List of Recommendations

Recommendation 1

1.471

The Committee recommends that clause 31 of the NACC Bill be amended to expressly extend the protection of journalists’ sources to all staff within the relevant news organisation with knowledge of the informant’s identity.

Recommendation 2

1.472

The Committee recommends that the Attorney-General consider expanding the remit of the Inspector to include a pro-active audit function limited to the review of the NACC’s use of coercive powers.

Recommendation 3

1.473

The Committee recommends that words to the following effect be inserted in clause 40(1)(b) of the NACC Bill:

1.474

‘The Commissioner may deal with a corruption issue that:

is referred to the Commissioner; or

the Commissioner becomes aware of in any other way, including that the Commissioner may deal with a corruption on their own initiative.’

Recommendation 4

1.475

The Committee recommends that the Attorney-General consider including a provision in the NACC Bill in similar terms to those identified in the equivalent South Australia and New South Wales legislation, permitting the disclosure of information which is otherwise subject to a non-disclosure notation to a medical practitioner or psychologist.

Recommendation 5

1.476

The Committee recommends that clause 8(1)(e) be removed from the NACC Bill.

1.477

The Committee also recommends that for the avoidance of doubt, the Explanatory Memorandum be clarified to identify that the examples of potentially corrupt conduct described therein fall within the clause 8(1)(a) – (d) limbs.

Recommendation 6

1.478

The Committee recommends that the Attorney-General give consideration to an amendment to clause 159(2) of the NACC Bill, to require the Commissioner to advise a person of the outcome of a corruption investigation if the Commissioner investigates the conduct of the person and has formed the opinion or made a finding that the person has not engaged in corrupt conduct.

1.479

Consideration should be given to whether this should be qualified so that if a person is subject to multiple ongoing investigations, the Commissioner is not obliged to provide the report in those circumstances.

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