Victoria’s anti-corruption watchdog is set for a significant overhaul following a parliamentary committee’s recommendations aimed at broadening the definition of corrupt conduct. This shift could empower the Independent Broad-based Anti-corruption Commission (IBAC) to pursue cases similar to those involving former New South Wales Premier Gladys Berejiklian and her former partner Daryl Maguire. The committee’s findings were detailed in a comprehensive report released this week.
In its 149-page report, the Integrity and Oversight Committee put forth 31 recommendations designed to enhance IBAC’s legislative framework. Among these is a proposal to expand the definition of corrupt conduct to encompass serious disciplinary offences, misconduct that warrants termination, and other breaches of public trust by public officers. This recommendation aligns with advocacy from various organizations, including the Centre for Public Integrity, the Law Institute of Victoria, and Transparency International Australia.
The report highlighted that the existing definition limits IBAC’s ability to investigate significant cases. The committee noted that the New South Wales Independent Commission Against Corruption (NSW ICAC) has adopted a broader definition, allowing it to investigate high-profile cases, including those involving Berejiklian and Maguire, who were found to have engaged in serious corrupt conduct in 2023.
Strengthening Oversight of Victoria Police
The committee did not stop at redefining corrupt conduct; it also proposed critical changes to improve the oversight of Victoria Police. One major recommendation is to mandate the police force to implement IBAC’s recommendations. Additionally, police would be required to submit progress reports on these implementations within six months and at regular intervals thereafter.
Moreover, the establishment of a dedicated police corruption and misconduct division within IBAC aims to restore public confidence in the state’s handling of corruption complaints. The committee emphasized that this division would enhance IBAC’s capacity for effective investigations and bolster its independence from police influence.
As part of the inquiry, Victoria Police was invited to provide evidence but opted not to submit a written statement, offering only brief responses to inquiries. The committee raised concerns regarding the effectiveness of the current complaint handling process, noting that IBAC investigates less than 1% of the complaints it receives about police misconduct. In response, Victoria Police stated that most complaints are handled internally, emphasizing that the evaluation of complaints is contingent on legislative and operational factors.
Legal Reforms and Future Directions
The committee’s recommendations also include legal reforms to ensure that IBAC, rather than Victoria Police, investigates serious misconduct allegations. Furthermore, it proposed changes to prevent police from claiming that documents gathered during IBAC investigations are exempt from freedom of information requests.
The report underscores an ongoing consultation by the Victorian government regarding a police oversight model, which includes considerations for a separate parliamentary inquiry dating back to 2018. These reforms are expected to reshape the landscape of anti-corruption efforts in Victoria, enhancing accountability and fostering transparency within public institutions.
As the situation evolves, the recommendations aim to align Victoria’s anti-corruption framework with practices seen in other jurisdictions, thereby fortifying the integrity of public office and restoring public trust in law enforcement agencies.
