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The proposed tapping of parliamentarians’ phones by the National Anti-Corruption Commission has drawn questions for possible breach of private communication.
Parliamentarians are examining the possibility of giving the agency legal authority to tap phones and access telecom data for the sake of its investigations.
Phone calls can be intercepted by state-based anti-corruption commissions, such the ICAC in NSW.
Having a national organization, however, has brought up questions regarding parliamentary privilege, which protects the communications of politicians.
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“You get more confusion as soon as you give somebody some powers that seem to reach into all the activities of parliamentarians,” Senate clerk Richard Pye said in an inquiry into the measure.
Pye offers amendments to ensure the protection of privilege is unquestionable.
Parliamentarians must make a claim of privilege, but because investigations are secret, they won’t be aware of what is being accessed.
According to Pye, if the situation arose, it was feasible that another legislative officer, the Senate president, or the lower house speaker might be called upon.
Pye said, “Trying to find a way the question of privilege can be given some regard from someone separate from the investigative process … is probably the sort of direction you’d expect it to go.”
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James Paterson, a liberal senator, questioned whether it was possible to appoint a neutral advocate for lawmakers so that their identity would not be revealed during an investigation.
According to Pye, there would be instances where an impartial advocate would be suitable.
William Stoltz, a national security specialist, said certain security measures must be put in place to secure sensitive information on federal cabinet members.
Stoltz said, “The interaction of NACC investigations with the prime minister and other cabinet members must therefore be handled with the greatest care.”
Additional safeguards are required to keep foreign adversaries from gaining access to the information the integrity body has acquired about national security, according to Stoltz,
“Due to the potential chilling eff ect on cabinet confidentiality and the potential risk to national security information, additional safeguards are required,” he said.
In the final sitting week of parliament, the Albanese administration will need the backing of the Greens and one crossbencher to pass its legislation through the Senate.
Jaw de Guzman is the content producer for Comms Room, a knowledge platform and website aimed at assisting the communications industry and its professionals.
