“We will more likely be interested in investigating matters that have current practical relevance,rather than those that are historic,” Brereton said.
He laid out a series of relevant considerations that would guide the commission’s judgement,including whether other inquiries or investigations in the matter had occurred,and whether there was any real prospect of a finding of corrupt conduct. Some matters,he said,may warrant an investigation in order to “clear the air,even if there does not appear to be a significant prospect of a finding of corrupt conduct”.
The Greens have already declareda “top 10 wishlist” of matters they say they will refer to the watchdog over the coming weeks,including the former Morrison minister Stuart Robert’s dealings with consulting firm Synergy 360 and a raft of Coalition-era scandals,such as robodebt and sports rorts. Over the weekend,theparty referred the PwC tax scandal.
Separately,the Coalition has also indicated it will refer the confidential settlement between former Liberal staffer Brittany Higgins and the federal government.
Unlike the NSW Independent Commission Against Corruption,the federal watchdog must hold hearings in private unless the commissioner determines there are exceptional circumstances warranting public hearing,similar to the threshold applied by Victoria’s corruption agency.
The federal watchdog’s start coincides with a raging debate about theICAC’s corruption findings against NSW former premier Gladys Berejiklian,which have outraged her supporters who have queried how the agency could determine she engaged in serious corrupt conduct while making no referral to prosecutors for criminal charges.
Brereton did not weigh into the NSW controversy,but said it was important to recognise under the federal watchdog conduct could be corrupt without being criminal,saying “we do not make findings of criminal guilt,to which different rules of evidence and proof apply”.
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“If there is evidence of criminal conduct,we may refer it to a prosecuting agency. But it is precisely in the area where it may not be possible to establish criminal conduct to the high criminal standard of proof that the Commission’s work can be most important in enhancing integrity by investigating and exposing corrupt conduct,even where it cannot be prosecuted in a criminal court,” Brereton said.
He said the agency would aim to complete 90 per cent of investigations within 12 months,but he expected there would be some complex investigations that would take longer to establish the truth.