Prime Minister Scott Morrison. Source: Reuters
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  • The Federal Government’s planned Commonwealth Integrity Commission would be the country’s weakest watchdog if enacted, according to a report
  • Stephen Charles QC, former judge and director of the Centre for Public Integrity says the CIC would hide corruption, not expose it
  • The report said the CIC would not be able to investigate some big scandals over misuse of public money and breaches to the ministerial code
  • A federal CIC was recently brought back into the spotlight after the resignation of former NSW Premier Gladys Berejiklian amidst a corruption probe

The Federal Government’s planned Commonwealth Integrity Commission would be the country’s weakest watchdog if enacted, according to new research from the think tank Centre for Public Integrity.

A federal CIC was recently brought back into the spotlight after the resignation of former NSW Premier Gladys Berejiklian after the New South Wales Independent Commission Against Corruption (ICAC) confirmed it was looking into Ms Berejiklian’s conduct between 2012 and 2018.

Her personal relationship with Liberal MP Darryl Maguire will be investigated by the ICAC to see if she broke public trust owing to a conflict of interest.

Before the last election, Prime Minister Scott Morrison pledged a national integrity commission but recently made it clear that it would not have the same powers as the NSW ICAC.

The think tank, led by former judges and anti-corruption experts, said the CIC would not be able to investigate some big cases that have dominated national discussions around corruption and pork-barrelling in recent years.

This includes the 2021 Commuter Car Park Project pork-barrelling allegations and the 2020 Sports Grants and the 2019 Crown Casino scandals.

Allegations of conflict of interest or potential breaches of the Ministerial Code of Conduct, such as those alleged in 2019 to have been committed by Christopher Pyne and Julie Bishop would also fall outside the remit of the CIC.

Both were cleared of those allegations after a review by the Department of Prime Minister and Cabinet.

Stephen Charles QC, former judge and director of the Centre for Public Integrity, said the CIC would hide corruption, not expose it.

“The inability to hold public hearings and table reports would mean the public is left in the dark,” he said.

“The CIC falls short of its state counterparts on almost every level. It is a breed of its own and does not deserve to be a called a watchdog.”

The strongest and most successful integrity commissions are in New South Wales and Queensland, according to the analysis of State and Territory integrity commissioners.

The report said the two commissions have powers that are not present in the Government’s proposed (CIC), including the ability to make findings public, hold public hearings, investigate the conduct of anyone that affects the impartial exercise of public administration and the ability to investigate without satisfying a threshold of evidence.

These powers feature in both independent MP Helen Haines’ Bill and the model proposed by the ALP, but not the governments.

“The Government’s proposed CIC would be the weakest watchdog in the country,” Anthony Whealy QC, former judge and Chair of the Centre for Public Integrity said.

“It would not be able to begin investigations into the majority of cases, as it is limited to only investigating a specific list of criminal offences,” said Mr Whealy.

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