The Barr government is banking on a new federal integrity commission sharing information about ACT Policing which the current oversight body will not, amid uncertainty as to whether Canberra's cops will be accountable to the territory's own corruption watchdog.
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While the ACT government pays the Australian Federal Police around $164 million per year to provide police for the territory, and that contract includes transparency and accountability as a key performance indicator, it's not yet known whether ACT Policing will be beholden to the ACT's new integrity commissioner.
That's because their inclusion would require a change to the ACT's self-government act by the Federal Parliament.
Two prime ministers have now failed to heed the ACT's request to change the laws, despite the integrity commission bill passing with tripartisan support last year.
And while the clause regarding police won't take effect until July 2020, the Australian Federal Police maintains the extra oversight is unnecessary as it is already supervised by the Australian Commission for Law Enforcement Integrity.
However, Chief Minister Andrew Barr wrote to an inquiry into the creation of a national integrity commission late last month to say the current arrangements were opaque.
"There is limited transparency, reporting or flow of information from the Australian Commission for Law Enforcement Integrity to the ACT government or the ACT Legislative Assembly in respect to ACT Policing," Mr Barr said.
"Should the National Integrity Commission have jurisdiction over ACT Policing, improved reporting to the ACT government and the ACT Legislative Assembly is required."
The Australian Commission for Law Enforcement Integrity hit out at the ACT in its most recent annual report, saying sharing jurisdiction with a territory anti-corruption body would "present significant administrative and operational challenges".
Mr Barr also said the inability to investigate police corruption was out of step with community expectations.
"The self-government act prevents the Assembly from making laws for the provision of police services to the territory by the AFP, including bringing ACT Policing within the scope of the ACT Integrity Commission," he said.
"This limitation is understandably outside of the ACT community's expectations for the adequate oversight of the people who are tasked with maintaining peace and order within the territory. It is appropriate that ACT Policing fall within the jurisdiction of the ACT Integrity Commission."
The ACT's integrity commission is set to investigate allegations of corruption involving public servants, politicians, and government contractors, with a focus on serious and systemic cases, and the most serious cases of misconduct.
Job advertisements went out on Friday for the role of commissioner, which will be part-time and attract remuneration of about $2000 a day.
Meanwhile, the federal government is expected to try and push through legislation for its anti-corruption commission when parliament resumes next week.
The commission will have a budget of $30 million a year for a new public sector integrity division and an arm to examine corruption in law enforcement agencies - a job currently done by the Australian Commission for Law Enforcement Integrity.
However their proposed model has been criticised as a "sham" designed to "shield the public sector, and in particular politicians and their staff, from proper scrutiny and accountability".
There are also concerns the budget is too small and the commission's scope too narrow to truly weed out corruption. The proposed federal commission will only look at corruption cases where a criminal offence has been committed.
