Victoria's peak integrity body, IBAC, is pushing for
more public hearings to investigate and deter corruption.
The Independent Broad-based Anti-corruption commissioner Victoria Elliott welcomed the government's promise to give IBAC follow-the-money powers, but said the agency will push to make greater use of public hearings. The proposed changes would enable IBAC to investigate misuse of taxpayer money and abuse of public office that doesn't constitute a crime.
Victoria Elliott pointed out that IBAC's threshold is the highest in the country, restricting its ability to investigate serious breaches of public trust or abuse of power. This is in contrast to the fact that conduct investigated is still serious enough for public officials to lose their jobs. Elliott cited examples of investigations in other jurisdictions where similar behaviour is considered corrupt. She pointed out that while the conduct may not be punishable under current laws, it's still a serious issue that affects public trust.
The issue of public hearings is contentious, with Labour's Premier Jacinta Allan agreeing to consider broadening the definition of corrupt conduct if re-elected in November. But her Liberal counterpart, Jess Wilson, initially opposed the change, only to open the door to including a broader definition in IBAC legislation in the first week of a Coalition government. Wilson has vowed to introduce legislation to give IBAC follow-the-money powers and lower the threshold for public hearings.
Under its proposed model, IBAC would still have to demonstrate that holding a public examination is in the public interest, wouldn't cause unreasonable damage to a witness' reputation or safety, and that the investigation relates to serious or systemic conduct. Elliott emphasized that public hearings will not be held willy-nilly, but will be used judiciously.
IBAC's chief executive, Alison Byrne, described the proposed changes as a significant step forward in improving integrity in Victoria by enabling the agency to investigate misuse of taxpayer money. Byrne added that the changes will also help build trust in the police and public sector. Wilson described the timeline for the changes as unacceptable and demanded that the expert reference group bring forward its reporting date, giving the newly elected government advice to consider immediately.
Victoria's last Coalition government limited IBAC's capacity to hold public hearings to exceptional circumstances, while the current Labour government has made it even more difficult for IBAC to hold public examinations. Former premier Daniel Andrews was examined by IBAC behind closed doors in relation to four separate corruption probes, which highlights the need for greater transparency in the investigation process.
### Victoria Elliott's Key Statement
'IBAC's threshold is the highest threshold in the country. Conduct that can be investigated by the Commonwealth or in NSW, we can't look at here.'
### Key Facts
- Victoria Elliott is the Independent Broad-based Anti-corruption commissioner.
- Premier Jacinta Allan has promised to consider broadening the definition of corrupt conduct if re-elected in November.
- Jess Wilson's Liberal and Nationals government will seriously consider a broader definition of corruption in its IBAC legislation.
- IBAC's proposed changes would enable the agency to investigate misuse of taxpayer money and abuse of public office that doesn't constitute a crime.
- The current definition of corrupt conduct restricts IBAC's ability to investigate serious breaches of public trust or abuse of power.
- The proposed changes would not make public hearings automatic but would be used judiciously, taking into account the potential impact on witnesses.
- The expert reference group is expected to make recommendations by May next year to inform legislation to be introduced by the end of 2027.
- Wilson described the timeline for the changes as unacceptable and demanded it be shortened.
- The proposed changes will enable IBAC to investigate and deter corruption more effectively by giving it greater powers to investigate misuse of taxpayer money.
- The changes are expected to improve integrity in Victoria and build trust in the police and public sector.
- The proposed changes will make it easier for IBAC to investigate suspected corruption by giving it greater flexibility to hold public hearings.