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Parliamentary Questions


Question Without Notice No. 373 asked in the Legislative Council on 24 June 2021 by Hon Tjorn Sibma

Parliament: 41 Session: 1

CORRUPTION AND CRIME COMMISSIONER — REAPPOINTMENT

373. Hon TJORN SIBMA to the parliamentary secretary representing the Attorney General:

I refer to the Attorney General's answer to my question of 22 June on the Corruption, Crime and Misconduct Amendment Bill 2021.

(1) Can the Attorney General please describe the manner by which a candidate for the role of Corruption and Crime Commissioner is ''chosen'' by the independent nominating committee chaired by the Chief Justice of Western Australia?

(2) In relation to the above, can the Attorney General clarify the procedure by which the independent nominating committee in this particular instance, and of its own volition, ''chose'' the Premier's preferred candidate, Mr McKechnie?

Hon MATTHEW SWINBOURN replied:

I thank the member for some notice of the question. I provide the following response on behalf of the Attorney General.

(1)–(2) Under section 9(3b) of the Corruption, Crime and Misconduct Act 2003, the nominating committee is required to advertise throughout Australia for expressions of interest. The nominating committee is defined as a committee consisting of the Chief Justice, Chief Judge of the District Court and a person appointed by the Governor to represent the interests of the community. Under section 9(3a)(a), except in the case of the first appointment, the nominating committee submits to the Premier a list of three persons eligible for appointment as commissioner. Although not a requirement of the act, in submitting the list to the Premier, Hon Peter Quinlan, Senior Counsel, as chair of the nominating committee, described Mr McKechnie, QC, as the ''outstanding nominee for the position'' in the view of the nominating committee. Mr McKechnie, QC, was the only nominee chosen by the nominating committee to be described in this way. As to why the independent nominating committee chose to describe Mr McKechnie, QC, in this way, this can only be known by the independent nominating committee.