Advertisement
Goodbye job applications, hello dream career
Seize control of your career and design the future you deserve with LW career

59 judges, barristers and directors slam federal government for constant National Integrity Commission delays ahead of next election

Almost 60 eminent legal professionals including former High Court justices and Federal Court judges have slammed Prime Minister Scott Morrison for ultimately failing to fulfil a promise made in May 2019 that he would legislate an integrity commission “within 12 months” and much faster than Labor had originally promised. 

user iconNaomi Neilson 23 June 2021 Big Law
Parliament house
expand image

During the last federal election, the current Morrison government had echoed calls from all sides of politics that a National Integrity Commission would be legislated in the first 12 months of the term, but nothing has been done in the three years since. The broken promise has frustrated many within the legal fraternity, including judges. 

In a letter signed by 59 justices of various major courts, the judges said that while they may understand delays during 2020, the Australian public has waited for 922 days while the government “has found time to tackle self-described priorities outside of the coronavirus response – but has yet to find time for this one”. 

“After years of solid resistance to any proposal for a Federal anti-corruption body, and putting forward a proposal which is essentially designed to protect themselves and shield the public sector from proper scrutiny, the Coalition’s continued delays in the process towards establishing a federal anti-corruption body cannot be tolerated,” said former judge of the Victorian Supreme Court of Appeal, the Honourable David Harper AM QC. 

“Based on all available evidence, one can only conclude this government has no interest in a genuine federal anti-corruption watchdog with teeth.” 

In strong criticisms of the government’s lack of transparency and accountability, Justice Harper took aim at “individual ministers” who have made major fiscal decisions worth billions and have set policy decisions that will “have impacts of untold significance for the nation’s long-term future” without an integrity commission. 

If made a reality, the proposed National Integrity Commission would effectively establish a benchmark for an effective federal anti-corruption body that would have broad jurisdiction, strong investigative powers and the ability to hold public hearings. Mr Harper said accountability cannot be achieved without these “essential elements”. 

Research from the Australia Institute found that 88 per cent of Australians support establishing an anti-corruption watchdog before the next federal election, expected to be called near the end of 2021 – and a full term after the promise was first made. 

“Breaking this election promise by failing to legislate a federal anti-corruption body to be operational before the next election would only act to further erode public confidence in our federal parliament,” Australia Institute’s Democracy & Accountability Program senior researcher Bill Browne commented. 

The signatories of the letter are: 

Justices, directors/chairs and commissioners:

  •     The Honourable Mary Gaudron QC, former judge of High Court of Australia
  •     The Honourable Anthony Whealy QC, former judge of the NSW Court of Appeal
  •     The Honourable Paul Stein AM QC, former judge of NSW Court of Appeal
  •     The Honourable Margaret White AO, former judge of Queensland Court of Appeal
  •     The Honourable Stephen Charles, former judge of Victorian Court of Appeal
  •     The Honourable David Harper AM QC, former judge of Victorian Court of Appeal
  •     The Honourable Carmel McLure AC QC, former president of Western Australian Court of Appeal 
  •     The Honourable Murray Tobias AM QC, former judge of NSW Court of Appeal
  •     The Honourable G E (Tony) Fitzgerald, former judge of Federal Court of Australia and former president of Queensland Court of Appeal
  •     The Honourable Margaret McMurdo, former president of Queensland Court of Appeal
  •     The Honourable Geoff Davies AO QC, former judge of Queensland Court of Appeal
  •     The Honourable FHR Vincent, former judge of Victorian Court of Appeal
  •     The Honourable Peter Lyons QC, former judge of Supreme Court of Queensland
  •     The Honourable Roslyn Atkinson AO, former judge of Supreme Court of Queensland
  •     The Honourable Alan Wilson QC, former judge of Supreme Court of Queensland
  •     Julian Gardner AM, former Victorian Public Advocate
  •     Judith Bell AM, former commissioner of Queensland Crime and Misconduct Commission
  •     Geoffrey Watson SC, barrister and former counsel assisting NSW ICAC and director of Centre for Public Integrity
  •     Nicholas Cowdery AO QC, former director of Public Prosecutions for NSW
  •     Dr Cameron Hazlehurst, chair of The Ethicos Group
  •     David Muir AM, chair of Clem Jones Group
  •     Stuart Hamilton AO, director of Accountability Roundtable
  •     Dr Julian Thornton, director of Accountability Roundtable 
  •     Jonathon Hunyor, chief executive of Public Interest Advocacy Centre
  •     Howard Pender, convenor of Australasian Centre for Corporate Responsibility
  •     Dr Valarie Sands, chair of Australian Citizens Against Corruption 
Academia: 

  •     Professor Joo-Cheong Tham, Melbourne Law School
  •     Professor AJ Brown, Griffith University
  •     Professor Kate Auty, University of Melbourne
  •     Professor Tim Prenzler, University of Sunshine Coast
  •     Professor Spencer Zifcak, Allan Myers Professor of Law
  •     Professor Ken Coghill, Monash University and former speaker of the Victorian Legislative Assembly
  •     Emeritus Professor Meredith Edwards AM, University of Canberra
  •     A/Professor Elizabeth M. Dax Am, National Reference Laboratory
  •     Dr Klaas Woldring, Southern Cross University
  •     Dr Rebecca Ananian-Welsh, University of Queensland
  •     Professor John Hewson, Crawford School of Public Policy ANU
  •     Howard Whitton, visiting fellow National Institute for Governance and Policy Analysis and director of The Ethicos Group 
  •     Dr Peter Wilkins, John Curtin Institute of Public Policy
  •     Bill Browne, The Australian Institute Democracy & Accountability Program
  •     John Menadue AO, publisher 
Barristers and principals:

  •     Alex McKean 
  •     Fiona McLeod AO SC
  •     Joshua Jones
  •     Stephen Keim SC
  •     Robert Richter QC
  •     Dr Kristine Hanscombe QC
  •     Brian Walters AM QC
  •     Ben Slade, Maurice Blackburn
  •     Josh Bornstein, Maurice Blackburn
Government: 

  •     Dr Richard Gould, tribunal member of Victorian government
  •     Professor Emerita Carmen Lawrence, former premier of Western Australia
  •     Cathy McGowan AO, former independent member of Parliament for Indi
  •     Emeritus Professor Geoff Gallop AC, former premier of Western Australia
  •     Lyn Allison, former senator for Victoria
  •     The Hon Barry Jones AC, former member of parliament for Lalor
  •     The Hon Kevin Rozzoli AM, former speaker of NSW Parliament
  •     Beryce Nelson, former member of Queensland Legislative for Aspley

Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.

You need to be a member to post comments. Become a member for free today!