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National Anti-Corruption Commission legislation tabled, does it have teeth

The legislation also provides strong protections for whistleblowers and exemptions for journalists to protect the identity of sources.

The Albanese Government will introduce legislation this week to establish a “powerful, transparent and independent” National Anti-Corruption Commission.

A total of $262 million has been committed over four years for the establishment and ongoing operation of the Commission.

This funding will ensure the Commission has the staff, capabilities and capacity to properly consider referrals and allegations, conduct timely investigations and undertake corruption prevention and education activities.

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Attorney-General Mark Dreyfus said, “Australians want to see public officials, whether they be politicians or public servants, act in their interest.”

“Australians want to see transparency and accountability. The Albanese government will deliver a powerful National Anti-Corruption Commission,”

added Mr Dreyfus.

Albanese Government claims that the National Anti-Corruption Commission will investigate serious or systemic corrupt conduct across the entire federal public sector.

It will be built on the following design principles:

  1. Broad jurisdiction: The Commission will have broad jurisdiction to investigate serious or systemic corrupt conduct across the Commonwealth public sector by ministers, parliamentarians and their staff, statutory officer holders, employees of all government entities and government contractors.
  2. Independent: The Commission will operate independent of government, with discretion to commence inquiries into serious or systemic corruption on its own initiative or in response to referrals, including from whistle-blowers and the public.
  3. Oversight: The Commission will be overseen by a statutory Parliamentary Joint Committee, empowered to require the Commission to provide information about its work.
  4. Retrospective powers: The Commission will have the power to investigate allegations of serious or systemic corruption that occurred before or after its establishment.
  5. Public hearings: The Commission will have the power to hold public hearings in exceptional circumstances and where it is in the public interest to do so.
  6. Findings: The Commission will be empowered to make findings of fact, including findings of corrupt conduct, and refer findings that could constitute criminal conduct to the Australian Federal Police or the Commonwealth Director of Public Prosecutions.
  7. Procedural fairness: The Commission will operate with procedural fairness and its findings will be subject to judicial review.

The legislation also provides strong protections for whistle-blowers and exemptions for journalists to protect the identity of sources.

Following the introduction of the Bill, the Government will propose the establishment of a joint select committee to examine its provisions.

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