The ‘exceptional circumstances’ test for public hearings for Labor’s anti-corruption body is easier than for Victoria’s body — but harder than the NSW ICAC.
The government’s proposed national anti-corruption commission (NACC) will be required to hold hearings in private unless it believes there are exceptional circumstances and it is in the public interest to hold open hearings — similar to the much-criticised limitation on Victoria’s hamstrung Independent Broad-based Anti-Corruption Commission (IBAC).
However, the “exceptional circumstances” requirement will be noticeably easier to meet than in Victoria — though not as easily as for the NSW Independent Commission Against Corruption.
The public nature of hearings by the new body is the remaining point of major contention over Labor’s planned body, given the Coalition believes any public hearings are “show trials”, and with integrity advocates, the Greens and the crossbenches insisting there must be the option for open hearings.
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