Spotlight on Corruption has closely monitored over the past few years how standards of conduct in public life are regulated, and the enforcement of existing misconduct in public office laws. We have found that significant improvements are needed in relation to both.
The Public Office (Accountability) Bill is a unique opportunity to ensure some of these improvements – long recommended by experts – are put into statute.
In this submission we call for the Public Office (Accountability) Bill to be strengthened by:
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- Putting relevant standards regulators on a statutory footing and ensuring parity between the ethical codes of public servants and the Ministerial code.
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- Addressing significant issues with the drafting of the misconduct in public office offence which are likely to undermine the stated intentions of the Bill, by ensuring that:
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- private contractors, and private instigators of misconduct are clearly covered,
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- the definition of public office holder is not too narrow,
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- the defence is not so broad as to create serious obstacles to prosecution, and
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- a benefit or detriment does not have to have occurred in order for a prosecution to take place, in order to match the Bribery Act.
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- Addressing significant issues with the drafting of the misconduct in public office offence which are likely to undermine the stated intentions of the Bill, by ensuring that:
Click on the link below to read the full submission.
