Abstract

Political corruption affects each nation-state differently, but the outcomes are nominally the same: a deficit of public trust, weakened government institutions and undermined political systems. This article analyzes issues of political corruption in Australia by framing them within a national integrity ecosystem (NIE) and addressing them against the proposed Commonwealth Integrity Commission (CIC) 2020 bill. It also discusses prevalent ‘grey’ areas of Australian politically-corrupt behavior where they interact with the private sector: the revolving door, political donations, and lobbying; and the state of Australia’s implementation of the OECD Anti-Bribery Convention. This article argues for their inclusion within the mandated scope of the proposed CIC. There is a need for strong legislation, both domestic and international, to fight corruption. This article then discusses the application of the provisions of the draft Anticorruption Protocol to the UN Convention Against Corruption (APUNCAC) that may apply with respect to these ‘grey’ issues, and how an International Anti-Corruption Court may provide another institutional model for Australia to follow. Finally, this article links these proposals to the 2021 UN General Assembly Special Session (UNGASS) on Corruption and the 9th Conference of States Parties on the UNCAC (COSP9). These events illustrate multilateral momentum and progress on anti-corruption. As a country that has historically supported the UN multilateral framework and its institutions, this article recommends a proactive approach for Australia so that the passing of a strong domestic anticorruption initiative will contribute to the adoption, and eventual ratification, of the APUNCAC.

Highlights

  • Corruption involves the misuse of public position for private gain (Rose-Ackerman 2008; Shleifer and Vishny 1993)

  • This article seeks to answer the following questions: What issues are raised by Australia’s proposed Commonwealth Integrity Commission (CIC) bill and strategy to deal with political corruption? how does the bill compare to international anticorruption instruments?

  • Institutions, state Independent Commission Against Corruptions (ICACs), the CIC bill, the UN Convention Against Corruption (UNCAC), the Anti-Corruption Protocol of UNCAC (APUNCAC), and community culture and values influence the degree to which corruption impacts the behavior of public officials

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Summary

Introduction

Corruption involves the misuse of public position for private gain (Rose-Ackerman 2008; Shleifer and Vishny 1993). Integrity is the appropriate use of public power for public ends (Huberts 2014) The latter sets the standard and associated processes, while the former is a deviation from that standard and practice. Both integrity and corruption are present along a spectrum of behaviors within democratic institutions (Uslaner 2013). These institutions reflect both the historical and current political will in terms of their values, representation, and operational responsibilities. Such institutions should serve the interests of all, not just the politically connected nor powerful few. This article seeks to answer the following questions: What issues are raised by Australia’s proposed Commonwealth Integrity Commission (CIC) bill and strategy to deal with political corruption? how does the bill compare to international anticorruption instruments?

The Problems of Political Corruption in Australia
A Federal Integrity Commission
Problems with the Proposed CIC Bill
Definition of Corruption and Integrity
Public Hearings
NSW ICAC and the Proposed CIC Bill
Higher Education
Amendments to the Bill
Other Areas of Politically Corrupt Behavior
Revolving Door
Political Donations
Lobbying
Bribery
Alternative Federal ICAC Bills
The APUNCAC
Concluding Remarks

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