24 February 2025

Crossbenchers want changes to how National Anti-Corruption Commission works

| Chris Johnson
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Independent MPs and the Greens insist Parliament must change how the NACC works if it’s serious about stamping out corruption.

Crossbench MPs and senators are calling for a serious reform to the National Anti-Corruption Commission (NACC) in light of its overturned decision to not investigate anyone over the illegal Robodebt scheme.

A number of Independents and Greens say they will push for a shake-up of the NACC if they are re-elected and there is a hung Parliament after this year’s federal election.

Top of their list of changes is for the corruption watchdog to conduct more public hearings.

The NACC had to backflip on last year’s decision not to investigate any of the publicly unnamed six referred to it by the Royal Commission into the Robodebt Scheme.

It was forced to do so once the commission’s inspector Gail Furness found NACC Commissioner Paul Brereton had failed to act properly after declaring a conflict of interest in relation to one of those referred.

Former High Court Justice Geoffrey Nettle was then appointed to decide a way forward over the NACC’s position.

The commission announced on Tuesday (18 February) it would now investigate all six referrals and Mr Brereton and the deputy commissioners involved in the initial decision not to pursue investigations would not take part.

READ ALSO National Anti-Corruption Commission forced to investigate the ‘Robodebt six’

The crossbenchers say the commission’s legislated processes to insist public hearings only be held under “exceptional circumstances” also be overruled.

“I think the big question that remains is what can the people of Australia see from the NACC and what will it take for a public hearing to be undertaken,” Member for Indi Helen Haines said.

“I was certainly very unhappy with the inclusion of an exceptional circumstances clause.

“We need to have public hearings when it’s in the public interest to do so, so yes in the next Parliament if there’s an opportunity to prosecute that case, and to strike out that additional exceptional circumstances clause, I’d be very interested in doing so.”

Fellow independents Monique Ryan and Zali Steggall will also push for more public hearings if there is a hung Parliament.

Ms Steggall said Australia had one of the world’s strongest democracies, but it couldn’t be taken for granted.

“Self-interest can erode many measures,” she said.

“To keep it strong, Australians must trust our political system. Measures like truth in political advertising, whistle-blower protections, and a strong National Anti-Corruption Commission are vital to upholding integrity.”

Dr Ryan said faith in democracy depended on politicians and public servants being honest, transparent, responsive and accountable.

READ ALSO You reckon the PM won’t now be calling an election real soon?

Greens senator David Shoebridge also added his support.

“This is an incredibly important decision, which will be welcomed by those thousands of Australians and family members who had their lives destroyed by the Robodebt scandal,” he told the ABC.

“And they have been demanding accountability and demanding justice, and this is a step towards that.

“I hope if we get a hung Parliament we can review that secrecy and design flaw.”

A number of crossbenchers with the Australia Institute’s director of democracy & accountability Bill Browne

A number of crossbenchers join the Australia Institute’s director of democracy & accountability Bill Browne (centre) to launch proposed parliamentary reforms, including changes for the NACC. Photo: The Australia Institute.

The Greens and other independents, including the Teals, have joined with the Australia Institute think tank and its director of democracy and accountability Bill Browne to propose several major reforms for the next Parliament, including strengthening the NACC.

Robodebt Royal Commissioner Catherine Holmes delivered her report into the scheme in July 2023, which included a sealed section of names referring to several institutions for investigation and possible prosecution.

Five public servants and one public official were referred to the NACC. But in June last year the commission said it would not investigate.

The Australian Public Service Commission’s investigation last year found former department secretaries Kathryn Campbell and Renée Leon to have breached the Public Service Code of Conduct in their handling of Robodebt.

The more than 470,000 false debts issued by the Coalition government between 2016 and 2019 caused extensive grief and trauma.

Some recipients are reported to have taken their own lives over the debts.

The scheme was officially scrapped in 2020. Labor established a Royal Commission soon after it was elected in 2022.

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