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When will Malaysians get to see parliamentary oversight of the MACC? — Hafiz Hassan

FEB 13 — On July 1, 2023, a milestone was achieved by Australian Prime Minister Anthony Albanese’s government.

Australia’s new federal anti-corruption body, the National Anti-Corruption Commission (NACC), came into being, in fulfilment of the Albanese government’s election promise to address transparency and corruption issues within the federal government and its various agencies and institutions.

The establishment of the NACC was made possible when the federal Parliament led by Albanese passed the National Anti-Corruption Commission Act 2022 (NACCA) with the following objectives:

(a) to facilitate:

(i) the detection of corrupt conduct; and

(ii) the timely investigation of corruption issues that could involve corrupt conduct that is serious or systemic;

(b) to enable, after investigation of a corruption issue, the referral of persons for criminal prosecution, civil proceedings or disciplinary action;

(c) to prevent corrupt conduct;

(d) to educate and provide information about corruption and the detrimental effects of corruption on public administration and the Australian community.

It is interesting that the NACCA first provides for the appointment of the National Anti‑Corruption Commissioner (Section 17) and Deputy Commissioners (Section 18), before providing for the establishment of the NACC (Section 20).

The work of the NACC is overseen by a parliamentary committee known as the Parliamentary Joint Committee on the National Anti‑Corruption Commission (PJC-NACC) (Section 172).

The author argues that Australia’s National Anti-Corruption Commission strengthens transparency and corruption oversight, and questions when Malaysia will introduce similar parliamentary oversight for the MACC. ― Picture by Shafwan Zaidon

The PJC-NACC is assisted by an independent officer of the federal Parliament known as the Inspector of the NACC (Section 182).

The independence of the Inspector is secured by giving the Inspector the “complete discretion in performing or exercising” his or her functions or powers and by not subjecting him or her “to direction from anyone when doing so”. (Section 183)

In short, the NACC ensures parliamentary oversight of a critical body designed to detect, investigate, and prevent serious or systemic corruption.

It is the culmination of an election promise to address transparency and corruption issues in the country.

Albanese was sworn in as Australia’s 31st Prime Minister on May 23, 2022. The NACCA was passed by the federal Parliament on November 30, 2022. It received Royal Assent in December 2022 and came into force on July 1, 2023.

When will Malaysians get to see parliamentary oversight of the Malaysian Anti-Corruption Commission (MACC)?

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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