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Myriam Robin

Graeme Samuel’s guide to (avoiding) regulatory capture

Myriam RobinRear Window editor

Public servants can’t match the masters of the universe for sheer pay.

But there are other consolations, as outlined by former Australian Competition and Consumer Commission chief turned Monash Professor Graeme Samuel during a recent parliamentary hearing.

“There’s a thing called psychic income,” he told Greens Senator Barbara Pocock last month. “The bad definition of it is that you love rubbing shoulders with important people, and it’s that that gives you the reward for holding high office.”

Psychic income can be accrued from broad societal respect for works done in the public interest. But twisted to mere basking in the pandering of the self-interested, it can “capture regulators very badly and cause problems”.

Former ACCC chairman Graeme Samuel.  Alex Ellinghausen

So, Pocock asked, what does Samuel think of ATO second commissioner (and contender for the top job) Jeremy Hirschhorn taking a $12,000 trip to Paris courtesy of PwC? The November 2019 trip, to address a global tax conference, occurred as PwC wrestled with the ATO over its tax leaks scandal.

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While professing his ignorance of the details, as outlined it would raise “serious questions”, Samuel responded. Before expanding on the theme.

“I’ve seen a regulator I won’t name attending the Australian Open in a corporate box when, I know, at the very time that that occurred, the organisation was assessing a particular proposal by that organisation. It seemed to me to be absolutely inappropriate to be accepting entertainment.

“I had one bank that invited me to lunch with the board five times; I kept refusing. The managing director phoned me one day and said, ‘Graeme, what’s going on?’ I said, ‘I’m not going to accept those invitations’.

“He said: ‘Why? Do you think I’ll corrupt you?’

“I said: ‘No, but you’ll have a darn good try’!”

Myriam Robin is Rear Window editor based in the Melbourne newsroom. A Rear Window columnist since 2017, she previously reported on financial markets and media. Connect with Myriam on Twitter. Email Myriam at myriam.robin@afr.com

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