Minority report by the Australian Democrats
1.1
The Democrats agree with the evidence as presented in the
Chair's report.
1.2
We commend the Chair and the Secretariat for their
efforts.
1.3
The Democrats applaud any moves to reduce corruption
within Government law enforcement agencies and believe that the Law Enforcement
Integrity Commissioner Bill 2006 is an important step in the protection of the
integrity of our law enforcement agencies.
1.4
The Democrats are dismayed at the lack of jurisdiction
given to the Integrity Commissioner.
1.5
Corruption can be an unfortunate side effect of power
and responsibility and has the potential to pervade any area where that power
and responsibility is exercised. It is crucial to responsible government that
all measures are taken to prevent corruption occurring and the Federal
Government should lead by example.
1.6
The Democrats believe that the proposed Integrity
Commission should be given general jurisdiction to investigate all Commonwealth
agencies with law enforcement functions as is currently the case in New
South Wales, Queensland
and Western Australia and their
respective agencies.
1.7
Dr A.J.
Brown, Senior
Lecturer and Senior Research Fellow at Griffith
University stated;
Unless broadened, the restricted jurisdiction of the proposed
Integrity Commission will represent a missed opportunity to properly strengthen
the public integrity regimes of the Commonwealth Government in a manner which
comparative research indicates in now overdue.[215]
1.8
The benefits of widening the jurisdiction of the
Commission were also recognised by the Commissioner for the Australian Federal
Police who stated:
If
we are serious about this, and if it is not just a quick fix, then the AFP
could benefit in its investigations if the ACLEI had a wider remit than what is proposed in the bill.[216]
1.9
Recognising that preventative measures are preferable
to punitive measures, the Democrats believe that the Bill
should encourage corruption resistance measures and training to become a
substantive part of the Commission's function.
1.10
In order to maintain fair and equitable standards the
Democrats believe that officers who receive disciplinary measures should have
some form of appeals process available to them, especially in the instance of
dismissal.
Recommendation 1
That the scope of the Integrity Commission's jurisdiction be
broadened to encompass other law enforcement agencies such as the Australian
Taxation Office, the Australian Customs Service, the Australian Securities and
Investment Commission and the Department of Immigration.
Recommendation 2
That more specific provisions are introduced into the Bill
in order to establish a corruption resistance regime within the Integrity
Commission.
Recommendation 3
That an independent tribunal or review board be set up to deal
with any serious grievances a member of the AFP may have with regard to their
employment in order to bring the AFP in line with other State police forces.
Senator
Natasha Stott Despoja
Australian Democrats
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