Some key crossbenchers are expressing concerns the federal government's new integrity commission might be too limited in its ability to hold hearings in public.
Legislation to create the new National Anti-Corruption Commission was introduced to parliament yesterday, and provides capacity for public hearings in "exceptional circumstances" where doing so is in the public interest.
Attorney-General Mark Dreyfus has said the 'default position' will be to hold hearings in private.
The 'exceptional circumstances' test is being called into question by crossbenchers in both the lower house and the Senate, where their votes may prove critical to passing the bill.
The government has pointed to matters of national security, or the risk of prejudicing future court proceedings, as reasons why the integrity body might be reluctant to hold hearings in public.
Senator David Pocock said he does not want the new body to be overly limited in its capacity to conduct public hearings, describing the issue as a "sticking point".
"My thinking is that if you're going to have an independent commission, they should be able to decide for themselves 'is this in the public interest' to have a public hearing," he said.
"I don't think we need to put in there that it is only under exceptional circumstances."
Some crossbenchers are also concerned that the bill does not define "exceptional circumstances", and are worried someone brought before the anti-corruption might be able to test the definition in the High Court.
Independent MP Helen Haines said the words are a genuine issue, and the bill would be better off without them.
"This is really problematic, in that it's not clear what exceptional circumstances are and why we need to have that additional hurdle to jump," she said.
The opposition has voiced cautious support for the model put forward by the government, with Opposition Leader Peter Dutton suggesting it struck the right "balance" on the issue of public hearings.
Independent MP Zoe Daniel it would be disappointing if the "exceptional circumstances" test was added to attract the Coalition's support.
"I would hate to think that the two major parties have got together to protect themselves under a commission that is for the Australian people, to help restore integrity in politics and leadership, and trust among the population," she said.
No crossbencher has yet suggested they would oppose the bill over the issue of public hearings, instead pointing to a committee inquiry process that will be held over coming weeks.
'Exceptional circumstances' a matter for commission
Attorney-General Mark Dreyfus said the "exceptional circumstances" test will be one for the future commission to decide.
"It's a phrase that's there because we want this independent and powerful anti-corruption commission to strike the balance," he said.
"It's an independent decision that this commission is going to make."
And he argues other integrity commissions already operating around the country only hold a fraction of their hearings in public.
"Looking at the experience of the NSW ICAC, only 5 per cent of its hearings are in public," he said.
"That already tells you that it's a fairly exceptional thing for an anti-corruption commission like this to hold a public hearing."
Aside from the issue of public hearings, the bill has so far found fairly broad support across the parliament.
As with all bills, the government does not necessarily need support from the crossbench or opposition in the lower house.
It would, however, need either the opposition, or the Greens and at least some crossbenchers, to pass the bill through the Senate.
But Mr Dreyfus said he is conscious of trying to attract support from across the parliament, even if it is not absolutely necessary to have the body legislated.
He said broad support will help build public confidence in the body.
"I want to see support for this bill from the whole of the Australian Parliament, from everyone in both houses, because that's going to strengthen public reception and public acceptance of this anti-corruption commission," he said.
"The more support we can get, the better."
