Key Takeaways
- Victoria’s anti-corruption watchdog, Ibac, should be overhauled with a broader definition of corrupt conduct to pursue cases involving serious disciplinary offenses or breaches of public trust.
- The oversight of Victoria police should be strengthened, with the force legally required to implement Ibac recommendations or publicly state why it is not doing so.
- Ibac should establish a dedicated Aboriginal engagement unit and a police corruption and misconduct division to increase public confidence and improve its capacity to conduct effective investigations.
- The law should be changed to require police to implement Ibac’s recommendations and provide progress reports, and to ensure Ibac provides complainants with reasons when a complaint is referred to police.
- The Victorian government should consider aligning its legislation with other jurisdictions, such as the NSW Independent Commission Against Corruption and the National Anti-Corruption Commission.
Introduction to Ibac Overhaul
Victoria’s anti-corruption watchdog, Ibac, is in need of an overhaul, according to a parliamentary committee. The committee has found that Ibac’s legislative framework is inadequate and that a broader definition of corrupt conduct is needed to allow it to pursue cases such as those involving former New South Wales premier Gladys Berejiklian and her ex-partner Daryl Maguire. The committee has made 31 recommendations in its 149-page report, including changes to the definition of corrupt conduct, follow-the-dollar powers, and investigations.
Definition of Corrupt Conduct
The committee has recommended that the Victorian government broaden the definition of corrupt conduct to include matters involving serious disciplinary offenses, misconduct worthy of termination, or other relevant offenses or instances considered in breach of public trust. This change would align Victoria’s legislation with other jurisdictions, such as the NSW Independent Commission Against Corruption and the National Anti-Corruption Commission. The committee noted that many organizations and individuals, including the Centre for Public Integrity and the former Ibac commissioner Robert Redlich, have recommended broadening the definition of corrupt conduct.
Oversight of Victoria Police
The committee has also made a series of recommendations designed to improve the oversight and accountability of Victoria police. The law should be changed to require police to implement Ibac’s recommendations and provide progress reports, the committee found. Additionally, Ibac should establish a dedicated police corruption and misconduct division to increase public confidence and improve its capacity to conduct effective investigations. The committee noted that Victoria police was invited to provide evidence for the inquiry but declined to provide a written submission, instead providing four short responses to questions on notice.
Investigations and Complaints
The committee has recommended that Ibac, rather than Victoria police, should investigate complaints and disclosures about serious police misconduct, unless there are exceptional circumstances. The law should also be changed to ensure that police can no longer claim that documents collected during investigations referred to it from Ibac are exempt from freedom of information applications. Furthermore, legal changes should be made to require Ibac to provide complainants with reasons when a complaint is referred to police. The committee asked Victoria police whether the current process of investigating complaints about police was working effectively, but the response was that it was a question for Ibac and the government.
Conclusion and Recommendations
In conclusion, the parliamentary committee has made a series of recommendations designed to improve the effectiveness of Ibac and the oversight of Victoria police. The committee’s report highlights the need for a broader definition of corrupt conduct and stronger oversight of police to increase public confidence and improve the integrity of the system. The Victorian government should consider the committee’s recommendations and make the necessary changes to ensure that Ibac is able to effectively investigate cases of corruption and misconduct. By implementing these changes, Victoria can align its legislation with other jurisdictions and improve its reputation for integrity and transparency.