Australian Administrative Law Research Paper 2022

Australian Administrative Law
10/15/2019
Student’s Name

Australian administrative law 1
For different topics and issues, different laws are required to be there. Corruption is one such issue
that needs to be considered by the government of different nations. In Australia, Senate recently
passed National Integrity Commission Bill on 9th September 20191. The lead idea of the bill is to
develop an independent public sector anti-corruption commission. At present, the subjective bill is
a topic of debate in Australia where some of the authorities think the same beneficial and support
the establishment of the same whereas some of them think otherwise. The piece of paper is
presented here to develop an understanding of the subjective bill and to check and determine
whether the federal government should pass the same or not to pass the same. To make this
argument, the status of corruption in Australia and the features of the proposed bill will be
discussed.
Starting the discussion on the said bill, first the background of the story us required to understand.
The Bill is long-awaited and establishes national integrity commission (NIC) as an anti-corruption
commission that also proposes consequential amendments in current legislations such as Public
Interest Disclosure Act 20132, Law Enforcement Integrity Commissioner Act 20063 and
Ombudsman Act 19764. The lead feature of this bill is that the same will be operated at the federal
jurisdiction level and will not bring any impact on the state legislations. It means the same shall
not replace or override the state legislations and the commission established under this act will
support anti-corruption commissions working at the state level. The Australian Labor Party and
the Australian Greens are two of the lead parties that support this Bill. The development of NIC is
always been in one of the agenda of the Australian Greens. The efforts have been started since
August 2009 where Senator Bob Brown, one of the leaders of Greens forward the motion
proposing the development of NIC. Since then Green is putting efforts to get this bill pass and to
form an anti-corruption commission at federal level5
Corruption in Australia: - In Australia, at every level of society, corruption seems to exist.
Corruption can be understood as a misused power for personal benefits. Depending on the context
1 Theyvoteforyou.org.au, For creating a federal Anti-Corruption Commission (Theyvoteforyou.org.au) <
https://theyvoteforyou.org.au/policies/86/detail>.
2 Public Interest Disclosure Act 2013 (Cth)
3 Enforcement Integrity Commissioner Act 2006 (Cth)
4 Ombudsman Act 1976 (Cth)
5 Cat Barker, What might a National Integrity Commission look like? (Parliament of Australia) <
https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/FlagPost/2019/
April/National_integrity_commission>.

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and local culture, corruption can be of different types. Across various sectors, corruption and
integrity issues can be seen especially in public sectors. It is notable that recently Australia
declined in Transparency International's latest Corruption Perceptions Index. Foreign Bribery
another issue that may be seen in Australia. Public officials are mainly involved in such kind of
activities that lead to corruption in the country. Although the country has ratified OECD
Convention on Combating Bribery of Foreign Public Officials in International Business
Transactions (Anti-Bribery Convention), yet some more efforts need to be developed and NIC
seems a better suggestion in this scenario6. Continued revelations of corruption in private and
public sectors highlight the needs of integrity and anti-corruption framework. As per the results of
ANUpoll on Perceptions of Corruption 2012, 43% of respondents believe that corruption is
increasing7. In the second reading of NIC Bill 2019, members of the Australia Parliament argued
in favor of the establishment of the said commission. He considered the NIC Bill necessary for the
future of democracy. He stated that in recent times Australian have faced scandal after scandal.
This is the reason that the whole country needs an anti-corruption commission at the federal level
as an authority that may be held the members of this place liable. The introduction of this bill is
expected to support the long-lasting reform of the current laws. A national office of integrity
commissioner shall be developed as a result of this commission which shall consist of the
following three elements:-
 The National Integrity Commission
 The new office of the independent parliamentary adviser
 The existing Australian Commission for Law Enforcement Integrity
NIC will be an independent statutory agency8. This commission is expected to prevent corruption
and misconduct activities in public services. NIC is also important for the reason, as right now
there is no agency at the national level that can investigate the claims of corruption and
misconduct. While arguing in the favor of this bill, he took an example of New South Wales
6 Tobin Meagher and Richard Abraham, Bribery & Corruption 2019 (Global Legal Insights) <
https://www.globallegalinsights.com/practice-areas/bribery-and-corruption-laws-and-regulations/australia>.
7 Aph.gov.au, Corruption in Australia (Parliament of Australia) <
https://www.aph.gov.au/parliamentary_business/committees/senate/establishment_of_a_national_integrity_commiss
ion/nic/interim%20report/c02>.
8 Tai.org.au, Principles for designing a National Integrity Commission (Transparency International Australia) <
https://www.tai.org.au/sites/default/files/Principles%20for%20designing%20a%20National%20Integrity
%20Commission.pdf>.

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where the independent anti-corruption body highlighted many of such incidents. When such
bodies can benefit a state, then one may imagine how badly NIC may be required at the federal
level. He showed his belief that Australians may not see any corrupted activity at the federal level
because there is no authority to investigate the matter, report the same and bring out the same in
the notice of other authorities as well as in citizens. In 2007, nearly 86% of Australian had trust in
the nation's democracy that further reduced up to 41%9. Hence, to develop this trust again, one of
the ways is to develop an anti-corruption commission at the federal level and to held all the
government officers accountable and liable for their conduct and to develop transparency. The
federal government always runs out of the answer whenever citizens ask for the reasons for not
having an anti-corruption commission at the federal level but at a state level10. All the state anti-
corruption bodies have powers to investigate the working of politicians and to ensure that they are
not engaged in any corrupted activities. NIC will be eligible to check the dishonest behavior of
public officials, breach of public trust by them, misuse of information for personal benefit and to
report the matters. The proposed scope of NIC is wide as it includes all types of corrupted
activities such as fraud, blackmail, and bribery and will act as a watchdog for the activities of
parliament and public officials.
Further to understand needs for establishment of NIC, this is to state that every Australia wants to
ensure that there is integrity in the system, every public official is working fairly and there is no
unethical activity such as bribe and other forms of corruption on the part of such officers. To
provide such surety to the citizen, the development of NIC seems to be significant and necessary11.
It becomes the duty of commonwealth employees to perform their functions in the best interest of
their duties and not to be involved in misleading or unethical activities. Nevertheless, on the
different side, it is also true that it is not possible to have an idol situation in the absence of an
authority or a watchdog. NIC will fulfill this purpose and is expected to motivate employees. As
per one of the surveys conducted in this area, one out of every 20 Australian public servants
agreed that they have noticed their colleague be involved in corrupted activities and during the last
9 Gareth Hutchens, Australians no longer trust their democracy, survey finds (The Guardian)
<https://www.theguardian.com/australia-news/2018/dec/05/australians-no-longer-trust-their-democracy-survey-
finds>.
10Adam Bandt, National Integrity Commission Bill 2019; Second Reading (Openaustralia) <
https://www.openaustralia.org.au/debates/?id=2019-09-09.7.2>.
11 Laura Tingle, Federal anti-corruption commission a step closer, with growing support in Lower House ahead of
debate (Abc.net.au) <https://www.abc.net.au/news/2018-11-14/federal-anti-corruption-commission-might-become-
reality/10498042>.

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3 years, these figures turned into double12. This figure is dangerous itself and there is a need to
take action against it as early as it is possible. NIC can help in this situation. NIC will have many
features. For instance, it will only be empowered to find the facts and if any of the findings would
constitute criminal conduct then the same will be reported to the Commonwealth Department of
Public Prosecutions. Secondly, the commission will be an independent body and will not get
affected by the government of the day. Further to state that the commission will have, greater
powers as similar to Royal commission. The subjective commission will also have powers to
conduct hearings on the relevant matters13.
Over the period, arguments for and against of introduction of NIC have been developed.
Discussing the arguments against NIC, this is to state that the main concern is the operations of
such an anti-corruption commission in the federal context. Many of the arguments have been made
stating that the existing integrity framework presented at the federal level is enough and therefore
NIC seems to be unwanted. Mr. Chris Merritt, Legal Affairs Editor for The Australian also made
arguments against NIC and called the same as a waste of resources. He believed that NIC will lead
no change and will do the same things as 26 agencies are already doing. Many of the submitters
have argued that before taking a final decision in regards to the establishment of NIC, a proper
assessment of the existing integrity framework at the federal level must be conducted to identify
vulnerabilities and gaps.
However many of the other authorities and individuals supported NIC. This would not be wrong
to state that supporters are more in number rather than the opponent. For instance, while
supporting NIC, Professor McMillan, stated that the commonwealth should support the
development of NIC. Public scrutiny of government is a required thing to do to regulate the
operations. Further, other witnesses have also argued in the favor of NIC and believed that a
multi-agency approach is needed to be addressed and there is a requirement of an integrated
system at the federal level. Professor John McMillan stated that the multiagency approach of the
commonwealth seems to be very successful yet this framework consists of some of the
12 Yee-Fui Ng, The proposed National Integrity Commission is a watered-down version of a federal ICAC
(Theconversation.com) < https://theconversation.com/the-proposed-national-integrity-commission-is-a-watered-
down-version-of-a-federal-icac-108753>.
13 Stephen Easton, National integrity commission: got a better idea to strengthen public trust? (The Mandarin)
<https://www.themandarin.com.au/87951-national-integrity-commission-better-idea-to-strengthen-public-trust/
>.

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weaknesses and therefore there is a requirement to introduce a more balanced system that can be
lead through NIC14.
After considering features, arguments in favor and against of NIC, this is to state that the federal
government should establish federal anti-corruption Commission so that corruption may be
detected, investigate and stop in commonwealth agencies as well as in commonwealth
departments. Some of the issues will be there after the establishment of such commission but the
same also expected to lead many advantages, which are greater than the issues involved, and
therefore it is recommended to the federal government to establish NIC.
14 Aph.gov.au, Arguments for and against the establishment of a national integrity commission (Parliament of
Australia)
<https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/National_Integrity_Commission/
IntegrityCommissionSen/Report/c04>.

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Bibliography
Books/Journals
Legislation
Enforcement Integrity Commissioner Act 2006 (Cth)
Ombudsman Act 1976 (Cth)
Public Interest Disclosure Act 2013 (Cth)
Other Resources
Adam Bandt, National Integrity Commission Bill 2019; Second Reading (Openaustralia) <
https://www.openaustralia.org.au/debates/?id=2019-09-09.7.2>.
Aph.gov.au, Arguments for and against the establishment of a national integrity commission
(Parliament of Australia)
<https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/National_Integrity_Com
mission/IntegrityCommissionSen/Report/c04>.
Aph.gov.au, Corruption in Australia (Parliament of Australia) <
https://www.aph.gov.au/parliamentary_business/committees/senate/establishment_of_a_national
_integrity_commission/nic/interim%20report/c02>.
Cat Barker, What might a National Integrity Commission look like? (Parliament of Australia) <
https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/
FlagPost/2019/April/National_integrity_commission>.

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Gareth Hutchens, Australians no longer trust their democracy, survey finds (The Guardian)
<https://www.theguardian.com/australia-news/2018/dec/05/australians-no-longer-trust-their-
democracy-survey-finds>.
Laura Tingle, Federal anti-corruption commission a step closer, with growing support in Lower
House ahead of debate (Abc.net.au) <https://www.abc.net.au/news/2018-11-14/federal-anti-
corruption-commission-might-become-reality/10498042>.
Stephen Easton, National integrity commission: got a better idea to strengthen public trust? (The
Mandarin) <https://www.themandarin.com.au/87951-national-integrity-commission-better-idea-
to-strengthen-public-trust/>.
Tai.org.au, Principles for designing a National Integrity Commission (Transparency
International Australia) < https://www.tai.org.au/sites/default/files/Principles%20for
%20designing%20a%20National%20Integrity%20Commission.pdf>.
Theyvoteforyou.org.au, For creating a federal Anti-Corruption Commission
(Theyvoteforyou.org.au) < https://theyvoteforyou.org.au/policies/86/detail>.
Tobin Meagher and Richard Abraham, Bribery & Corruption 2019 (Global Legal Insights) <
https://www.globallegalinsights.com/practice-areas/bribery-and-corruption-laws-and-
regulations/australia>.
Yee-Fui Ng, The proposed National Integrity Commission is a watered-down version of a
federal ICAC (Theconversation.com) < https://theconversation.com/the-proposed-national-
integrity-commission-is-a-watered-down-version-of-a-federal-icac-108753>.