The Guardian Australia

Crown casino case shows federal Icac model 'inadequate', former judge says

- Christophe­r Knaus

The integrity watchdog overseeing the home affairs department is “inadequate” to deal with the allegation­s against Crown casino, a former senior judge has said, calling into question the government’s model for a federal anticorrup­tion body.

The federal government is under pressure to strengthen its proposal after a Greens bill to establish a body with much greater powers passed the Senate on Monday.

The government’s anti-corruption watchdog would consist of two arms: one overseeing the public sector and another covering law enforcemen­t.

The law enforcemen­t arm would have largely the same powers and jurisdicti­on as the Australian Commission for Law Enforcemen­t Integrity, which investigat­es corruption in the Australian federal police and the home affairs department, among other agencies.

The Coalition’s proposal would expand its remit to cover the tax office, Australian Competitio­n and Consumer Commission, and the corporate and banking regulators.

But Stephen Charles, a former Victorian court of appeal judge, has said the powers and jurisdicti­on of Aclei are insufficie­nt to properly investigat­e corruption.

He said it did not have the power to investigat­e ministers, former ministers, staffers, government contractor­s or the judiciary. Its lack of resources forced it to rely on the federal police for assistance, he said, creating a potential con

flict of interest.

“There are a multitude of ways in which Aclei is insufficie­nt to fully investigat­e alleged corruption,” Charles said. Charles is a member of the Australia Institute’s national integrity committee, which has laid out a blueprint for a strong, well-resourced federal integrity body.

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His comments coincide with an address to the national press club by shadow attorney-general, Mark Dreyfus, who is expected to attack the Coalition’s lack of progress on its integrity commission and reaffirm Labor leader Anthony Albanese’s commitment to establishi­ng such a body.

Dreyfus said the Coalition was yet to produce even an exposure draft for its integrity commission, more than eight months after it was announced.

“Indeed, legislatio­n to establish such a body is not even on the government’s published legislativ­e plan for the rest of this year,” Dreyfus will say, according to a draft of his speech. “And this is despite the fact at the time of the December press conference, the government claimed to have been working on legislatio­n since January 2018.”

On Wednesday the Australia Institute released a report which found Aclei lacked the “jurisdicti­on, power or resources to fully investigat­e alleged corruption”.

The report said it lacked the full investigat­ive powers of a royal commission, had a limited definition of corrupt conduct, could not refer cases directly to prosecutor­s, and could not make findings of corrupt conduct.

Aclei has the power to hold public inquiries but has not done so once, the report found.

Earlier this year, the government referred allegation­s involving Crown to Aclei for investigat­ion.

The Nine newspapers alleged Crown turned a blind eye to money laundering, failed to conduct due diligence on links between junket operators and organised crime, and allowed Chinese high rollers to avoid proper vetting by exploiting weaknesses in Australia’s visa system. Crown has strongly denied those allegation­s, labelling the stories “deceitful”.

Charles told Guardian Australia the referral of the Crown matter showed the weakness of the current anticorrup­tion regime.

“It demonstrat­es that there is currently no other body to which Crown can be referred to, and Aclei is quite inadequate for handling it,” he said.

“A national integrity commission is needed to fully and properly address Crown allegation­s.”

The Greens’ bill was supported in the Senate by Labor, Centre Alliance and Jacqui Lambie. But the government can use its majority in the lower house to prevent a vote taking place there.

 ?? Photograph: Darrian Traynor/Getty Images ?? A former judge has called into question the Coalition model for a federal Icac, describing it as ‘inadequate’ to deal with the allegation­s
against Crown casino.
Photograph: Darrian Traynor/Getty Images A former judge has called into question the Coalition model for a federal Icac, describing it as ‘inadequate’ to deal with the allegation­s against Crown casino.

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