Integrity commission calls for expanded corruption definition to better cover ACT's politicians

Investigation activity has grown by 200 per cent in the last year, even though the commission has not released a report since it was established more than two years ago.

The commission's annual report said the number of reports it received that had progressed to an investigation had increased, which could indicate people making reports better understood the commission's role.

However, the commission said the ACT government should amend the laws to better cover the conduct of members of the Legislative Assembly.

The current definition of corrupt conduct would require a criminal offence to cover politicians' corruption, which was too narrow.

"There is a wide range of serious misconduct constituting a breach of public trust that may require examination by the commission which does not amount to a criminal offence," the commission's annual report said.

"Serious breaches of the applicable code of conduct would appear to fall into this category. The commission recommends that the definition be expanded accordingly."

No complaints have been made about current or former ACT cabinet ministers.

Integrity Commissioner Michael Adams QC said the commission was still in the process of development and had yet to reach full capacity.

"Although not all of its work can take place in the public eye, the community will see, as the commission moves forward with increased resources, the positive effect its activities will have in combating corruption, increasing the capacity of the public service to deal with wrongdoing and providing increased assurance of the integrity of its public servants," Mr Adams wrote in the annual report.

The commission also wants to expand its powers to compel witnesses to provide documents and information during examinations.

The commission wants the power to summons a witness and take evidence from them in the course of a hearing or examination, which it currently cannot do.

"It is conventional in court proceedings for the court to have the power to order any person in the court, including a witness, to produce any document or thing in their possession that might be relevant to their evidence or issues in the case. This is a plainly useful power," the commission said.

But the commission has dialled back its desire to do away with legal privilege between private individuals, and instead wants it abrogated for public officials.

"Communications with lawyers are simply part of the executive functioning of government which necessarily cannot be kept secret from the body charged with the responsibility of ensuring integrity," the commission said.

The commission, which was established in 2019, said its legislation should be amended so public officials or entities cannot claim legal privilege for documents obtained or purported to be obtained when undertaking public duties or with government money.

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The commission conducted nine corruption investigations in 2020-21 and carried out 12 preliminary inquiries. None of the corruption investigations had been completed by June 30.

Five of the nine corruption investigations included allegations of corrupt decision making, but matters also included purported instances of unlawful activity, corrupt influence, collusion and maladministration.

One investigation begun in 2020-21 was started on the initiative of the commission, which can investigate matters if it suspects on reasonable grounds the matter involves corrupt conduct.

The commission held 11 private examinations across 10 days in the reporting period, and issued 27 examination summonses.

The commission did not exercise its covert information gathering powers in the reporting period, but noted it continued to call for changes to ACT and Commonwealth laws to allow it to tap phones as part of investigations.

The commission received 85 corruption complaints in the reporting period, along with 37 mandatory corruption notification. The commission received five disclosures of disclosable conduct.

The number of corruption reports in 2020-21 was a 36 per cent increase on the number received in 2019-20. "This increase can be largely attributed to an increase in mandatory corruption notifications by public officials," the commission said.

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The commission dismissed 84 corruption reports in 2020-21. It took 47 days on average to assess a corruption report and 39 days on average to assess a corruption complaint.

"The commission assesses all corruption reports to determine whether to dismiss, investigate or refer matters," the commission said.

Mr Adams told ACT budget estimates in October the commission had no plans to hold public hearings as part of current investigations, but would soon begin publishing anti-corruption reports.

The commission was working on four reports, two of which were "quite substantial", he said.

Mr Adams also said government procurement as a systemic issue could be considered by the commission.

"I am prepared to disclose that procurement is on our table as an important question," he said

The commission will also increase its staff, including employing extra people for its legal team, which Mr Adams said was presently "completely inadequate".

"It's simply that we don't have the resources, and everybody has to muck in because the work's got to be done," he said.

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