Nile Supports the Strengthening of ICAC and the Office of Inspector
The Rev Fred Nile MLC, a member of the Committee on the Independent Commission Against Corruption has supported legislation that strengthens ICAC and the Office of Inspector, calling on the Government to ensure both have adequate resources to discharge their duties effectively.
“The Christian Democratic Party supports the Independent Commission Against Corruption Amendment (Operations Review Committee) Bill. The bill has a simple objective: to abolish the Operations Review Committee of the Independent Commission Against Corruption [ICAC]. The committee's primary role was to advise the Independent Commission Against Corruption on decisions not to investigate a complaint or to discontinue an investigation. In January 2005 Mr McClintock reviewed the Independent Commission Against Corruption Act and recommended that the Operations Review Committee be abolished and that an office of the ICAC inspector be created. The Government established the Office of the Inspector of the Independent Commission Against Corruption, and that office commenced operation on 1 July 2005. The inspector's principal functions are to audit the ICAC's operations, deal with complaints about the ICAC, and review ICAC procedures. The inspectorate has now operated for almost 12 months”, stated Rev Fred Nile.
“The Government has introduced this legislation believing it is appropriate to implement Mr McClintock's recommendation and to abolish the Operations Review Committee. Mr McClintock's report stated that the inspectorate would provide a structurally superior form of accountability because the inspector would have greater access to ICAC records and, most importantly, would be completely independent. The chair of the Operations Review Committee is the Commissioner of the ICAC and the inspector reports to the Parliament. Obviously, the inspector does not have the same function as the Operations Review Committee. However, it is hoped he will achieve similar outcomes by ensuring that the ICAC's practices and procedures are effective. In particular, if there is a change in the pattern of complaints about the ICAC's decisions, the inspector can initiate an audit.
I am a member of the Committee on the Independent Commission Against Corruption, which supervises the ICAC, and I have attended a number of meetings at which the inspector has briefed committee members and kept them up to date with the establishment of his office, its staffing and the fit-out. The inspector has been very open to suggestions from the parliamentary committee. However, I have been concerned that he may not have the resources he requires to carry out his role effectively. As I said, I have a concern because I believe that, through the establishment of the office of the inspector and the abolition of the Operations Review Committee, the Government intends that in due course the inspector will effectively take over the committee's role. There appears to be a gap between the structure of the inspector's office and the structure of the Operations Review Committee. The committee's primary role was to advise the ICAC before it made a decision not to investigate a complaint or to discontinue an investigation.
As far as I can assess as a result of attending the briefings given by the inspector, he will be required to respond to complaints from people who are unhappy with the way the ICAC has dealt with their complaint. Whereas the Operations Review Committee was able to investigate a complaint, or the termination of an investigation, and to advise the ICAC in that area, it appears that the inspector will respond to complaints from people who are affected by the ICAC's efficiency, its tardiness in responding to a complaint, or its failure to respond to a complaint. There appears to be a loophole that could be easily addressed if the ICAC were required to advise the inspector in the same way that it was required to advise the Operations Review Committee about any decision not to investigate a complaint or to discontinue an investigation. Perhaps that could be achieved by introducing a regulation to ensure that that information is conveyed to the inspector. It may be possible to do that through a Minister's directive to the ICAC.
As I said, as distinct from the Operations Review Committee, the inspector's principal functions are to audit the ICAC's operations and deal with complaints, but those complaints must be lodged by a member of the public. The inspector also has the ability to review the ICAC's procedures.
If the powers of the Operations Review Committee were to be clearly transferred to the inspector where there is a gap—and I believe there is—it would help the inspector to be more effective. I would be concerned if there were any future attempt to limit the powers of the ICAC, to frustrate its activities or to reduce its funding. I believe that the ICAC performs an important role and to do so it must have adequate funding. I know that there has been some tension over the years with various ICAC commissioners who believed that if the Government was not happy with them it would be reflected in the way in which the Government allocated funds for the ICAC in the budget. I urge the Government to give its full support to the ICAC and to ensure that the inspector, if necessary—and I believe it is necessary—is given any additional powers that the Operations Review Committee has, so that the inspector can do a full and comprehensive job”, Rev Nile said.