Australia’s integrity paradox: Criminal suspects may stay silent while public servants can be compelled to speak

This Comment examines the widening gap between criminal procedure protections against compelled self-incrimination and the compulsory fact-finding powers exercised by Australian integrity and anti-corruption bodies. It argues that while such regimes are justified by different institutional purposes, coercive examinations and secrecy directions can create prolonged reputational and procedural harm if not governed by clear thresholds, time discipline and transparent safeguards. The work proposes tighter legislative and policy guardrails, including regular review of secrecy, improved public reporting and stronger procedural fairness architecture around compulsory questioning.

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Publication Details

Journal
Alternative Law Journal
Published
2026-03-31
DOI
https://doi.org/10.1177/1037969x261439956
Primary Topic
Commonwealth, Australian Politics and Federalism
Type
article
Field-Weighted Citation Impact
0.00
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article

Australia’s integrity paradox: Criminal suspects may stay silent while public servants can be compelled to speak

Michael Stuckey
Alternative Law Journal
Commonwealth, Australian Politics and Federalism
article

Australia’s integrity paradox: Criminal suspects may stay silent while public servants can be compelled to speak

Michael Stuckey
article en

Abstract

This Comment examines the widening gap between criminal procedure protections against compelled self-incrimination and the compulsory fact-finding powers exercised by Australian integrity and anti-corruption bodies. It argues that while such regimes are justified by different institutional purposes, coercive examinations and secrecy directions can create prolonged reputational and procedural harm if not governed by clear thresholds, time discipline and transparent safeguards. The work proposes tighter legislative and policy guardrails, including regular review of secrecy, improved public reporting and stronger procedural fairness architecture around compulsory questioning.

Alternative Law Journal
Victoria School of Management (CH)
Peace, Justice and strong institutions
Openalex Percentile: Top 27%
Commonwealth, Australian Politics and Federalism
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