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NACC legislation requires revision, says LCA
The Law Council of Australia (LCA) has warned that a more careful consideration of legislation surrounding the potential National Anti-Corruption Commission is needed.
Lauren Croft
Whilst the LCA “strongly supports” the establishment of a NACC, LCA president Tass Liveris has said that a number of specific aspects of its proposed operation require careful consideration.
“We commend the commission’s remit to investigate serious or systemic corrupt conduct across the Commonwealth public sector and its preventive and educative functions,” he said.
“However, while we agree the commission should be able to investigate corrupt conduct that has occurred or is currently occurring, we don’t believe this should be extended to investigating and potentially penalising individuals for conduct they might engage in at a future date.”
The NACC was first unveiled in September, as Prime Minister Anthony Albanese and Attorney-General Mark Dreyfus KC labelled it a “proposed powerful, transparent and independent” federal integrity body.
However, the Law Council emphasised that some of the key definitions in the legislation should be clarified and that the commissioner may only conduct a corruption investigation if they hold a “reasonable suspicion” that the issue involves corrupt conduct that is serious or systemic.
“One of our most serious concerns with the legislation in its current form is its capacity to abrogate well-established common law rights, including legal professional privilege and the privilege against self-incrimination,” Mr Liveris said.
“Linked to this is our opposition to individuals who have been charged or about to be charged in a criminal matter being required to answer questions or provide information for a NACC investigation. This places a person’s right to a fair trial at risk.”
This sentiment has been echoed by a number of legal professionals — who said that limitations on public hearings and the capacity to investigate third parties need to be addressed for the commission to be an effective body.
“Once a charge has been laid in respect of a matter before the NACC, then the NACC investigation should cease, and the investigation should be handed over to the prosecuting authorities. Preserving the distinction between the investigative nature of the NACC and the criminal justice process is critical,” Mr Liveris added.
“Whistleblowers will also be a vital tool in the identification of possible corruption. The Law Council notes the provision in the legislation for whistleblowing protections, but supports further reforms being made in this area.”
Lauren Croft
Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.
