Speaking at a public hearing on Thursday (20 October) at the joint select committee on NACC legislation, he welcomed the introduction of legislation to establish a national integrity commission as a positive step.

“We commend the commission’s remit to investigate serious or systemic corrupt conduct across the Commonwealth public sector and its preventive and educative functions,” he said.

“However, while we agree the commission should be able to investigate corrupt conduct that has occurred or is currently occurring, we don’t believe this should be extended to investigating and potentially penalising individuals for conduct they might engage in at a future date.”

The NACC was first unveiled in September, as Prime Minister Anthony Albanese and Attorney-General Mark Dreyfus KC labelled it a “proposed powerful, transparent and independent” federal integrity body.

However, the Law Council emphasised that some of the key definitions in the legislation should be clarified and that the commissioner may only conduct a corruption investigation if they hold a “reasonable suspicion” that the issue involves corrupt conduct that is serious or systemic.

“One of our most serious concerns with the legislation in its current form is its capacity to abrogate well-established common law rights, including legal professional privilege and the privilege against self-incrimination,” Mr Liveris said.

“Linked to this is our opposition to individuals who have been charged or about to be charged in a criminal matter being required to answer questions or provide information for a NACC investigation. This places a person’s right to a fair trial at risk.”

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This sentiment has been echoed by a number of legal professionals — who said that limitations on public hearings and the capacity to investigate third parties need to be addressed for the commission to be an effective body.

“Once a charge has been laid in respect of a matter before the NACC, then the NACC investigation should cease, and the investigation should be handed over to the prosecuting authorities. Preserving the distinction between the investigative nature of the NACC and the criminal justice process is critical,” Mr Liveris added.

“Whistleblowers will also be a vital tool in the identification of possible corruption. The Law Council notes the provision in the legislation for whistleblowing protections, but supports further reforms being made in this area.”