No blank cheque for NACC legal fees

The Albanese government will not guarantee a blank cheque to cover legal fees for everyone who appears before the national anti-corruption commission.

Attorney-General Mark Dreyfus. Picture: NCA NewsWire / Gary Ramage

The Albanese government will not guarantee a blank cheque to cover legal fees for everyone who appears before the national anti-corruption commission, as it considers eligibility criteria for ­financial assistance.

A spokesman for Attorney-General Mark Dreyfus said the criteria would ensure financial support “is targeted towards those who need it”, suggesting those with a capacity to pay legal costs could be asked to do so.

There is already a provision in the bill that says a witness appearing at a hearing is entitled to be paid by the commonwealth for travelling expenses.

It will be up to the commissioner to decide whether a witness at a private hearing is able to disclose information about their appearance, with the possibility of five years’ jail if they breach non-disclosure notations.

The commissioner must include a non-disclosure notation if they fear not having one would harm a person’s safety, reputation or fair trial if they have been charged with an offence or a charge is imminent.

It comes as opposition legal affairs spokesman Julian Leeser called for the legal fees of anyone investigated by the NACC to be covered by the commonwealth, saying the proposed body could easily bankrupt people.

“People who appear should have reasonable legal costs met, including when they bring judicial review applications forward,” he said.

“That should be paid by the commonwealth.”

Mr Leeser was concerned about eligibility criteria or activity tests being set and said everyone involved in an investigation should have the option of financial assistance, given such investigations could drag on for years.

“It’s not clear who would be covered by that financial assistance,” he said.

“There’s still a risk even with that provision for proceedings to bankrupt those who appear.”

Before the NACC is operational, the government intends to introduce regulations that lay out what commonwealth financial assistance may be offered for legal representation.

The assistance could cover attending a hearing or an application for judicial review of the commissioner’s findings.

“Commonwealth employees, including ministers and ministerial staff, may also be eligible for financial assistance under Appendix E of the Legal Services Directions 2017, for proceedings relating to their employment by the commonwealth,” Mr Dreyfus’s spokesman said.

Greens justice spokesman David Shoebridge said there was a strong public interest argument for “reasonable” legal expenses to be covered for those who come before the NACC.

“This should not be a blank cheque, however, which is why many state equivalents have procedures for the recovery of legal costs where there are findings of relevant corrupt conduct,” he said.

The NACC parliamentary committee has put a call out for submissions by October 14, with the committee to hand down its report on or by November 10.

Mr Leeser has also argued for time limits to be set on investi­gations to prevent multi-year proceedings that could further risk bankrupting those it investigates.