Independent Commissioner Against Corruption (Misconduct and Maladministration) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 19 November 2016.)

The Hon. P. CAICA (Colton) (11:22): It would not come as any surprise to those opposite that the government opposes this bill. The bill proposes amendments to the ICAC Act to allow the Independent Commissioner Against Corruption to investigate a matter raising potential issues of misconduct or maladministration in public administration and in doing so to exercise the powers of a royal commission, which includes power to hold a public inquiry.

The act provides the commissioner with powers and functions to identify and investigate serious or systemic corruption in public administration. The act also established an Office for Public Integrity to receive and assess complaints and reports about corruption, misconduct and maladministration in public administration and to make recommendations as to whether and by whom complaints and reports should be investigated.

Although the commissioner may perform functions in relation to any matter raising potential issues of misconduct or maladministration in public administration, the primary function of the commissioner is to identify and investigate, or refer to a law enforcement agency for investigation, matters concerning corruption in public administration. The commissioner has always agreed that inquiries into complaints about alleged corruption in public administration should not be conducted in public. These inquiries should not be the subject of public speculation. Indeed, we have seen some careers ruined in Western Australia when public hearings occurred, and subsequently those people found out that there was no case to answer.

It was always intended that matters concerning misconduct or maladministration in public administration be referred to an inquiry agency or to a public authority, with or without directions or guidance to the body from the commissioner. Where the commissioner considers it appropriate, the commissioner may exercise the powers of an inquiry agency, being the Ombudsman, Police Ombudsman and the Commissioner for Public Sector Employment.

The risks associated with any public investigation into alleged corruption in public administration apply equally to a public investigation into alleged maladministration, risk of disclosure of the complainant's identity, assault on a person's reputation, and adverse influence on possible legal proceedings. That is why this act and the Ombudsman Act require such investigations to be carried out in private. There is provision in the act for the commissioner to make a public statement where it is in the public interest to do so. I am not persuaded that anything further is required or desirable at this stage.

This bill is also premature where the introduction of a package of reforms that will streamline and coordinate the legislative schemes governing whistleblower protection, the oversight and management of complaints about police and the making of complaints and reports about public administration is imminent. These reforms should be considered holistically. To this extent, as I mentioned when I first opened my remarks, the government is opposed to this bill.

Debate adjourned on motion of Mr Treloar.

Mr GARDNER: Madam Deputy Speaker, I draw your attention to the state of the house.

A quorum having been formed: