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2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Australian Capital Territory (Self-Government) Amendment (ACT Integrity
Commission Powers) Bill 2020
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Andrew Leigh
Australian Capital Territory (Self-Government) Amendment (ACT Integrity
Commission Powers) Bill 2020
OUTLINE
In November 2018, the ACT Legislative Assembly ('the Assembly') passed the Integrity
Commission Act 2018 (ACT) establishing the ACT Integrity Commission.
The Bill passed with the tri-partisan support of the Assembly after extensive consultation with
stakeholders and two ACT Leiglsative Assembly Select Committee inquiries.
The Integrity Commission Act 2018 (ACT) covers the activity of public officials, and the private
sector where there is a relationship between it and the public sector.
However, the Australian Capital Territory (Self-Government) Act 1988 (Cth) ('Self-Government
Act') prevents the Assembly from making laws for the provision of polcing services in the
Territory. This prohibits the bringing ACT Policing within the scope of the ACT Integrity
Commission.
Section 23 of the Self-Government, covers "matters excluded from power to make laws," and
subsection (c) sets out that "the provision by the Australian Federal Police of police services in
relation to the Territory" is such a matter.
This constraint prevents the ACT Government from including ACT Policing - a service provided
under a purchase agreement with the AFP - within the scope of our Integrity Commission.
Section 224(2) of the Law Enforcement Integrity Commissioner Act 2006 (Cth) and section 18(3)
of the associated regulations requires the Australian Commission for Law Enforcement Integrity
(ACLEI) to provide relevant information and reports to the ACT Minister for Police and
Emergency Services in certain situations (ie where an investigation discovers integrity issues
relating to policing in the ACT).
However, the ACT Integrity Commission does not currently have powers to instigate integrity
activity relating to ACT Policing's activities provided through the purchase agreement.
Where an ACT integrity activity discovers possible connections to policing activities by the AFP in
the ACT, there are currently no provisions for the ACT government to initiate an inquiry without
the cooperation of ACLEI and the permission of the Commonwealth Minister.
Territorians expect proportionate oversight of the people tasked with maintaining peace and
order within the Territory.
The existing limitation is outside the ACT Community's expectations for the adequate oversight
of the people tasked with maintaining peace and order within the Territory.
The ACT Legislative Assembly is also exploring avenues to enhance transparency of existing
oversight mechanisms.
It is anticipated that the Australian Commission for Law Enforcement Integrity (ACLEI) and the
ACT Integrity Commission (ACTIC) would form a comprehensive Memorandum of Understanding
on a number of matters including jurisdictional overlap.
Neither ACLEI nor ACTIC are prosecutorial bodies, they make findings of corruption and refer
matters to their respective jurisdiction's prosecution services, which then make decisions about
whether to prosecute based on their prosecution policies.
It is also the case that where both ACT and Commonwealth laws have been breached, the CDPP
and the ACTDPP have reached an understanding about which service will undertake the
prosecution.
Allowing for ACT Police to be covered by the ACT Integrity Commission will promote a higher
level of transparency and a better relationship between Canberrans and their police force.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
The Bill contains one amendment to Section 23 of the Australian Capital Territory (Self-
Government) Act 1988. Item 1(c) of that section sets out that the ACT Assembly cannot
make laws relating to the provision by the Australian Federal Police of police services in
relation to the Territory.
Australian Capital Territory (Self-Government) Act 1988
23 Matters excluded from power to make laws
(1) Subject to this section, the Assembly has no power to make laws with
respect to:
...
(c) the provision by the Australian Federal Police of police services in
relation to the Territory;
This bill will amend the Self Government Act to allow the Assembly to make laws relating
to the AFP's provision of police services, where those laws relate to the investigation of
integrity and corruption with respect to AFP services provided for the ACT.
AMENDMENT:
(1C)Despite paragraph (1)(c), the Assembly does have power to make laws with
respect to the investigation of integrity and corruption in relation to the provision
by the Australian Federal Police of police services in relation to the Territory.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Capital Territory (Self-Government) Amendment (ACT Integrity
Commission Powers) Bill 2020
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
The bill will close a gap in the coverage of the ACT Integrity Commission, which has been
legislated to reassure the public of the integrity of its public officials, so that the ACT
Legislative Assembly can instigate integrity activity relating to ACT policing.
The bill amends Section 23 of the Australian Capital Territory (Self-Government) Act 1988
to allow the Australian Capital Territory Legislative Assembly to make laws relating to the
Australian Federal Police where those laws relate to integrity matters in the ACT.
Human rights implications
This bill does not engage any of the applicable rights or freedoms:
Conclusion
This bill is compatible with human rights because.it does not reduce applicable rights or
freedoms. It enhances public trust in the integrity of public officials and provides greater
self-determination for citizens in the ACT jurisdiction with regard to initiating investigations
into corrupt activity and addressing the abuse of power.
Andrew Leigh