KEY POINTS:
- The National Anti-Corruption Commission has already received over 40 referrals.
- The NACC will have the power to tap phones and obtain search warrants.
- Its head says with 'great powers' comes 'great responsibilities'.
Australia's first anti-corruption watchdog has received more than 40 referrals in its first two days of operation.
And the National Anti-Corruption Commission's (NACC) new boss has put federal politicians on notice, saying he'll publicly shame them for making frivolous or weaponised reports.
Speaking at its first formal sitting on Monday, NACC commissioner Paul Brereton revealed the body had already received 44 online referrals and five requests for phone responses since opening its doors on Saturday.
Australia's first anti-corruption watchdog has received more than 40 referrals in its first two days of operation. Source: AAP / Mick Tsikas
"The people of the Commonwealth are no longer prepared to tolerate practices which might once have been the subject of, if not acceptance, at least acquiescence," he said.
"My aspiration is that this commission become and be respected part of the machinery of our democracy.
"I want the commission to have the reputation of being fearless and fair, independent and impartial. While the legislation gives us great powers, with that comes great responsibility."
So what are those "great powers", and could the NACC become weaponised?
How does the NACC work?
The entire public sector could be under the microscope.
That means federal politicians, their staff, public servants, and any group holding a third-party contract with the Commonwealth (think consultancy firms).
The NACC has the power to:
- Launch its own investigations, pursue tip-offs from the general public and government agencies
- Tap phones and use surveillance devices after receiving a warrant
- Search premises after receiving a warrant, and search some Commonwealth premises without one
- Compel testimony from witnesses
- Demand documents
- Refer subjects of its investigations to the police
- Hold public hearings, but only in "exceptional circumstances" and when in the public interest
The term "exceptional circumstances" is not defined, and public hearings can be controversial - critics argue they can unfairly damage a person's reputation, even if no findings are eventually made against them.
The NACC's creation fulfils a key election commitment from Labor. Source: AAP / Lukas Coch
Like any investigative body, it will have finite resources. Mr Brereton said that means it will focus on claims with "current practical relevance" over historical allegations.
The commissioner will have a fixed five-year term, and won't be able to apply for a second.
"I have nothing to gain from favouring, and nothing to lose from offending, any government of the day - present or future," Mr Brereton said.
There is also a high bar for their removal: proof of misbehaviour or incompetence.
The NSW ICAC sparked outcry by taking two years to rule Ms Berejiklian had engaged in "serious corrupt conduct", but Mr Brereton hoped 90 per cent of the NACC's investigations would be completed within 12 months.
Can it send people to jail?
Not on its own.
After an investigation, the NACC can refer its subjects to the police if it believes that is necessary. But the police will then have to launch their own probes, with the same threshold for evidence: beyond a reasonable doubt.
That can be controversial. Last week, supporters of Ms Berejiklian were outraged by the NSW ICAC , but not calling for a criminal investigation.
But transparency experts have argued that exposing so-called "grey zone" corruption, which does not necessarily rise to the level of criminality, is actually a vital role for anti-corruption watchdogs. Not all corrupt conduct is a crime, but it's still important for the public to know about it.
"It is precisely in the area where it may not be possible to establish criminal conduct, to the high criminal standard of proof, that the commission's work can be most important in enhancing integrity," Mr Brereton said.
Could it be politicised?
There are concerns the referral process might be weaponised.
Given anyone can make a complaint to the NACC, there is nothing stopping a politician calling for an investigation of a rival and making that public.
But Mr Brereton has put politicians on notice.
"Should it be sought to weaponise the commission through inappropriate and unfounded referrals, I will not hesitate to use the powers [to] make public statements if necessary ... to avoid damage to reputations and to say the referral was inappropriate," he said.
The NACC may even investigate referrals with no chance of finding corruption simply to "clear the air" and publicly exonerate the subject, Mr Brereton said.
We already have some indications on what will be referred, though there is no guarantee the NACC will choose to launch an investigation.
The Greens announced their intention to clients seeking to avoid tax.
Nationals MP Barnaby Joyce claimed the minor party was "already weaponising" the NACC.
"The thing I would be really careful about it would be weaponising things before elections," he told Channel 7 on Monday.
But the Coalition has also flagged its intention to refer the Commonwealth's payout to Brittany Higgins, after revelations her partner David Sharaz had been in contact with now-Finance Minister Katy Gallagher before Ms Higgins' rape allegation was made public.
