Showing posts with label National Anti-Corruption Commission. Show all posts
Showing posts with label National Anti-Corruption Commission. Show all posts

Saturday, 15 June 2024

Cartoons of the Week

 

Cathy Wilcox


David Rowe


First Dog On The Moon


Cathy Wilcox


Posted by clarencegirl at 00:15 0 comments
Labels: , , , ,

Friday, 14 June 2024

NACCered: a brief look at the immediate repercussions of the National Anti-Corruption Commission decision not to pursue Robodebt Royal Commission referrals but instead focus on ensuring lessons learnt

 

The public reaction to the National Anti-Corruption Commission (NACC) announced decision - to dismiss those referrals of corruption findings received from the Royal Commission into the Robodebt Scheme - was immediate and an intense mix of emotions dominated by shock, disbelief, distress, worry and anger.


The tone and wording of NACC's media release was frequently viewed as insulting, arrogant and divorced from reality.


These are the reasons originally given by the NACC for not investigating those six person referred to it by the Royal Commission.....


National Anti-Corruption Commission decides not to pursue Robodebt Royal Commission referrals but focus on ensuring lessons learnt


Media Releases

Published: 6 Jun 2024


On 6 July 2023, the National Anti-Corruption Commission (Commission) received referrals concerning six public officials from the Royal Commission into the Robodebt Scheme (Robodebt Royal Commission) pursuant to section 6P(2B) of the Royal Commissions Act 1902 (Cth).


The Commission has carefully considered each referral and reviewed the extensive material provided by the Robodebt Royal Commission, including its final report, and the Confidential Chapter.


The Commission has become aware that five of the six public officials were also the subject of referrals to the Australian Public Service Commission (APSC).


The Commission is conscious of the impact of the Robodebt Scheme on individuals and the public, the seniority of the officials involved, and the need to ensure that any corruption issue is fully investigated.


However, the conduct of the six public officials in connection with the Robodebt Scheme has already been fully explored by the Robodebt Royal Commission and extensively discussed in its final report. After close consideration of the evidence that was available to the Royal Commission, the Commission has concluded that it is unlikely it would obtain significant new evidence.


In the absence of a real likelihood of a further investigation producing significant new evidence, it is undesirable for a number of reasons to conduct multiple investigations into the same matter. This includes the risk of inconsistent outcomes, and the oppression involved in subjecting individuals to repeated investigations.


In deciding whether to commence a corruption investigation, the Commission takes into account a range of factors. A significant consideration is whether a corruption investigation would add value in the public interest, and that is particularly relevant where there are or have been other investigations into the same matter. There is not value in duplicating work that has been or is being done by others, in this case with the investigatory powers of the Royal Commission, and the remedial powers of the APSC.


Beyond considering whether the conduct in question amounted to corrupt conduct within the meaning of the Act and, if satisfied, making such a finding, the Commission cannot grant a remedy or impose a sanction (as the APSC can). Nor could it make any recommendation that could not have been made by the Robodebt Royal Commission. An investigation by the Commission would not provide any individual remedy or redress for the recipients of government payments or their families who suffered due to the Robodebt Scheme.


The Commission has therefore decided not to commence a corruption investigation as it would not add value in the public interest. However, the Commission considers that the outcomes of the Robodebt Royal Commission contain lessons of great importance for enhancing integrity in the Commonwealth public sector and the accountability of public officials. The Commission will continue through its investigation, inquiry, and corruption prevention and education functions, to address the integrity issues raised in the final report, particularly in relation to ethical decision making, to ensure that those lessons are learnt, and to hold public officials to account.


In order to avoid any possible perception of a conflict of interest, the Commissioner delegated the decision in this matter to a Deputy Commissioner.


The Commission will not be making further comment.


A brief look at the response to that decision on social media platform X more familiarly known as Twitter....


 

 

 

 

 

 

 

 


An example of media reporting of the developing situation, as reported by Crikey on Thursday 13 June 2024:


A NACC that ignores robodebt is no NACC at all


It took the federal anti-corruption watchdog a year to decide to do nothing on robodebt, and a few hours to realise it faced a public relations disaster. What it had failed to see was that its inaction would outrage more than just the direct victims of the Coalition’s illegal scheme, writes Michael Bradley. It would outrage any Australian fed up with a political system we no longer have any trust in.


Another example of mainstream media's account of NACC's response including a statement by the Inspector of the National Anti-Corruption Commission, as reported by ABC News on 13 June 2024:


The National Anti-Corruption Commission (NACC) will be asked to explain why it refused to launch a fresh probe into the Robodebt scandal, after the watchdog's watchdog received nearly 900 complaints about the decision.


The Inspector of the National Anti-Corruption Commission, tasked with overseeing the agency's operations and conduct, has announced it will start its own inquiry into the matter.......


Inspector Gail Furness SC said her office had received nearly 900 complaints after the NACC made its ruling.


"Many of those complaints allege corrupt conduct or maladministration by the NACC in making that decision," she said in a statement.


"I also note that there has also been much public commentary.


"Accordingly, I have decided to inquire into that decision. I anticipate that I will make my findings public in due course."....



NOTE


Inspector of the National Anti-Corruption Commission website as at 13 June 2024:


Roleof the Inspector

The Inspector’s role is to:

  • detect corrupt conduct in the National Anti-Corruption Commission (NACC)

  • undertake preliminary investigations into NACC corruption issues

  • undertake investigations into NACC corruption issues that could involve corrupt conduct that is serious or systemic. ‘Serious or systemic’ means something that is significant, something more than negligible or trivial but it does not have to be severe or grave. Systemic means something that is more than an isolated case, it involves a pattern of behaviour or something that affects or is embedded in a system

  • refer NACC corruption issues to the NACC, Commonwealth agencies and State or Territory government entities

  • investigate complaints of maladministration or officer misconduct by the NACC or a staff member of the NACC. The Inspector cannot deal with complaints about any other agency or its staff provide relevant information and documents to the Parliamentary Joint Committee on the NACC 

  • receive public interest disclosures under the Public Interest Disclosure Act 2013

  • audit the NACC to monitor compliance with the laws of the Commonwealth

  • report to Parliament on the outcomes of the Inspector’s activities.
Posted by clarencegirl at 00:15 0 comments
Labels: , , , , ,

Friday, 7 June 2024

NATIONAL ANTI-CORRUPTION COMMISSION STATE OF PLAY June 2024: When a opaque national anti-corruption body is structured with a deliberate lack of transparency then this type of scenario is almost guaranteed to play out

 

The National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022 passed both houses of the Australian Parliament on 30 November 2023 after the government accepted 38 amendments - 36 originating in the House of Representatives and 2 in the Senate.


So on 12 December 2022 the NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 received the Governor-General's assent and the National Anti-Corruption Commission (NACC) was born.


The NACC is apparently overseen by the Parliamentary Joint Committee on the National Anti-Corruption Commission (PJC-NACC) (current membership composition 6 ALP, 4 Coalition, 1 Greens & 1 Independent) and an Inspector of the National Anti-Corruption Commission (the Inspector).


Its jurisdiction limited to the federal public service, its day-to-day activities opaque and lacking any real transparency, it blithely produces meaningless stripped statistics such as this excerpt from a Media Alert concerning NACC Referral and assessment from 1 July 2023 to 2 June 2024:


"At the end of the reporting period, the Commission had:

  • received 3023 referrals

  • excluded 2350 referrals at the triage stage because they did not involve a Commonwealth public official or did not raise a corruption issue

  • 139 referrals awaiting triage

  • 257 triaged referrals under assessment including 22 under preliminary investigation

  • assessed 260 referrals, in respect of which the Commission:

* decided to take no further action in 247 cases. Typically, this is because the referral does not raise a corruption issue, or there are insufficient prospects of finding corrupt conduct, or the matter is already being adequately investigated by another agency, or a corruption investigation would not add value in the public interest. [my yellow highlighting]

* referred 9 corruption issues to agencies for investigation or consideration.

* decided to investigate 19 corruption issues itself.

* decided to investigate 6 corruption issues jointly with another agency.


So it should come as no surprise that the NACC produced this on its News and Media webpage on Thursday, 6 June 2024:


NationalAnti-Corruption Commission decides not to pursue Robodebt RoyalCommission referrals but focus on ensuring lessons learnt


Media Releases

Published:

6 Jun 2024


On 6 July 2023, the National Anti-Corruption Commission (Commission) received referrals concerning six public officials from the Royal Commission into the Robodebt Scheme (Robodebt Royal Commission) pursuant to section 6P(2B) of the Royal Commissions Act 1902 (Cth).


The Commission has carefully considered each referral and reviewed the extensive material provided by the Robodebt Royal Commission, including its final report, and the Confidential Chapter.


The Commission has become aware that five of the six public officials were also the subject of referrals to the Australian Public Service Commission (APSC).


The Commission is conscious of the impact of the Robodebt Scheme on individuals and the public, the seniority of the officials involved, and the need to ensure that any corruption issue is fully investigated.


However, the conduct of the six public officials in connection with the Robodebt Scheme has already been fully explored by the Robodebt Royal Commission and extensively discussed in its final report. After close consideration of the evidence that was available to the Royal Commission, the Commission has concluded that it is unlikely it would obtain significant new evidence.


In the absence of a real likelihood of a further investigation producing significant new evidence, it is undesirable for a number of reasons to conduct multiple investigations into the same matter. This includes the risk of inconsistent outcomes, and the oppression involved in subjecting individuals to repeated investigations.


In deciding whether to commence a corruption investigation, the Commission takes into account a range of factors. A significant consideration is whether a corruption investigation would add value in the public interest, and that is particularly relevant where there are or have been other investigations into the same matter. There is not value in duplicating work that has been or is being done by others, in this case with the investigatory powers of the Royal Commission, and the remedial powers of the APSC.


Beyond considering whether the conduct in question amounted to corrupt conduct within the meaning of the Act and, if satisfied, making such a finding, the Commission cannot grant a remedy or impose a sanction (as the APSC can). Nor could it make any recommendation that could not have been made by the Robodebt Royal Commission. An investigation by the Commission would not provide any individual remedy or redress for the recipients of government payments or their families who suffered due to the Robodebt Scheme.


The Commission has therefore decided not to commence a corruption investigation as it would not add value in the public interest. However, the Commission considers that the outcomes of the Robodebt Royal Commission contain lessons of great importance for enhancing integrity in the Commonwealth public sector and the accountability of public officials. The Commission will continue through its investigation, inquiry, and corruption prevention and education functions, to address the integrity issues raised in the final report, particularly in relation to ethical decision making, to ensure that those lessons are learnt, and to hold public officials to account.


In order to avoid any possible perception of a conflict of interest, the Commissioner delegated the decision in this matter to a Deputy Commissioner. [my yellow highlighting]


The Commission will not be making further comment.


For the record the current NACC deputy commissioners appear to be Ms Nicole Rose PSM, Dr Ben Gauntlett and Ms Kylie Kilgour. So it was with one of these individuals that NACC Commissioner Hon Paul Brereton AM RFD SC decided to play 'pass the parcel.


Pundits have already coined a term to cover the public reaction to National Anti-Corruption Commission decisions - Being NACCered.


The reaction of one of a handful of reputable journalists who followed the Royal Commission into the Robodebt Scheme proceedings:


Posted by clarencegirl at 00:15 0 comments
Labels: , ,

Monday, 11 March 2024

STATE OF PLAY AUSTRALIA 2024: anti-corruption agencies with runs on the board & the new kid on the block


 With corruption perceived as thriving around the world and Australia showing a worsening corruption level with a 10 point change in the wrong direction since 2012, according to Transparency International, it would be nice to see some improvement on the horizon.


In its 2023 report it seems Australia is not showing any such improvement on CPI results in the previous 2022 report. Although in all fairness, on a global scale the nation is not ranked as a high range offender.


Nevertheless, on the Australian east coast alone, four states and one territory published reports on a combined 73 corruption/integrity investigations in the 18 months between 1 July 2022 and 31 December 2023. [See "BACKGROUND"]


So I'm hoping that the slow progress of the first seven months of the National Anti-Corruption Commission (NACC) only indicates a new anti-corruption agency finding its way and, next year the general public will begin to see at least a hint that some of its 13 current investigations are nearing conclusion. Most especially, I'm hoping that Commissioner Brereton publishes the results of all completed investigations which found corrupt conduct.


Because I can see no good reason why the misdeeds of federal public officials/public servants should be afforded a total secrecy not afforded to their state and local government counterparts or any ordinary citizen.


On 5 March 2024 NACC released its regular weekly update for the reporting period: 1 July 2023 to midnight Sunday, 3 March 2024.


Overview


The National Anti-Corruption Commission:


  • has received 2594 referrals

  • has 376 referrals currently under assessment including 13 under preliminary investigation

  • is conducting 13 corruption investigations

  • is overseeing or monitoring 25 investigations by other agencies


Referral and assessment


At the end of the reporting period, the Commission had:


  • received 2594 referrals

  • excluded 2009 referrals at the triage stage because they did not involve a Commonwealth public official or did not raise a corruption issue

  • 160 referrals awaiting triage

  • 216 triaged referrals under assessment including 13 under preliminary investigation

  • assessed 233 referrals, in respect of which the Commission:

      • decided to take no further action in 213 cases. Typically, this is because the referral does not raise a corruption issue, or there are insufficient prospects of finding corrupt conduct, or the matter is already being adequately investigated by another agency, or a corruption investigation would not add value in the public interest.

      • referred 5 corruption issues to agencies for investigation or consideration.

      • decided to investigate 9 corruption issues itself.

      • decided to investigate 4 corruption issues jointly with another agency.


BACKGROUND


In New South Wales out of the five investigation reports published by Independent Commission Against Corrupt Conduct (NSW ICACC) in 2023, four found seriously corrupt conduct involving members of state parliament, elected local government officials, public authority employees or property developers. While in 2022 four out of five investigation reports published found seriously corrupt conduct involving members of state parliament, political lobbyists, public servants, legal practitioners or land council employees.


In 2022-23 the Queensland Crime and Corruption Commission (CCC) received 3,931 corruption complaints and assessed 3,686 corruption complaints. Finalising 39 corruption investigations, resulting in two criminal charges and seven recommendations for disciplinary action.


In 2022-23 the Victorian Independent Broad-based Anti-corruption Commission (IBAC) began 11 investigations and 18 preliminary inquiries into public sector corruption and police misconduct. It also completed 14 investigations and 12 preliminary inquiries, with 18 investigations and preliminary inquiries still in progress at the end of that financial year.


Also in 2022-23 the ACT Integrity Commission worked on 13 investigations, including two new investigations. It also referred 9 matters:

  • six referrals to the Public Sector Standards Commissioner

  • one referral to ACT Corrective Services

  • one referral to ACT Health

  • one referral to the Justice and Community

    Safety Directorate.


In 2023 the Tasmanian Integrity Commission released two reports on the potential for bias and conflict of interest in local government hiring practices.



Posted by clarencegirl at 00:15 0 comments
Labels: , , , , , ,

Friday, 11 August 2023

The newly created National Anti-Corruption Commission (NACC) currently has 157 referrals in the second stage of assessment in August 2023 with another 87 referrals waiting assessment

 

It seems that the NACC is off and running and its recent media release is of more than passing interest to those into guessing names.


Given that the Report to the Inquiry into the Robodebt Scheme recommended the referral of individuals for civil action or criminal prosecution, with the relevant parts of the additional (sealed) chapter of the report being submitted to heads of various Commonwealth agencies; the Australian Public Service Commissioner, the National Anti-Corruption Commissioner, the President of the Law Society of the Australian Capital Territory and the Australian Federal Police.


Australian Government, National Anti-Corruption Commission (NACC), Media Alert, 8 Aug 2023:


The National Anti-Corruption Commission provides the following update on the number of referrals received to date.


From 1 July to close of business on Monday 7 August 2023, the Commission received 587 referrals.


Approximately 13% of the referrals relate to matters well publicised in the media.


Assessment of referrals


The Commission continues to assess referrals. Assessment is a process by which the Commission considers first whether the referral is in its jurisdiction and raises a corruption issue, and secondly, whether and if so how to investigate the issue raised by the referral.


Since 1 July 2023, the number of referrals assessed to be outside the Commission’s jurisdiction (as they did not involve a Commonwealth public official) is 76. The number of referrals assessed as not raising a corruption issue is 183.


There are currently 157 referrals in the second stage of assessment.


There are 87 referrals waiting to be assessed.


The Commission’s assessment policy is available on its website at How the NACC assesses corruption issues.


The Commission is appreciative of the high level of interest and referrals it has received so far. We will continue to reach out to individual referrers where we need additional information, or to let them know if we have decided not to proceed further.


If you wish to make a report about a corruption issue in the Commonwealth public sector, visit nacc.gov.au or call 1300 489 844. 


A previous NAAC media release dated 5 July 2023 had informed that:


This broad scope to make referrals has meant the following matters have already been referred to the NACC for possible investigation:


  • PwC’s recent tax leaks scandal involving their government consulting arm

  • referrals resulting from the Robodebt Royal Commission after Commissioner Catherine Holmes requested a one-week extension for the inquiry’s reporting date to enable her to make a direct referral to the NAAC [my yellow highlighting]

  • Stuart Robert and his alleged involvement in the Synergy 360 misappropriation of taxpayer funds

  • Scott Morrison and the secret ministries he swore himself into

  • the Defence Department’s Hunter-class frigate program

  • the former Morrison government and the funding of the Community Health and Hospitals Program

  • former cabinet minister, Bridget McKenzie, and her handling of the Community Sport Infrastructure Grant Program.



Posted by clarencegirl at 00:15 0 comments
Labels: , , , ,

Monday, 24 July 2023

A thought on the tardiness of a former prime minister.......


Liberal Opposition backbench MP for Cook & former prime minister Scott Morrison does not appear to have returned to Australia as yet. 

Having departed this country around 16-18 June 2023 and, studiously remained overseas for the tabling and publication of the damning Report of the Royal Commission into the Robodebt Scheme, he is running out of reasons to continue to avoid his own and the national electorate in his 5th week of a holiday jaunt.

Both houses of parliament resume sitting on Monday 31 July so perhaps he will have found some courage tucked away along with a souvenir from the Acropolis in a pocket of his suitcase and will be back in Canberra by then.

A reminder of how unfondly he has been regarded for many years now.....  



 

Posted by clarencegirl at 00:15 0 comments
Labels: , , ,
Subscribe to: Posts (Atom)