Three issues – resources, scope and powers – will determine if the new Commonwealth Integrity Commission can help restore flagging trust in Australia’s ability to deal with corruption.

Mr Porter promised “intensive consultation” on the draft but played down any chance he would change his mind on public hearings, saying the Senate crossbench should not insist on the matter.

He argued the Senate should not reject the bill by demanding too much because doing so would block an “incredibly important” commission with significant powers and funding.

However, The Centre for Public Integrity has called for a more powerful federal watchdog that can hold public hearings, deliver public findings and does not require the suspicion of criminal conduct to launch investigations.

Stephen Charles, QC, a former judge of the Victorian Court of Appeal, likened the public sector division to a “feather duster” that offered the appearance of a watchdog.

“It’s an attempt to protect ministers, politicians and senior public servants from investigations into serious corruption,” he said in a statement.

Meanwhile, The Australian Institute said the exposure draft had fallen short.

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“The National Integrity Committee has been deeply involved in establishing the basic principles necessary for the design of a successful and effective integrity commission,” The Honourable David Harper AM QC, former judge of the Victorian Supreme Court of Appeal stated.

“The omission or downgrading of any of the essential design principles identified would actually destroy the effectiveness of a federal anti-corruption body and will allow serious corruption to go largely undetected.

“The draft legislation released today falls well short of what is required for an effective anti-corruption commission. The model proposed by the Government will fail to ensure corruption is stamped out at the Federal level. A toothless watchdog that fails to hold politicians to account risks further eroding confidence in our political and democratic processes.”

Serena Lillywhite, chief executive of Transparency International Australia said TIA has been calling for a federal anti-corruption agency for 15 years and “this is an important step towards establishing one.”

“The Commonwealth Integrity Commission is an opportunity for once-in-a-generation nation building reform, but we must ensure it’s built on solid foundations,” she said.

“So far, the Exposure Draft Bill only partially meets TIA’s six key criteria for a strong and effective anti-corruption and pro-integrity agency.”

Ms Lillywhite stated strong powers are essential for a fit-for-purpose integrity commission. 

“However, the CIC’s full royal commission powers would only extend to 20 per cent of the federal public sector. This means that 80 per cent of the federal government, including politicians, would not be subjected to the same level of scrutiny. Such a model suggests one set of rules for the public sector, and another for politicians,” she said.

The Law Council of Australia stated that the exposure draft largely follows the model proposed by the government in 2018, and creates a centralised, specialist centre for the investigation of corruption in the public sector by forming two separate divisions – one to oversee law enforcement bodies and the other to oversee the public sector more broadly. 

“Under the proposed model, conduct that will be deemed to be corrupt will differ depending on whether it is engaged in by members of law enforcement agencies or members of public sector agencies,” Law Council president Pauline Wright said.

“The Law Council has previously argued and will continue to argue that the same conduct that is deemed corrupt in one context should be deemed corrupt in the other. There should be an alignment of powers between the divisions and the same broad definition of ‘corrupt conduct’ should apply.”

The draft legislation retains elements of the proposed model first released in December 2018 that have been widely criticised, including keeping separate arms of the commission for law enforcement agencies and the rest of the public service and politicians.

The new body would have a total of 172 staff at full capacity, absorbing the existing Australian Commission for Law Enforcement Integrity.

The consultation process will run until February next year, after which the government will attempt to get the crossbench onside to pass the legislation.