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Labor holds out against an ICAC

05 Feb, 2010 10:41 AM
There is corruption in South Australia. There is official corruption, corruption of political process and corruption within the public sector.

Attorney-General Michael Atkinson knows it. Premier Mike Rann knows it – his own Attorney has admitted it. Of course we are not suggesting that either of them are in any way corrupt.

In early January Mr Atkinson said for probably the fi rst time what everyone has known for years. “I’m not saying South Australia’s perfectly clean. Of course there’s corruption and crime in South Australia.”

Lawyers welcomed the admission. “There is corruption here in South Australia,” agreed SA Civil Liberties Council member, lawyer George Mancini.

NSW anti-corruption commissioner Jerrold Cripps has the same view. “Obviously there would be,” he told The Independent Weekly.

He said corruption was a problem in every country and Australian state. “Corruption is the second-oldest illegal human activity. It happens where there is greed, opportunity, and when people don’t think they’re going to get caught,” Mr Cripps said.

With an election six weekends away, the establishment of an independent, well resourced anti-corruption body remains one of the biggest differences between the major parties.

Labor is adamant that an independent commission against crime and corruption will never be set up while the ALP is in power.

The Liberal Party, Family First and the Greens are equally determined to have one as soon as possible.

On Wednesday night, Liberal leader Isobel Redmond said her party would.

“I’ve been arguing for one for years and years and years,” Ms Redmond said on radio FIVEaa.

“We’ve produced a model based on the New South Wales ICAC. The Government keeps trying to say it’s worth $30 million a year but the New South Wales ICAC budget was $15.6 million. I think it’s now just over $17 million, and we’re a smaller state but we’ve always said we’d adopt their figure so we couldn’t be accused of underestimating it.

“But I think we do need to be, as a community, satisfied that all the decisions that are made by government departments and government agencies and local councils are made for the right reasons and not because someone’s got a bit of a backhander or favour … and we need an ICAC. Queensland has one, New South Wales has one, WA has one, Tasmania has now introduced the legislation for one, it’s time we had one in this state.”

Attorney-General Michael Atkinson disagrees. “An ICAC is a very, very expensive option and no adequate case has yet been made for us to do so,” he says. He says SA already has sufficient other bodies to do the job.

But Mr Rann and Mr Atkinson are becoming increasingly isolated in their hard line against an ICAC.

“Any jurisdiction that doesn’t have its own ICAC-type body is just crazy,” said former NSW Premier Morris Iemma. “If you don’t have one, you have either discovered a secret to human nature that has eluded the rest of us, or – as is more likely to be the case – you are kidding yourselves.”

Peter Beattie, a former Queensland Premier whose own Labor Party has felt the lash of an ICAC’s whip, still has no hesitation in supporting one. “All states need a watchdog beyond government control to maintain honesty and integrity in public administration,” he said.

The director of public prosecutions, Stephen Pallaras, also spoke in its favour. “It’s essential that we have one,” he said

“I would have thought a government wanting to be tough on law and order would welcome another tool against crime – and corruption is a crime,” said Adelaide lawyer Craig Caldicott.

There is support for an ICAC on the Labor side too. “I’ve always said there should be an ICAC equivalent in SA,” former Labor senator Chris Schacht maintains.

Like other newspapers which have investigated allegations of official corruption – Brisbane’s Courier Mail, The Sydney Morning Herald and Melbourne’s The Age – The Independent Weekly has dossiers which suggest there is, at the very least, a case to be answered over instances of alleged corruption.

“Corruption will never be eliminated, no it won’t,” Mr Cripps says. “The most you can hope for is that it will be reduced.”

He said the risks of corruption were possibly greatest at a local council level, when developers wanted particular projects to go ahead.

“This is because in the planning and approval process there is a lot of discretion to be exercised. It might mean millions (of dollars) to someone who wants a particular result.”

He says the anti-corruption commission not only investigates official corruption, but simply having such a body reduces the level of corruption that would otherwise exist.

“A classic example is bribery to get a result from a public official,” he said.

Mr Cripps has previously acknowledged that the issue of developers being able to donate to political parties or candidates may never be resolved.

“Governments resent and resist any limit on the rules on political donations,” he said.

But most political donations in SA are totally secret and anonymous.

“There is a murky river of gold flowing into political parties that the SA people simply do not know about,” Greens MLC Mark Parnell said, studying the returns.

“SA has the worst political donations laws in the nation. Because of our slack laws millions of dollars are flowing into the Labor and Liberal parties that do not need to be declared.

“There is the huge gap between the total amount received by parties, and how much has been declared to the Electoral Commission. In the case of Labor and Liberal, there is over $3 million that remains unaccounted for.

“We simply do not know who has given the money and what they expect in return,” Mr Parnell said.

“A New South Wales ICAC report found that “political donations at both local and state level can create conflicts of interest for decisionmakers”.

“Donations increase the likelihood that some inappropriate re-zonings or development consents will be obtained,” the report found.

So on January 5 this year, after repeatedly denying there were any problems with corruption in South Australia, the Attorney-General finally revealed what most South Australians had already acknowledged.

Corruption does exist in this state.

But an ICAC does not.

A FUTURE ICAC COULD INVESTIGATE:

- The relationship and money trail between developers, donors and political parties.

- Government misuse of taxpayers’ money, government authority and government power.

- Suspicious land re-zonings, government contracts or property deals which benefit political parties or individuals, rather than the public.

- Incidents like the dodgy documents forgery. Police gave up trying to track down criminals who concocted the email which falsely implicated senior political figures in an electoral donation scandal. An ICAC will have the power to compel witnesses to answer questions.

- The Easling affair. Witnesses in the Tom Easling case were offered inducements to testify against him. His name was released to the media before his arrest, an offence under the Act.

-The Randall Ashbourne affair. The Premier’s then senior adviser was tried and acquitted after it was alleged he offered an inducement to stop a defamation action against the Attorney-General. The former acting director of public prosecutions later told parliament delays in proper investigation tainted the capacity for effective prosecution of the case.

- The Stashed Cash Affair, which involves the Attorney-General and the Crown Solicitor’s Trust Account, where politics and personality may have clouded proper investigation.

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There may not be a direct purse to pocket link between any person in public office, developer donations and development approvals, however, the large and growing number of questionable developments which either circumvent planning or environmental laws raises questions. The list of possible ICAC investigations listed in this article intensifies perceptions that the government is avoiding an ICAC because there is something to hide. True or false is not the point. The reluctance to independently investigate leads to an inference of guilt: or at the very least something to hide. This Government is treating the public with arrogance and contempt. Maybe it's time for a change?
Posted by Darron, Aldinga, 6/02/2010 7:06:18 AM, on The Independent Weekly
When we saw the Serious and Organised Crime Control Bill, now an empowered Act, we saw the absolute need for an ICAC as THIS type of legislation readily lends itself to corruption. When you have a police officer's statement to be accepted by the court as a FACT with no opportunity to cross-examine that evidence, then an ICAC is mandatory to protect the innocent and the overall system of Justice. The FREE Australia Party has brought this issue to the fore in the last 12 months and is a core issue we bring to this election, along with a Bill of Rights for the very same reasons. Our own studies in criminology to understand the total concept led us to a frightening result - that organised crime can only exist where there is official corruption. We really want people to understand that - official corruption.
Posted by FREE Paul Kuhn, 6/02/2010 8:49:46 AM, on The Independent Weekly
The South Australian Labor Party does have a resolution on its books relating to an ICAC in this State. That resolution was adopted at ALP Conference in late 2009. Basically, it commits Labor to raise the issue of an overarching federal ICAC with other State Governments at their next combined meeting. It also ensures that whistleblower protections will be maintained and strenthened. Spurious and vindictive personal accusations will also be fully investigated. There was also a call for a clear definition of what is meant by "corruption". The word itself means different things to different people. Generally corruption is understood to be the use of political power for a monetary gain. This should include local and State Governments, police and government instrumentalities. The final part of the resolution passed by the Labor Party called for a full report on what progress has been made by this State in setting up a more efficient and cost effective national body. The question should be put again to Michael Atkinson.
Posted by derwombat, 6/02/2010 10:52:46 AM, on The Independent Weekly
Great Article Hendrik Last week, when re-announcing new rules of conduct and transparency for charities, government's well worn line that those who "aren't doing anything wrong... have no reason to be concerned" was trotted out. We have heard this before from the Attorney-General while eroding our civil liberties on a number of fronts. With the weakest state laws on political donors, a daily newspaper monopoly (in quantity not quality!), 4 year terms and fatally flawed whistle-blower legislation South Australia desperately needs an ICAC. After Steve Bracks left the Victorian Government he established an ICAC in East Timor, but resisted the idea in government. It seems there is a conflict of interest that undermines the very decision of whether we investigate the impact of conflicts of interest. If the very poor East Timor can fund an ICAC (though they were dragged kicking and screaming) with a population of only a million, then I think we can re-order priorities to find the amount required. I would start with axing the gift of $450m to two self sufficient sports. One of the first jobs of the ICAC could be looking into the circumstances concerning such extraordinary largess.
Posted by Mathew of waterforspin.blogspot.com, 7/02/2010 5:16:19 PM, on The Independent Weekly
What if ICAC is part of the corruption, rather than part of solution. NSW ICAC is the most corrupt government agency, having say that they create more corruption by investigating allegation than doing nothing. What a waste of taxpayers money
Posted by what if?, 23/06/2010 12:02:50 PM, on The Independent Weekly

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