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Watchdog rules ‘to put lives in danger’

The Opposition has revealed an ­extensive list of safeguards it wants included in the NACC legislation to ensure the body’s “extraordinary powers” are kept in check.

Shadow Attorney-General Julian Leeser. Picture: NCA NewsWire/Gary Ramage
Shadow Attorney-General Julian Leeser. Picture: NCA NewsWire/Gary Ramage

The opposition has called for witnesses and people of interest ­before the proposed national anti-corruption commission to be able to disclose their involvement in an investigation to a doctor or family member, warning gag orders could contribute to people taking their own lives.

Opposition legal affairs spokesman Julian Leeser has revealed an ­extensive list of safeguards he wants included in the NACC legislation to ensure the body’s “extraordinary powers” are kept in check.

Mr Leeser said there was a misconception the NACC would affect only politicians and public servants but it would reach a much broader group than the prime minister or Parliament House’s gardeners, cleaners and cooks.

“It’s aged care workers, it’s every pharmacist, it’s people working in the NDIS, it’s anybody exercising any powers under a commonwealth law except of course a registered organisation, which really means a union and judges and the governor-general,” he said.

“Because we’ve seen what this can do to people at the state level, because there have been around a dozen suicides and many attempts as well as a result of this, we’ve got to make sure we’ve put in place the proper safeguards here.”

Proposed NACC seems to be 'kept deliberately vague'

Mr Leeser said he would push to allow people to disclose their participation in a corruption investigation to a mental health professional or family member, except where the family member was also a subject of interest to the inquiry.

As well as a superior court judge deciding whether a public hearing should go ahead, Mr Leeser wants a similar provision inserted if another agency has already investigated a matter and the NACC wants to investigate further.

Under the Coalition’s changes, the NACC would be able to investigate retrospective cases only where the conduct was a criminal offence at the time it occurred and it would be mandatory for a person to be told when they had been ­exonerated by the commission.

There are extra procedural fairness measures, such as providing a witness with a copy of an interview transcript, and more safeguards to prevent vexatious referrals.

Mr Leeser has also advocated for three-month time limits on investigations so people’s lives “aren’t put on hold” and says reasonable legal costs should be covered by the commonwealth.

While Peter Dutton has offered in-principle support to Labor’s corruption watchdog, Mr Leeser was scathing of the “rushed ­nature” of the joint select committee’s inquiry into the legislation.

Submissions are due by next Friday, and four days have been marked for public hearings, with a report due by November 10.

Attorney-General Mark Dreyfus. Picture: NCA NewsWire/Martin Ollman
Attorney-General Mark Dreyfus. Picture: NCA NewsWire/Martin Ollman

“The fact we’ve got effectively a week for people to get their submission in and only four days of public hearings is a real concern for people, given the powers we are looking to give a commission that is not investigating criminal matters but is investigating civil wrongs,” Mr Leeser said.

“Given the government is being less transparent than they should’ve been with provisions like sections 12 and 14 that have special carve-outs for trade union officials, one wonders what they’re trying to hide by rushing this through?

A spokesman for Attorney-General Mark Dreyfus said that, while Mr Dutton had supported the government’s model, Mr Leeser “clearly disagrees and has since repeatedly sought to undermine and embarrass his leader”.

“It’s time for Mr Leeser to state clearly whether or not he is serious about tackling corruption and will be supporting the government’s national anti-corruption commission,” he said.

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Original URL: https://www.theaustralian.com.au/nation/politics/watchdog-rules-to-put-lives-in-danger/news-story/aedeed5bef3a5393c677f4e37090e5b1