Page 2033 - Week 06 - Wednesday, 6 June 2018
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investigations to determine whether there is evidence to substantiate the complaints. The commission has the power to refer matters to other entities and to follow up on those referrals.
The commission has the power to employ staff and engage individuals. The commission has the power to inform itself on matters as it deems appropriate, including developing its own guidelines. The commission has the power to conduct public and private examinations in a manner which it deems appropriate and in the public interest with regard to human rights and natural justice. And the commission has the power to decline to report on matters it finds not to be in the public interest or that are better kept confidential.
The commission has similar powers in its own right to the Auditor-General. However, it must go through judicial officers outside those powers. The laws will give the anti-corruption commission power to obtain documents, subpoena witnesses, require search and arrest warrants, seize evidence relevant to a search warrant, and conduct public and private hearings.
Madam Speaker, as you will see from page 25 of the explanatory statement, we have gone to great lengths to ensure that all recommendations of the Assembly inquiry have been adhered to. While each recommendation from the report is important, I would like to take a few moments to focus on key recommendations and provide further context to some of those important concepts.
Corrupt conduct is conduct that could constitute or involve a criminal or disciplinary offence or provide reasonable grounds for terminating the services of a public official. In the case of ministers or members of this place, corrupt conduct may constitute or involve a substantial breach of the applicable code of conduct, or cause a reasonable person to believe that it would bring the integrity of the office of the minister or MLA into serious disrepute.
Importantly, conduct may amount to corrupt conduct regardless of whether the conduct happened before the commencement of this bill, or if some or all of the effects or other matters occurred before commencement. Additionally, the bill applies regardless of whether the person is no longer a public official or was not a public official at the time the conduct happened if the conduct was in relation to the exercise of the person’s functions after becoming a public official.
The terms “public authority” and “public official” have been given a broad scope to include both public sector personnel and entities as well as non-public sector entities, including contractors and consultants, to the extent that they perform a public function or are engaged to provide public services. This ensures that all levels and connections to the public sector are covered by the bill.
An individual performing an official function on behalf of the government should not avoid scrutiny simply because they are a contractor. While there are already misconduct and investigative mechanisms in place within the public service, it is appropriate that the legislation augments these processes to ensure consistency and
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