The ACT's Integrity Commission could be limited to investigating only serious or systemic corruption under a series of proposals released for discussion as part of a review of the watchdog.
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Ian Govey, a former senior federal public servant and government solicitor, is leading the review of the anti-corruption commission.
"Limiting investigations to serious and/or systemic corrupt conduct may make other proposals for additional powers and investigative tools more appropriate and compatible with human rights as they would only be used in investigation of serious matters," a discussion paper released as part of the review said.
However, the paper warned current corruption reports allowed the Commission to identify trends which suggested systemic corruption.
"If these less serious corrupt conduct matters no longer fell within the jurisdiction of the commission, it may need to be the responsibility of the [ACT public service] to track whether trends in reporting indicate a systemic problem that needs to be investigated by the commission," the paper said.
The review released six discussion papers on Thursday, outlining a series of possible changes to the way the commission operates, handles information and reports.
The review has sought feedback on whether the commission should be granted the power to intercept telecommunications.
"The substance of phone calls, text messages, and voicemails can be highly sensitive," a discussion paper said.
The commission wants the ability to seek telecommunication interception warrants, seek stored communication warrants and directly approach telecommunication companies to request metadata, such as call records and logs.
The commission believes these are critical tools for corruption investigations, a discussion paper said.
The commission said it does not intend to establish its own interception facility, which would be expensive.
"The most cost-effective means to conduct interception would be to utilise existing facilities at another agency declared as an eligible authority [under Commonwealth legislation]," a discussion paper said.
The paper sought feedback on granting the commission intercept powers, noting "high establishment and recurrent costs to undertake interception which are likely to be incurred even if interception is used sparingly".
Options include allowing the commission to access intercepts collected by other agencies but not give the commission the power to collect their own.
Integrity Commissioner Michael Adams KC has repeatedly stressed the need for the commission to be granted interception powers, telling a budget estimates hearing in August he had investigations that now needed the powers to be conducted properly.
"It is a source of evidence which I cannot get my hands on. The AFP does this every day," Mr Adams told a budget estimates hearing in August.
"We know because we have good informal links. They have told us, 'We have material that might be of interest to you,' but they cannot tell us anymore and I cannot access it."
The review has also sought feedback on whether people subject to confidentiality notices issued by the commission should be allowed to disclose information in accessing health care.
The commission has also argued it should have the power to order a person being examined to produce any document or thing in their possession during the examination.
"Examples given were notes of what they intend to say, information from another witness, or a mobile telephone," the discussion paper said.
The commission also wants the power to seek arrest warrants for witnesses it deems are unlikely to appear. The commission must now wait until a person has failed to appear before it can apply for an arrest warrant.
Public officials should also not be able to claim legal professional privilege in cases where legal advice was obtained in the ordinary course of their duties, the commission believes.
"Abrogating legal professional privilege aligns with the Integrity Commission's role as a fact-finding commission. There is a strong likelihood that information contained in legal advice or documents prepared for the purpose of obtaining legal advice would assist the Commission with relevant facts about an investigation," a discussion paper said.
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The commission has also requested direct access to the employment record database used by the ACT public service.
The database contains birth date, address, bank and emergency contact details.
The commission can already request the information from other sources, but direct access to the database would allow it easier access.
"If granted, the Integrity Commission could also use the information to map employees who worked together in an agency at a specific point in time, as part of a case-theory, and to facilitate notice service to an employee's residential address - which the Commission has raised as a purpose it would be used for," a discussion paper said.
The paper said there was a "clear operational benefit" in allowing the commission to access the database.
The legislation establishing the Integrity Commission set out the need for a review three years after it was established, with subsequent reviews every five years.
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Jasper Lindell
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
