RULE OF LAW – CONTENTS

The RULE OF LAW – An Accountability Round Table Position Paper – December 2021

To view each section of this paper, click the chapter links below.

CONTENTS

Preamble

Preamble to Rule of Law Position Paper

Recommendations

Recommendations to protect and enhance the Rule of Law, Accountability and the Public Trust in Australia

Unpacking the Rule of Law, Accountability and the Public Trust

1. What is the problem?
2. Reform is not only absolutely necessary but entirely possible
3. The Rule of Law explained
4. Domestic and International Rule of Law
5. Accountability
6. Requirements for Procedural Fairness
7. Public Trust
8. Separation of Powers

Accountability Mechanisms – Problems and Opportunities for Reform

1. Parliament – General
2. Parliamentary control of legislation
3. Parliamentary control of treaties
4. Parliamentary control of money – the reason we are a democracy
5. Parliamentary majority determines government
6. Going to war
7. Accountability via Parliament
8. Institutions that assist parliament
9. Commonwealth Integrity Commission (CIC)
10. Parliamentary assessment of corruption risks
11. Judicial Review and Administrative Law
12. Freedom of Information, The Right to Know and the Australia Information Commissioner
13. Criminal Justice institutions
14. Importance of independence for key integrity agencies and their officials
15. Codes of Conduct
16. Imposing consequences of lying
17. Accountability of MPs and their parties via elections
18. Money and Politics
19. The Media as an Accountability Mechanism

What Should We Do?

1. Deploying the insights of many disciplines
2. Integrity Systems and an Enduring Governance Reform Commission
3. Governance Reform Commission
4. Culture
5. Ethical Leadership

Conclusion & Next Steps

1. Conclusion and Next Steps