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Wednesday, 10 November 1982
Page: 3040


Mr JACOBI(1.4 a.m.) —I refer to clause 27, which is the disclosure of interests provision. Sub-clause (1) states:

A member or acting member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature . . .

Sub-clause (2) states:

A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Commission . . .

I want to put a proposition to the Acting Attorney-General (Mr N.A. Brown). I am not asking for any decision to be made but I think the Minister ought to think about this matter. We had the position not long ago whereby witnesses before the National Crimes Commission could in fact self-incriminate themselves. A public disclosure could be made. Politicians will be asked to declare their pecuniary interests. I refer to part time commissioners on the National Companies and Securities Commission. Honourable members know the case. I will not go into the details. We know the details of the case of Uhrig and Nosworthy. Both those people had conflicting interests in a takeover position which the Commission had to determine. I put this to the Minister quite sincerely. What are we thinking about when we talk about pecuniary interests? Obviously we are looking at a commission that will inquire into four or five areas-corporate crime, computer crime, white collar crime, bank related crime and, perhaps, miscellaneous fraud. I would not have thought it unreasonable, if witnesses are to be placed in the position of having to disclose certain things, that acting members of the Commission should be obliged to disclose any conflict of interest or pecuniary interests in a matter. The public is entitled to that disclosure. People before the Commission in regard to a particular investigation also have an entitlement to know that. I am not asking the Minister to make a decision tonight but the matter is worthy of consideration. I do not see why it should be saddled up in the minutes of the Commission. If I understand the position from my lengthy questions to the Attorney-General (Senator Durack), the National Companies and Securities Commission has to face exactly the same problems. I think the Government will have to bring in amending legislation to overcome those problems. The situation is quite wrong. These details ought to be made public and I can see no reason why they should not be. I would like to have an indication from the Minister as to why they are not to be made public.