11th-hour row over national anti-corruption commission chair vote

A stoush has erupted as the Coalition and Greens attempt to change the legislation so federal parliament – and not the government – decides the commissioner.

Attorney-General Mark Dreyfus says it was regrettable the Liberal amendment “would create an effective veto on the establishment of the national anti-corruption commission”. Picture: NCA NewsWire / Gary Ramage

A stoush has erupted over the national anti-corruption commission as the Coalition and Greens attempt to change the legislation so federal parliament – and not the government – decides the commissioner, triggering Labor claims the opposition is attempting to “veto” the body.

The clash erupted as Labor eyes two significant wins in the final sitting week of the year, with the NACC and industrial relations reforms set to pass parliament.

The government has proposed a simple majority of the 12-member parliamentary committee overseeing the NACC could approve or reject the attorney-general’s recommendation for the appointment of the commissioner.

That would give the government of the day ultimate veto power, as its six members would each receive a vote and the committee’s chair, one of the government members, would receive a casting vote.

The Coalition wants to amend the legislation so at least three quarters of all committee members must support the attorney-general’s recommendation, which gained support from the Centre for Public Integrity.

Attorney-General Mark Dreyfus said it was regrettable the Liberal amendment “would create an effective veto on the establishment of the national anti-corruption commission”.

“The government will not be supporting that amendment and, indeed, I would call on the Liberal Party to withdraw that amendment,” Mr Dreyfus said.

Opposition legal affairs spokesman Julian Leeser hit back, saying the Coalition wanted to ensure bipartisan support for the commission and independent inspector roles.

“The Coalition is committed to bipartisan appointments for key positions in the national anti-corruption commission. This is essential to ensuring the appointments do not become a political issue,” he said.

“We note amendments providing for a super majority for the appointment of the commissioner were also moved by various crossbenchers in the House of Representatives. Nobody has accused them of seeking to veto the NACC.”

Greens justice spokesman David Shoebridge said the party would try to change the bill so the committee chair could not be a member of the government. If that failed, Senator Shoebridge said the Coalition’s “super majority” amendment was “a step in the right direction because it removes the government’s complete control”.

“We are not just making a NACC for the current government, we are protecting it against a more noxious government in the future that may want to impose the worst of commissioners on the NACC,” he said.

An earlier version of this story said the Greens would support the Coalition’s “super majority” amendment if its own amendment failed.