Sad news everyone. While we WEREN'T looking the Government quietly and sneakily KILLED OFF the Federal Integrity Commission Bill 2020..
KILLED IT OFF IN SEVEN MONTHS!
Australian Federal Integrity Commission Bill 2020
Type Private
Sponsor(s) HAINES, Helen, MP
Originating house House of Representatives
Status Not Proceeding
Parliament no 46
"Removed from the Notice Paper in accordance with (SO 42)
25 May 2021"
This BiIl had the support and approval of so many who KNOW about Integrity! Judges, Lawyers, past Royal Commissioners..
The National Integrity Committee welcomed Helen Haines’ Australian Federal Integrity Commission bill package.
“In February, we recognised that an integrity commission with broad jurisdiction, strong investigative powers and the ability to hold fair public hearings was central to the Beechworth Principles released by Dr Haines in Indi,” the former Judges said.
“The Australian Federal Integrity Commission bill package named by Dr Haines in the House today signals to Parliament the importance of bringing those principles to reality.
“We look forward to offering constructive appraisal of Dr Haines’ draft bills.”
The members of the National Integrity Committee auspiced by the Australia Institute are:
Mary Gaudron QC, former Judge of the High Court; Anthony Whealy QC, former Judge of the NSW Court of Appeal; Paul Stein AC QC, former Judge of the NSW Court of Appeal; Stephen Charles AO QC, former Judge of the Victorian Court of Appeal; David Harper AM QC, former Judge of the Victorian Court of Appeal; Margaret White AO, former Judge of the Queensland Court Appeal; and Carmel McLure AC QC, former Judge of the Western Australian Court of Appeal.
So what did the Federal Government do in response?
It FINALLY released its draft Commonwealth Integrity Commission Bill ONLY because DR Haines had introduced hers!
And what did the learned judges & past Royal Commissioners THINK of it?
"A recent press conference in Canberra has drawn criticism towards the Government over its unwillingness to establish an anti-corruption body. Investigations editor Ross Jones reports.
“Something like a post-modern joke.”
That is former High Court Judge Mary Gaudron QC’s opinion of the Government’s proposed National Integrity Commission.
Ms Gaudron was responding to a question from Bob Katter at a press conference titled Former Judges, Opposition, Crossbench, Federal Police, Academics, Civil Society, Majority of Australians: Establish a Federal Integrity Commission with Teeth."
The Canberra Times reported:
"An unlikely coalition of parliamentarians, former judges and police have appealed to members of the Morrison Government to cross the floor over the "flawed" proposal for a national integrity commission.
Former Victorian Supreme Court of Appeal judge Stephen Charles and former NSW Supreme Court of Appeal judge Anthony Whealy joined MPs including Helen Haines, Andrew Wilkie, Rex Patrick, Rebekha Sharkie, Mark Dreyfus, Zali Steggall, Jacqui Lambie, Bob Katter and Pauline Hanson to criticise the Government's model of [an] anti-corruption watchdog."
At the above press conference several concerns were raised about the Government's model:
*It is a TWO division system. Politicians and Senior Public Servants can ONLY be investigated by the Governments' Commission IF there is reasonable suspicion of a CRIME. Whereas Police can be investigated for corruption of ANY kind. For example: Sports Rorts would NOT be investigated under the LNP model - because not following procedure or best practice when gifting PUBLIC money is NOT a CRIMINAL OFFENCE!
*The Public CAN'T refer Politicians or Public Servants - but they CAN refer a Police complaint.
*Public Hearings are ONLY for complaints about the Police - NOT for politicians or the majority of Public Servants.
*Reports will NOT be able to CRITICISE Politicians or their staff - Section 239 Subsection 7 states "Any Reports coming out from the Integrity Commissioner shall not include any criticism of the conduct of a Parliamentarian or a member of the Parliamentarian's staff expressed or implied"
So much for the same rules for everybody!
Full transcript of press conference here:
Criticism of the Government's model was especially fierce from Dr. Haines and her Parliamentary and community supporters
https://www.afpa.org.au/wp-content/uploads/2020/11/CIC-Media-release-12-November.pdf
In November 2020 - Dr. Haines' Australian Federal Integrity Commission Bill 2020 was sent to the Joint Senate Standing Committee and considered by the scrutiny committee (20/11/2020): for the Scrutiny of Bills
For those who are keen I leave this here for you; (this WILL download a PDF file from Parliament's website) the tone of the report is once again [like the Joint Parliamentary Human Rights Committee's concerns about Larissa Waters' National Integrity Commission Bill 2018 (No. 2)] an excessive concern for Politicians' reputations & 'Rights'
If you would like to read the Human Rights Committee's concerns about Larissa Water's Integrity Commission Bill from 2018:
In February THIS year submissions CLOSED on the Government's (Christian Porter's) Commonwealth Integrity Commission DRAFT Bill.
There were 333 submissions regarding the Govt's Draft Fed CIC Policy - between 2 November 2020 and 12 February 2021 - so we will need to wait and see if the Government DOES modify its original Legislation!
https://www.ag.gov.au/submissions-received-commonwealth-integrity-commission-consultation-draft
But THIS Bill - Helen Haines' Bill - was already SEEN and endorsed by the SAME EXPERTS and WAS ready to go and already IN Parliament!
So WHAT did our Politicians NOT like about this Legislation - that they REFUSED to DISCUSS it, support it and then KILL it?
Was it the CODE of Conduct?
Was it the RETROSPECTIVITY?
The Whistle Blower PROTECTION?