Premier corruption probe 'unlikely' in another state

Perth Now

3 days ago

The highly publicised corruption probe into former NSW premier Gladys Berejiklian would likely not have been possible in another state.
NSW Independent Commission Against Corruption boss John Hatzistergos made the claim on Monday at a parliamentary inquiry into the adequacy of its Victorian counterpart's legislative framework.
Under Victoria's "limited" definition of corrupt conduct, Mr Hatzistergos said it was unlikely the Independent Broad-based Anti-corruption Commission would have investigated or made findings against Ms Berejiklian.
The ICAC chief commissioner told the inquiry the conduct exposed by Operation Keppel was "quite serious".
"You can read the report and form your own views as to whether or not it's appropriate for that sort of conduct to be allowed to go without appropriate intervention from your corruption commission," he said.
Operation Keppel uncovered the secret "close personal relationship" between Ms Berejiklian and former Wagga Wagga MP Daryl Maguire in a bombshell public hearing in October 2020.
Mr Maguire resigned from NSW parliament in 2018 after ICAC began investigating his improper use of his role as an MP to benefit a company in which he had a financial interest.
ICAC extended the investigation to include the premier in October 2021, prompting her resignation, and later found she engaged in serious corrupt conduct and breached public trust.
The NSW Court of Appeal rejected Ms Berejiklian's attempt to clear her name in July 2024.
Mr Hatzistergos pointed out ICAC required a majority of its three commissioners, including himself as chief commissioner, to support a public hearing for one to proceed.
A public hearing has never occurred after a 2-1 vote, the former NSW attorney-general said.
"It's always been 3-0," Mr Hatzistergos told the Integrity and Oversight Committee.
"That doesn't mean that we don't take reputations into account."
Victoria's IBAC Act states an examination can only be held in public if there are "exceptional circumstances" or if it is in the public interest and won't cause "unreasonable damage" to a person's reputation, safety or wellbeing.
Mr Hatzistergos said there was no threshold for exceptional circumstances for ICAC, with public interest the "principle" requirement.
The commission must also focus on "serious and systemic" corruption.
The IBAC Act's definition of "corrupt conduct" requires it to constitute a criminal offence.
Former IBAC commissioner Robert Redlich told the inquiry the Victorian and NSW watchdogs, the Law Institute, Victorian Bar and independent think tanks spoke with "one voice" in favour of expanding the definition.
"The words at the end of section 4 of the definition should be removed so all of that 'grey corruption' can be addressed," he said.
In his submission, Mr Redlich said the current definition provided a "safe haven for politicians and public officers".
"We have serious questions that continue to be raised about whether or not the public sector still continues to place, first and foremost, (providing) frank and fearless advice ... to their minister," he said.
"The scope for soft corruption has increased because of the nature of executive government."
Mr Redlich, whose five-year term leading the Victorian watchdog ended in December 2022, also wants the "exceptional circumstances" provision for public hearings dumped.