Having a look at the Commonwealth Integrity Commission Draft. My concern is that the CIC can refer a corruption investigation to the AFP or the relevant agency. Agencies investigating themselves is clearly open to corruption and ministerial interference. #FederalICAC #auspol
I'll post any other thoughts I have from looking at the draft legislation below. Keeping in mind that I am not a lawyer and it's a 363 page document. 🤷♂️
If you are bored and curious like me you can read the draft legislation here ag.gov.au/system/files/2…
Under section 36, if a Parliamentarian has already notified CIC of a corruption issue they aren't obligated to report further relevant corruption if they have 'reasonable grounds' to believe that the Commissioner is already aware. Seems ridiculous to me 1/2
I'd rather a Parliamentarian report further corruption that the Commissioner is already aware of than have them not report it because they have 'reasonable grounds' to believe that the Commissioner was already aware. Seems like a loophole to me. 2/2 #FederalICAC #auspol
They also don't have to report further corruption if the commissioner has dropped the case. So if a MP / Senator reports corruption and then becomes aware of damning (relevant) evidence later on, they aren't obligated to report it if the case was already dropped. #FederalICAC
'The Attorney-General may refer to the Integrity Commissioner an allegation, or information, that raises a corruption issue relating to a regulated entity (other than the office of a parliamentarian).'
Why can't the AG refer parliamentarian corruption? #FederalICAC #auspol
Why can't the AG refer parliamentarian corruption? #FederalICAC #auspol
A 'head of a regulated entity' is NOT obligated to report corruption allegations or information if the 'regulated entity' is the 'office of a parliamentarian or an intelligence agency'.
Section 37 is basically there to help elected officials get away with corruption.
Section 37 is basically there to help elected officials get away with corruption.
So if @PeterDutton_MP was investigated for corruption, the investigation could be referred to the AFP which he is the Minister of? The AFP Commissioner reports directly to Dutton. Cool and normal! #FederalICAC #FederalICACNOW #auspol 
Furthermore, if a Liberal MP was investigated for corruption and the investigation was referred to the AFP and the Integrity Commissioner wasn't managing or overseeing it then what guarantees do we have that Dutton wouldn't use his role as AFP Minister to interfere? #FederalICAC
The Integrity Commissioner isn't obligated to notify the person referring the corruption claim of the investigation's outcome. Seems a bit silly but ok... #FederalICACNOW #FederalICAC #auspol
As far as I can tell the Commonwealth Integrity Commission Bill Draft does NOT require a Parliamentarian to report suspected corruption to CIC. 'Any parliamentarian may refer' is not good enough. An elected official should be REQUIRED to report corruption. #FederalICAC #auspol
The Integrity Commissioner can only initiate an investigation on their own initiative against a Law Enforcement Agency. This obviously does not include Ministers and Parliamentarians. The more you look at this legislation, the more you realize how weak it is. #FederalICAC #auspol
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