24th Nov 2022, 12:38 PM – Representatives National Anti-Corruption Commission Bill 2022 - Consideration in Detail - Appointment decisions and politicisation

The majority voted in favour of a motion to disagree with an amendment introduced by Wentworth MP Allegra Spender (Independent), which means it failed.

Rebellion

Bass MP Bridget Archer (Liberal) crossed the floor to vote "No" against the rest of the Liberal party, who voted "Yes".

What did the amendment do?

Ms Spender explained that:

Politicisation damages public institutions and our democracy, and we cannot afford to undermine the NACC. My amendment addresses the risk of such politicisation without affecting the government's control over the parliamentary committee's other functions. It prevents the committee's chair from having the casting vote when it comes to appointing the commissioner, deputy commissioner or inspector. That means the majority of all committee members would be required to approve these appointments, including at least one crossbench or opposition member. My amendment will ensure that the people chosen for these critical roles enjoy multipartisan support and that they are truly independent from government. It is a commonsense way to ensure this commission delivers what the public expects.

Read more about the bill in its bills digest.

Amendment text

(1) Clause 178, page 146 (after line 17), after subclause (2), insert:

(2A) If the proposed recommendation is for the appointment of the Commissioner or a Deputy Commissioner, or the Inspector:

(a) the decision to approve or reject the recommendation is to be determined by a majority of all of the members of the Committee; and

(b) despite paragraph 173(5)(b), if the votes are equal, the Chair of the Committee does not have a casting vote.