The research shows:
– Public hearings expose corruption to the public and make investigations more effective. They have been critical to recent Victorian IBAC and NSW ICAC investigations;
– NSW ICAC has exposed more corruption to the public than the Victorian IBAC, with 42 public hearings and 39 public reports compared to 8 hearings and 14 reports from 2012/13-2019/20;
– Only a fraction of initial complaints are investigated in full. From 2012/13-2019/20, NSW ICAC received 22,297 matters, conducted 297 preliminary investigations and only 95 full investigations;
Public hearings are used in a proportion of investigations when it is in the public interest. NSW ICAC held 979 private examinations and 42 public inquiries over the examined period;The ability to hold public hearings when it is in the public interest will be a crucial element of a National Integrity Commission’s investigations.
“Sunlight is the best disinfectant. Public hearings expose corruption, and many investigations would not be successful without them,” said Geoffrey Watson SC.
“Corruption flourishes in the dark. Without public hearings the public may not find out about corruption investigations until years after the fact, if at all,” said Mr Watson.
“Far from overuse, NSW ICAC holds public hearings only in a fraction of its investigations when it is in the public interest to do so. Our research shows that, from 2012-2020, NSW ICAC held 979 private examinations and only 42 public inquiries,” said the Hon Anthony Whealy QC.
“A National Integrity Commission must be able to hold public hearings when the Commissioner deems it is in the public interest to do so. It will be ineffective without this ability,” said Mr Whealy.
