Proposed ACT integrity commission could have limited retrospective powers

The territory government handed down its response to the findings of select committee into the creation of the independent integrity commission on Monday.

Chaired by Greens minister Shane Rattenbury, the committee had urged the for the ICAC-type body to cover all public officials and third parties with government contracts, as well as ACT Policing.

The government has agreed the proposed commission should have the power to investigate serious allegations by ACT police officers, pending agreement from the federal government.

However the government merely noted the recommendation to extend the commission's jurisdiction to third parties, like private companies working on territory government contracts or providing government-funded services.

It also said it believed the commission should focus on prospective or current matters with limited ability to review retrospective or previous matters.

The government said this was because of the general principle in the ACT where laws don't apply retrospectively if they would disadvantage someone or impede on their rights.

However it could also limit a future commission's ability to look into past matters, like the Dickson land swap.

Last Thursday, a scathing Auditor-General report found the deal with the union-linked Tradies Club benefited the club to the tune of up to $2.6 million.

At the time, Mr Rattenbury said revelations about the deal were "prime candidates" to be referred to the proposed commission.

On Monday, Mr Rattenbury said it was unclear how or why the retrospectivity would be limited, but those details would be "thrashed out" in further conversations.

"The committee said in its recommendations it should be largely forward focused but still have the ability to look back," Mr Rattenbury said

"I think there'll be disagreement there because this new commission doesn't create new offences, it doesn't change the law, it simply creates a mechanism to investigate breaches of the law so I think there's a misunderstanding in what retrospectivity means."

ACT Opposition Leader Alistair Coe said any integrity commission had to be "retrospective and given some teeth".

"There does need to be a thorough investigation in to this government and their property deals," Mr Coe said.

"If they're not given teeth, the scandals will continue."

Acting ACT Chief Minister Yvette Berry said the issue of retrospectivity and third parties would be reassessed during the drafting of the legislation.

The bill will go back to the select committee for analysis before it is introduced into parliament before the end of 2018.

"The ACT government is keen to work with the select committee, the Liberals, and the ACT Greens in coming towards a consensus in when we develop the legislation that will inform the integrity body," Ms Berry said.

Asked if Labor would support the referral of the Dickson land swap to an integrity commission, Ms Berry said the matter had been "scrutinised "in forensic detail" by the Auditor-General.

"Once the integrity body commences work and considers its own work plan, that could be considered as part of that along with a number of other items," Ms Berry said.

The government agreed that the integrity commission will have the power to investigate serious accusations of corruption against ACT public servants, MLAs and their staffers, as well as statutory officeholders, including boards and committees.

It was the second major report handed down by government since Chief Minister Andrew Barr left on an official delegation to the United States last Thursday.

However Ms Berry denied Mr Barr was avoiding scrutiny over the topics.

"He'll be back soon and you can ask him as many questions as you like," Ms Berry said.

Acting Chief Minister Yvette Berry has since stated the integrity commission will likely be operational by mid 2019, due to the complexities around including ACT Policing in its jurisdiction and the recruitment of a commissioner.