Corruption referrals not for politicians: Anthony Albanese

Anthony Albanese’s comments appear to contradict those from A-G Mark Dreyfus that the NACC should take ‘very seriously’ any referral made by a minister.

Anthony Albanese’s comments appear to contradict those from A-G Mark Dreyfus that the NACC should take ‘very seriously’ any referral made by a minister.

Anthony Albanese says it would be “entirely inappropriate” for politicians to direct the national integrity commission to investigate a matter, in comments appearing to contradict those from Attorney-General Mark Dreyfus last year that the NACC should take “very seriously” any referral made by a minister.

The Prime Minister on Thursday faced questions on whether the NACC should investigate the compensation payment made to Brittany Higgins following her allegation she was raped in Parliament House.

That followed Linda Reynolds, Ms Higgins’ employer at the time of the alleged incident, raising the possibility of referring the compensation payment to the NACC, saying she was “prepared to personally bring it to their attention”.

When asked if he believed the NACC should investigate the payment, Mr Albanese said it was not appropriate for any politician to direct the body on what to do.

“One of the things about the anti-corruption commission, that people might not have noticed in the Coalition, is that it’s independent of parliamentarians,” he said.

“It in fact could be regarded as an entirely inappropriate action by the prime minister, or any other politician for that matter, to try to direct the anti-corruption commission into what to do.

“We set it up as an independent body. The former government, of course, promised one in 2018 and didn’t deliver one. We have delivered one.”

However, Mr Dreyfus in November said ministers could not only make referrals to the body but that the NACC should give particular weight to matters brought to its attention by ministers.

“In that instance, I’d be expecting, because that is the source … I would be expecting the anti-corruption commission to take it very seriously,” he told a Monash University law faculty forum at the time. “But equally (I’m expecting) this anti-corruption commission to have processes that will take seriously all complaints of substance.”

The NACC has separate guidelines for mandatory referrals – which involve commonwealth agency or intelligence agency heads who are obliged to refer certain issues for potential investigation – and voluntary referrals.

Under the legislation, any member of the public or public official can voluntarily refer a corruption issue to the NACC, but the commission will only investigate those matters it believes could involve corruption.

A spokesman for Mr Dreyfus said the Prime Minister’s comments on Wednesday were entirely in line with what he and other Labor ministers had said since being elected – that the government would not direct the NACC on what to do and what it should investigate.

The Attorney-General said on Wednesday it was “a matter for the commission as to what it looks at”.

“It’s not a matter for members of parliament, not a matter for ministers to say what the National Anti-Corruption Commission should look at,” he told 5AA.

“We’ve provided here for an independent National Anti-Corruption Commission.

“Any Australian is able to refer any matter they think is appropriately looked at by the National Anti-Corruption Commission and it’s going to be a matter for the commission to determine what it investigates and how it investigates it. (Australians) should look very, very carefully at anyone that says that matter has to be investigated or this matter has to be investigated. Leave it up to the commission.”

As the minister responsible for litigation against the commonwealth and settling cases such as the one involving Ms Higgins, Mr Dreyfus said the compensation claim was done “(in an) entirely regular way in accordance with the Legal Services Direction”.