NT Establishes an Independent Anti-Corruption Body
Monday 31 August 2015 @ 11.54 a.m. | Legal Research
On 26 August 2015, NT Attorney-General John Elferink introduced a motion in Parliament that would see an independent person appointed to advise the Territory Government regarding the establishment of an anti-crime commission in the Northern Territory.
Although both the government and Labor opposition had motions proposing two different ICAC models, it was a motion by independent Gerry Wood which was passed by Parliament on the same day.
Details of the New Commission
Less than two weeks ago, Attorney-General John Elferink announced the Government would set up an anti-corruption body "as a consequence of criticism", despite his own opinion that there was no need for one. The body - known as the "integrity group" - would be made up of officials including the ombudsman, auditor-general and head of police - and would investigate how to boost the powers of the Public Interest Disclosures Commissioner, so the role could tackle corruption and misconduct. The group was to provide recommendations by the end of this month.
Under the new proposal by Independent Gerry Wood, the Legislative Assembly would support the following for the operation of a new Independent Commission Against Corruption:
- Support the establishment of an anti-corruption integrity and misconduct commission;
- The parliament resolves, pursuant to section 4(a) of the Inquiries Act, to appoint a person qualified to be a judge in the Supreme Court of the Northern Territory to inquire into and report to the Administrator on the following matter. The establishment of an independent anti-corruption body in the Northern Territory including but not limited to the following considerations:
- the principles and provisions of ICAC and like legislation in other Australian jurisdictions and their applicability to the Northern Territory;
- the appropriate powers such a body should have including but limited to:
- the power to investigate allegations to corruptions including against ministers, members of the Legislative Assembly and other public officials;
- the power to conduct investigations and inquiries into corrupt activities and system-wide anti-corruption reforms as it sees fit;
- the appropriate trigger for an NT ICAC jurisdiction and the relationship between this body and other Northern Territory bodies such as the Ombudsman;
- models from any other jurisdictions;
- the use of existing Northern Territory legislation or Northern Territory statutory authorities; and
- the report will include indicative costs of establishing the various models they put forward.
- The qualified person referred to above will be selected for recommendation to the Administrator of the Northern Territory based on the process outlined for the appointment of a Supreme Court judge in Appendix A of the review of the processes for the appointment of judicial officers in the Northern Territory, with the exception that the panel outlined in the process recommends one instead of two for consideration;
- Note that the qualified persons appointed would consult with relevant stakeholders including, but not limited to, the Northern Territory Police, the Northern Territory Law Society and the Criminal Lawyers Association; and
- The qualified person appointed provides advice and report back to parliament in a timely manner.
Reaction from Parliament and the Public
Attorney-General John Elferink welcomed the decision to step through the process of establishing an independent anti-corruption body in the Northern Territory:
“The independent person will be asked to provide a report by December this year that considers a range of models and indicative costs of establishing an independent anti-corruption and misconduct body...The Government continues to be committed to working together in the best interest of the people of the Northern Territory."
Treasurer Dave Tollner said Australian ICACs were "extraordinarily controversial" and expensive to run:
"There has been a perception created in the community that there are corrupt politicians in the NT...That is wrong, completely wrong; by and large the members from both sides of this chamber are beyond repute."
Labor MP Nicole Manison said the attorney-general's proposal "failed the integrity test", the public wanted a fully independent body "People have absolutely lost trust in this government."
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