Events in “international politics” show the vital importance of an effective and transparent National Anti-Corruption Commission – and if it investigates over Robodebt the hearings must be public, top experts say.
Former Supreme and Federal Court judge Michael Barker KC — who led the charge for the creation of Western Australia’s integrity body — said the nation suffered an “anti-corruption commission sentiment” among politicians.
Barker, who along with many other top experts unsuccessfully fought for a transparent NACC with public hearings, said this included a “very strong anti-hearing” sentiment, pushed by people who were “often proxies for the politicians”.
“There’s a very strong anti-hearing, indeed, in many respects, an anti-corruption commission sentiment amongst politicians,” said Barker, now a director of not-for-profit the Centre for Public Integrity.
“We’ve got international politics which we get in our news feed every day…it comes to the public trust,” he said.
Former Supreme Court and Court of Appeal judge Dr Margaret White, also a director of the Centre for Public Integrity, said if the NACC does reverse its refusal to investigate over Robodebt, the hearings must be public.
“If this isn’t an extraordinary circumstance then what in heaven’s name would be?” — Margaret White
“These (matters) are absolutely in the public interest and there are exceptional circumstances,” White said.
“If this enormous number of public servants who have behaved unethically, and I will just use that fairly neutral term — if this isn’t an extraordinary circumstance then what in heaven’s name would be?”
“And what does it say about our country that we have to hold these sort of hearings in secret?”
“What does it say about our country that we have to hold these sort of hearings in secret?” — Margaret White
White said the NACC had been “watered down and watered down” by the Albanese Government, which was “very distressing”.
“I was one of those many who was campaigning for a national anti-corruption commission and of course, I presume it was the deals that were done with the Opposition to get bipartisan support, it was watered down and watered down,” White said.
“Like everyone else I worked to have public hearings, it didn’t happen.
“It is very distressing,” White said. “If I weren’t so old, I think I would weep, but it’s not good for the make-up”.
More from The Klaxon on the NACC & Robodebt:
26 Sep – NACC Inspector will “investigate” over Robodebt
24 Sep –Robodebt “conflicts” extend beyond Brereton – NACC hides the documents
21 Sep – GUESS WHO? The $600,000 question at the heart of Robodebt
13 Sep – Not one person “punished” over Robodebt
9 Sep – Brereton’s Robodebt “recusal” claims a sham: Top ex-judge
White and Barker were speaking at an event last Friday held by the Centre for Public Integrity after NACC boss Paul Brereton was found to have engaged in misconduct by failing to recuse himself over the decision of whether to investigate over Robodebt.
In June the NACC shocked the nation when it announced it would not investigate any of the six public officials referred to it for criminal and civil action by the Robodebt Royal Commission.
It was the second fundamental blow to the NACC, which integrity experts and others fought for years to create — with overwhelming public support — after the Albanese Government, months after winning power, announced all hearings would be held in secret, except in undefined “exceptional circumstances”.
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Among those called to give evidence to the Robodebt Royal Commission, clockwise from top left: Scott Morrison, Christian Porter, Stuart Roberts, Michael Keenan, Alan Tudge, Marise Payne. Source: Various/ABC News
Last week the NACC Inspector, Gail Furness SC, delivered findings that Brereton’s failed to recuse himself over the decision of whether to investigate the Robodebt Six, despite behind-the-scenes declaring conflict regarding a person he “knows well”, “who is well known to me” and “with whom I have had a close personal association”.
Instead, Brereton’s involvement in the decision making remained “comprehensive”, amounting to “officer misconduct”.
The names of the six officials referred to the NACC have not been disclosed, but one is known to be Kathryn Campbell, who was the most senior public servant who oversaw Robodebt, and who has ties to Brereton.
Under the former Coalition Government’s unlawful Robodebt scheme, $1.8 billion was raised against more than 500,000 welfare recipients, with some taking their lives as they were pursued for the fake debts.
More from The Klaxon on the NACC & Robodebt:
6 Sep – Questions over NACC Robodebt “investigation”
31 Aug – NACC boss misled Dreyfus over Robodebt
29 Aug – Million dollar NACC boss freezes media as questions heat up
26 Aug – “Recused” NACC boss Brereton at Robodebt meeting
Last week, responding to the Furness investigation, Brereton’s NACC said it would appoint an “independent” person to review its decision not to investigate over Robodebt.
Barker was the counsel assisting for the infamous WA Inc Royal Commission in the 1990s, and was and highly instrumental in the creation of the state’s Corruption and Crime Commission.
WA Inc involved “public-private partnerships” — including involving corrupt late businessman Alan Bond — with the Royal Commission uncoveing widespread corruption.
Former WA Premier Brian Burke, who was intimately involved in the scandal, was found to be corrupt and has been twice jailed.
Regarding the NACC, Barker said he had “pushed hard” for its hearings to be held in public.
More from The Klaxon on the NACC & Robodebt:
23 Aug – NACC’s year-long Robodebt decision: just two pages long
22 Aug – NACC boss breaks own integrity policy over Robodebt
8 July – NACCered: How Dreyfus fudged the figures to deliver a secret regulator
1 July — Brereton’s NACC cloaked in military-grade secrecy
“The Centre for Public Integrity and I met with cross benchers, amongst other people, just as the legislation was going through,” Barker said.
“We met with the Attorney (General, Mark Dreyfus) and we pushed hard to enable public hearings,” he said.
An effective NACC was vital for the “public trust”, Barker said.
“This issue is so important, public trust, government is conducted on behalf of the people and we have real expectations as to how it should be done”.
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