] On 12 December 2022, the bills received royal assent, and the NACC began operations on 1 July 2023.[27] The commission received 44 referrals of corrupt conduct in its first two days of operation.[28]
Organisational structure
The NACC is led by a Commissioner, three Deputy Commissioners and a Chief Executive Officer. The inaugural Commissioner is Paul Brereton. One of the three Deputy Commissioners is Jaala Hinchcliffe, the Integrity Commissioner and head of the Australian Commission for Law Enforcement Integrity until the latter was absorbed into the NACC. Hinchcliffe's appointment as a Deputy Commissioner is temporary until a permanent third Deputy Commissioner is appointed. All other leadership positions have a term of five years.[29]
Powers
The NACC has the power to investigate Commonwealth ministers, public servants, statutory office holders, government agencies, parliamentarians, and personal staff of politicians.[30] Non-government actors will not be covered.[24] It is independent of government, with the power to initiate its own investigations as well as in response to tip-offs from referrals, including whistleblowers and the public.[30]
The NACC is overseen by a statutory bipartisan Joint Standing Committee of the Parliament.[30]
It has the power to investigate retrospectively.[30] It also has the power to hold public hearings when it is in the public interest,[30] however, the NACC will hold private hearings by default.[31]
It will not be able to make a finding of criminality.[32] The NACC has the power to investigate pork barrelling.[33][24] It does not have the power to sack parliamentarians.[34]
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