Third parties to be covered by anti-corruption commission

Third parties to be covered by anti-corruption commission

09/26/2022

The national integrity commission will have the power to investigate anyone who tries to influence public officials into engaging in dishonest conduct in a pivotal step to capture “third parties” in the reform when it is introduced to parliament on Tuesday.

The new watchdog will also be able to probe federal schemes that hand out cash in discretionary grants in a move to ensure “pork barrelling” programs are put under more scrutiny, provided the actions raise concerns about serious or systemic corruption.

Attorney-General Mark Dreyfus says it will be up to the commission to decide what matters it investigates.Credit:James Brickwood

Attorney-General Mark Dreyfus revealed the scale of the new powers in parliament on Monday before the final stage of negotiations in the hope of getting the bill through parliament by the end of this year and setting up the commission next year.

Integrity campaigners and independent MPs have urged the government to ensure the agency, to be known as the national anti-corruption commission, or NACC, will not only be able to investigate politicians and public servants but also those who try to bribe them or encourage them to engage in corruption.

“In relation to third parties, the commission will have broad powers to investigate allegations of serious or systemic corruption of or by a public official,” Dreyfus told parliament after independent MP Zoe Daniel asked about the scope of the powers.

“The commission will be able to investigate a corruption issue that could involve serious or systemic conduct by any person that could adversely affect the honesty or impartiality of a public official’s conduct.”

A key element will be to ensure the new power applies only to “serious or systemic” conduct and that it is up to the NACC to determine if the conduct reaches that threshold.

“In relation to pork barrelling decisions, the allocation of public funds should be made, of course, in the public interest,” Dreyfus told parliament.

“The government will not be instructing the commission on what particular matters it can and cannot investigate. It will be up to the commission to decide what matters it investigates.

“To be clear, if the commission considers that the administration of a particular discretionary grants program gives rise to a serious or systemic corruption issue, then the commissioner will have the ability to investigate that issue.”

While the issue has been debated for months, Dreyfus has avoided a public declaration on third parties or pork barrelling while seeking support from the Greens and crossbenchers at the same time Opposition Leader Peter Dutton said the Coalition might vote for the bill.

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