Exclusive: Llew O’Brien’s vote in lower chamber is critical but he has ‘serious concerns’ about attorney general’s proposal

This article is more than 10 months old

This article is more than 10 months old

Queensland LNP MP Llew O’Brien has warned his government he may be forced to cross the floor and vote against the upcoming federal integrity commission legislation if Christian Porter does not produce something “with teeth”.

The former police officer said he has “serious concerns” about voting for the proposal put forward by the government, and is seeking to have politicians and their staff held to the same standards as law enforcers.

“Unless MPs are held to the highest standard I will find it very, very difficult to support,” O’Brien told Guardian Australia.

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“We need confidence in our government. And we need the perception to be – as well as the reality – that we are doing the right thing. Now, not holding politicians to the highest possible standard when someone else is held to a higher ethical standard is wrong. It’s just fundamentally wrong.”

O’Brien, who is yet to see the exposure legislation Porter is expected to release in the coming weeks said he would “wait and see” what the bill held before making his final decision, but had raised his concerns directly with the attorney-general and his office.

“The people of Wide Bay and the people of Australia clearly see the need for [a more transparent model],” he said.

“I don’t think that the multi-agency approach that we currently have is appropriate.

“I think we need a specialised body or agency as we will have – but most importantly that specialised body needs to have teeth and real teeth.”

The attorney general used his national press club address on Wednesday to reaffirm the government’s commitment to a two-tier model, split between law enforcement and the public sector, but with no public hearings or findings against parliamentarians, their staff or public sector employees.

Porter said the public nature of state integrity commissions, such as the NSW Icac body, had led to cases “where people believed or felt their reputations were unfairly damaged”.

“Reputations have been unfairly damaged. That is just a matter of fact,” he said.

“Many people’s lives have been damaged actually, irretrievably and unfairly. And these and other failures are things warranting critical consideration so we learn from them in designing future bodies of this type.”

O’Brien’s vote in the one-seat majority lower chamber remains crucial, but even if it passes the integrity bill in the House, the government will struggle to win over enough numbers in the Senate.

The crossbench, with the exception of One Nation, have spoken against the government’s model. Crossbench MPs, like O’Brien, want a stronger, more transparent model, similar to those found in the states.

More than 30 former judges signed an open letter calling for a national integrity commission in 2018, which included public hearings and a broad jurisdiction, as well as strong investigative powers.

Adjunct professor in the National Centre for Australian Studies at Monash University, Dr Colleen Lewis, said the government’s proposed model ran the risk of establishing a “Clayton’s anti-corruption body that will not have the powers that it needs to be effective”.

“It seems that it’s also going to preclude the suggested public sector division from freely exercising ‘own motion’ powers, and they’re only going to be allowed to do so if that public sector division actually comes across corruption in the course of undertaking an existing investigation.”

Own motion powers means the investigative body can initiate enquires without receiving a complaint or referral.

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“Now, we would never have had the Obeid case in New South Wales if there was not the capacity for Icac to, number one, follow up on anonymous complaints and, number two, use its own motion powers.

“It’s actually putting a very high threshold for an investigation for that division – it is asking that new body … to jump unmeetable hurdles.”

The government reluctantly presented a model in the lead up to the election, after strong calls from the crossbench and community, but refused to go as far as Labor in its design. While Labor promised a federal Icac, the Coalition maintained carrying out proceedings under the public gaze would only see it abused as a political tool.

On Wednesday, the shadow attorney general, Mark Dreyfus, said the government ran the risk of repeating the banking royal commission history.

“Despite clear public support, they had to be dragged into agreeing to that inquiry, kicking and screaming all the way,” he said.

“They are now doing the same thing with a national integrity commission, despite overwhelming public support for such a body from the Australian people.”

Porter has committed to releasing the exposure draft before the end of the year, with many expecting to see it reach cabinet early next month.