Here’s What Is Still Missing From Labor’s ICAC Promise And Why It Matters

A major promise that helped to win Anthony Albanese and the Labor Party the 2022 election back in May was the promise of a federal anti-corruption commission (a federal ICAC). But what exactly does that promise entail and what should we expect from a federal ICAC?

When speaking to undecided voters ahead of the election, Albanese publicly promised that Labor would deliver a “powerful, transparent and independent National Anti-Corruption Commission”.

Labor will deliver a powerful, transparent and independent National Anti-Corruption Commission – one with teeth. And we'll do it this year. We need to restore faith in the political system. pic.twitter.com/bX9YZNWSIn

— Anthony Albanese (@AlboMP) April 20, 2022

In his promise, he declared it would happen this year and would have “teeth”.

The promise to establish an anti-corruption body by the end of the year comes after former Prime Minister Scott Morrison promised to deliver one while PM and, famously, failed to do so.

What Does Labor’s NACC Look Like?

Labor’s version of a federal ICAC is actually going to be called the National Anti-Corruption Commission (NACC, for short).

According to Labor’s official plan, the NACC will have the “independence, resources and powers of a standing Royal Commission into serious and systemic corruption in the federal government”. Specifically, it will be able to independently investigate ministers, public servants,  statutory office holders, government agencies, parliamentarians, and the personal staff of politicians.

Under Labor’s plan, the NACC will be able to operate independently from the government and will have the freedom to investigate corruption off the back of its own initiatives, or after referrals from whistleblowers or the public.

Additionally, it will have the power to investigate corruption allegations that pre-date its establishment. The NACC will have retrospective investigation powers to look into allegations up to 15 years old.

Unlike the Coalition’s plan — which never actually eventuated in an ICAC — Labor’s NACC will also have the power to hold public hearings where the Commission deems it necessary for public interest purposes.

What Is The NACC Still Missing?

While the NACC plan is better than the Coalition’s plan, which never came to fruition, it is not without its own criticism.

The Greens are currently seeking a number of amendments to the bill that would bring Labor’s proposal more in line with the bill put forward by independent MP Helen Haines in the Senate in 2020.

Specifically, The Greens are pushing for whistleblower protections, the ability to investigate private sector stakeholders into the NACC’s remit, and lowering the bar for what constitutes “serious or systemic” corruption.

Basically, the fact that NACC will only be able to investigate allegations of “serious and systemic” corruption raises some red flags because tips from whistleblowers or the public may not be substantial enough to determine a systemic problem — at least without further investigation. By lowering the bar, the idea is that it will ensure NACC is able to properly investigate all claims.

“We have started constructive engagement with the new Labor government and cross bench on the shape of a new federal ICAC to be in place this year,” Greens justice spokesperson David Shoebridge said. “The government’s proposal is a good base but we know that a federal ICAC with teeth also needs real financial independence, very broad powers to cover all corruption and follow promising leads, [and] to be able to protect brave whistleblowers.

“This new parliament has a once-in-a-generation opportunity to create an ICAC that will future-proof the institution from governments that may not be so keen on scrutiny.

“I’m hopeful that with a new parliament, a new government, a bunch of new independents and a much expanded Greens presence that finally the adults are in charge. Where we land with the national ICAC will be the first test of this.”

This will be the first time Labor will be forced to compromise and work with the crossbench of a piece of legislation since taking office earlier this year, and will likely give us a clearer picture as to what the relationship between the government and the crossbench will look like under Albanese.

The Liberal Party Has Also Proposed Changes

Despite the fact that the Liberal Party failed to develop an ICAC in its own tenure, Opposition Leader Peter Dutton recently signalled that the opposition would support the NACC, if it had a broader scope.

Particularly, Dutton wants NACC to have the power to investigate unions. “The reason I think it’s more important than ever is that under this Labor government, under the Albanese government, we are going to have a continuation of this unholy alliance with the CFMEU, the ETU, the MUA and the Labor party,” said Dutton last month.

While Dutton’s wording of an “unholy alliance” sounds grim, his proposal of a broader remit under an anti-corruption commission isn’t exactly a bad thing.