61. Is it specified that a particular institution(s) is responsible for overseeing compliance with existing rules against abuse of state resources?

Australia

Australia

Answer
No
Source

Existing integrity and anti-corruption arrangements in the Commonwealth public sector are best described as a multi-agency approach and include the Australian National Audit Office and Attorney General and the Australian Electoral Commission.Section 326 of the Commonwealth Electoral Act identifies a number of  illegal acts of bribery which could arguably cover the abuse of state resources to affect the support of a political party and/or candiate(s).  There is currently no specific  body which is responsible for overseeing compliance with existing rules against the abuse of  state resources. 

Sources: Section 326, Commonwealth Electoral Act, 1918 (compilation 68)

A Commonwealth Integrity Commission - proposed reforms. https://www.ag.gov.au/Consultations/Documents/commonwealth-integrity-commission/cic-consultation-paper.pdf

 

Comment

Definition of abuse of state resources: “the undue advantages obtained by certain parties or candidates, through use of their official positions or connections to governmental institutions, to influence the outcome of elections”. The abuse of state resources can include the inappropriate use of  state personnel, state funds and physical assets, and official government communications to the public.

The Federal Government announced on 13th December 2018 that it will establish a Commonwealth Integrity Commission. The Commission would have a public sector integrity division which would have the power to investigate alleged criminal corruption in the public sector including members of Parliament and their staff. Consultations on the proposal closed on 1st Feb 2019.

Sources:

(Organization for Security and Co‑operation in Europe's Office for Democratic Institutions and Human Rights (OSCE/ODIHR), Handbook for the Observation of Campaign Finance 66 [2015]) 

A Commonwealth Integrity Commission - proposed reforms. https://www.ag.gov.au/Consultations/Documents/commonwealth-integrity-commission/cic-consultation-paper.pdf

 

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