Make no mistake,this is an important moment for those of us who value good governance.
The NACC will be an important addition to our democratic infrastructure. Bear in mind the purpose of the NACC is not primarily punitive,its objective is generally to improve integrity in the public sector. The NACC will be empowered to do this through a consultative and educative role,mainly directed at the federal bureaucracy.
The investigative role of the NACC is also important. Where governance has gone wrong,the NACC can open investigations,pursue the truth and – if necessary – conduct public hearings in accordance with procedures well-known to provide procedural fairness. The powers given to the NACC for this purpose are,subject to one matter,ample and appropriate.
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The legislation separates the NACC from political control;it is given a great deal of independence. The funding seems adequate. The parliamentary oversight is measured and appropriate.
The legislation provides for comprehensive whistleblower protection. It also provides – even requires – the NACC to take measures to protect the reputation of persons whose reputation might be damaged because they got caught up in the swirl of an investigation. The NACC is better designed in this respect than any of the other,comparable integrity agencies around Australia.
But is the proposal perfect? Of course not. There are three particular areas of weakness which,with a small amount of tweaking,can further improve the NACC and enhance its capacity to expose and eliminate corruption.