OF TALL POPPIES AND FAT CATS: LIABILITY FOR FEDERAL CORRUPTION
OF TALL POPPIES AND FAT CATS: LIABILITY FOR FEDERAL CORRUPTION JOHN DEVEREUX* AND ANDREW CLARKE** The authors gratefully acknowledge the assistance of Jeeyang Rhee Baum of the Kennedy School of Government, who kindly reviewed an earlier draft of this article. Any errors remain our own. This paper reflects the law and materials as available to us as at 30 September 2020. Abstract All Australian States and Territories have anti-corruption agencies, but there is not a broad based Federal anti-corruption agency. This article examines whether there is a need for a Federal anti-corruption agency and, if not, why there have been persistent calls for one. The article argues that the push for an anti-corruption agency has its roots in the Australian culture, particularly in tall poppy syndrome. The article argues the current anti-corruption agency proposals are deeply flawed. In place of an anti-corruption agency. A subsequent article will considers the use of a tortious cause of action for those who suffer damage as a result of corruption.
I.
INTRODUCTION
In 1984, Mick Young, Minister of State, landed at Adelaide airport, having returned from an overseas trip. On his arrivals form he said he had nothing to declare in his luggage. In fact, his luggage contained a large stuffed toy bear. A gift for one of his children. “The Paddington Bear Affair” gripped the nation.1 Young was eventually cleared by a Inquiry – but only after he first resigned. Two years earlier, Michael McKellar, a Minister in the Federal Government brought into Australia a 6 inch colour television, but declared it only as a black and white TV. He was sacked, as was John Moore, the customs minister who was said to have handled the matter “clumsily”.2 Little wonder that it has been suggested “When Australia does political scandal, it never seems to reach the heights of other nations.”3 All states in Australia now have anti-corruption agencies. The Federal government does not. In some states in Australia, introduction of an anti-corruption commission was sparked by revelations of serious misconduct or corruption in public office. While there have, of course, been allegations of corruption at the Federal level, such allegations have been considerably fewer in number, and less broad in scope.
* School of Law, University of Queensland. **School of Law, Victoria University of Technology. 1 Max Blenken, ‘Scandal for Government Over Bear in There’, news.com.au (online, 1 January 2013) <https://www.news.com.au/national/breaking-news/scandal-for-labor-over-bear-in-there/newsstory/c01ecc4bb71875bdd095fef16c2edf5d>. 2 Barrie Cassidy, ‘Yes Minister, No Minister, Sacked Minister’ Australian Broadcasting Commission, (online, 17 February 2017) <https://www.abc.net.au/news/2010-02-17/yes-minister-no-minister-sacked-minister/334722?site=thedrum>. 3 Ibid.
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