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Some key crossbenchers are expressing concerns the federal government's
new integrity commission might be too limited in its ability to hold
hearings in public.
Key points:
Parliament introduced legislation to create the National
Anti-Corruption Commission yesterday
The 'exceptional
circumstances' test for public hearings under the proposed
commission is questioned by crossbenchers
Mr Dreyfus says circumstances would be an independent
decision for the commission
Legislation to create the new National Anti-Corruption Commission was
introduced to parliament yesterday, and provides capacity for public
hearings in "exceptional circumstances" where doing so is in the public
interest.
Attorney-General Mark Dreyfus has said the 'default position' will
be to hold hearings in private.
The 'exceptional circumstances' test is being called into question by
crossbenchers in both the lower house and the Senate, where their votes
may prove critical to passing the bill.
The government has pointed to matters of national security, or the risk
of prejudicing future court proceedings, as reasons why the integrity
body might be reluctant to hold hearings in public.
Senator David Pocock said he does not want the new body to be overly
limited in its capacity to conduct public hearings, describing the issue
as a "sticking point".
"My thinking is that if you're going to have an independent commission,
they should be able to decide for themselves 'is this in the public
interest' to have a public hearing," he said.
"I
don't think we need to put in there that it is only under exceptional
circumstances."
Senator David Pocock is among those who have raised concern about the
wording 'exceptional circumstances' when it comes to public hearings. (ABC
News: Matt Roberts
Some crossbenchers are also concerned that the bill does not define
"exceptional circumstances", and are worried someone brought before the
anti-corruption might be able to test the definition in the High Court.
Independent MP Helen Haines said the words are a genuine issue, and the
bill would be better off without them.
"This is really
problematic, in that it's not clear what exceptional circumstances
are and why we need to have that additional hurdle to jump," she
said.
The opposition has voiced cautious support for the model put forward by
the government, with Opposition Leader Peter Dutton suggesting it struck
the right "balance" on the issue of public hearings.
Independent MP Zoe Daniel it would be disappointing if the "exceptional
circumstances" test was added to attract the Coalition's support.
"I
would hate to think that the two major parties have got together to
protect themselves under a commission that is for the Australian people,
to help restore integrity in politics and leadership, and trust among
the population," she said.
No
crossbencher has yet suggested they would oppose the bill over the issue
of public hearings, instead pointing to a committee inquiry process that
will be held over coming weeks.
'Exceptional circumstances' a matter for commission
Attorney-General Mark Dreyfus said the "exceptional circumstances" test
will be one for the future commission to decide.
"It's a phrase that's there because we want this independent and
powerful anti-corruption commission to strike the balance," he said.
"It's an independent decision that this commission is going to make."
And he argues other integrity commissions already operating around the
country only hold a fraction of their hearings in public.
"Looking at the
experience of the NSW ICAC, only 5 per cent of its hearings are in
public," he said.
"That already tells you that it's a fairly exceptional thing for an
anti-corruption commission like this to hold a public hearing."
Aside from the issue of public hearings, the bill has so far found
fairly broad support across the parliament.
As
with all bills, the government does not necessarily need support from
the crossbench or opposition in the lower house.
It
would, however, need either the opposition, or the Greens and at least
some crossbenchers, to pass the bill through the Senate.
But Mr Dreyfus said he is conscious of trying to attract support from
across the parliament, even if it is not absolutely necessary to have
the body legislated.
He
said broad support will help build public confidence in the body.
"I
want to see support for this bill from the whole of the Australian
Parliament, from everyone in both houses, because that's going to
strengthen public reception and public acceptance of this
anti-corruption commission," he said.
"The more support we
can get, the better."