This is going to be an open, merits-based process of appointment for this Commissioner and the Deputy Commissioners and the Inspector because they’re all statutory positions created by this bill. Will you consult the Opposition on appointing the Commissioner?ĪTTORNEY-GENERAL: Yes, and we will consult across the Parliament. SPEERS: Let me ask you a few other details about this. All of those are reasons why an anti -corruption commission like this is not going to complete its inquiry.
#GLADYS BEREJIKLIAN TRIAL#
We’ve been waiting a long time for the report, which as I understand it, is about to be delivered.ĪTTORNEY-GENERAL: I think it’s undesirable that inquiries drag on and on, but I can point to instances, for example, where you are waiting for a criminal trial that is connected to be completed why you wouldn’t want to bring to an end investigations, where you’re still pursuing inquiries for a whole range of reasons where you know someone’s about to be charged. I can understand why, in order to show the people of New South Wales what had been occurring, that the Commissioner decided to do that. Can I ask you, the most recent high profile case of the New South Wales ICAC, Gladys Berejiklian, should that have been a public hearing in your view?ĪTTORNEY-GENERAL: Well, it’s a matter for the Commissioner and what we saw there is there had been literally dozens of private hearings conducted before they got to what seemed to be the end of the process, a spectacular public hearing.ĪTTORNEY-GENERAL: The Commissioner decided that it was. SPEERS: A lot of people have debated this week what is exceptional circumstances, what should and shouldn’t be public or private. I don’t think that that is going to necessarily provide an opportunity for litigation.ĪTTORNEY-GENERAL: Some legal experts think this is exactly right and others have expressed the contrary view and that’s what’s going to be talked about in the committee process that we’re about to have.
Yes, there’s an indication as to the kinds of things that the Commissioner has to look at. I’m not so sure that it’s an open discretion. SPEERS: This gives them something to go to court with, having exceptional circumstances.ĪTTORNEY-GENERAL: I’m not about to give legal advice here on national TV.
That they can’t go off and tie up the Commission in litigation. There’s a lot in this bill that’s designed to make sure that people who are trying to escape from an investigation won’t be able to. People called before the Commission will go to the courts and say look, it says in the law exceptional circumstances, I want a private hearing thank you very much.ĪTTORNEY-GENERAL: I’ve been very conscious in preparing this bill of the experience of a number of the state and territory commissions which have got tied up in court processes designed to interfere with getting to the corruption that’s the object that this one is talking about. SPEERS: There are some who are concerned, including retired judges who’ve been campaigning on this issue, that having that exceptional circumstances in the law means that this will be subject to legal challenge. I’m looking forward, as you just said on the couch, I’m looking forward to the hearings that are going to be held and the submissions we’re going to receive in this Parliamentary committee process which is about to start next week.
We think we’ve got the balance right and I’ve been very heartened by the overwhelming support we’ve actually got, it seems, across the Parliament for the model we’ve put forward. ATTORNEY-GENERAL: We think it’s good to give an indication.
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