Independent Broad-based Anti-corruption Commission

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Independent Broad-based Anti-corruption Commission (IBAC)
Independent Broad-based Anti-corruption Commission (IBAC).jpg
AbbreviationIBAC
Agency overview
Formed1 July 2012
Preceding agency
Employees200
Annual budgetA$31 million (2014–2015)
Jurisdictional structure
Operations jurisdictionVictoria, Australia
Governing body Parliament of Victoria
Constituting instrument
Operational structure
HeadquartersLevel 1, 459 Collins Street, Melbourne, Victoria, Australia
Agency executives
  • Stephen Farrow, Acting Commissioner
  • Marlo Baragwanath, CEO
Website
ibac.vic.gov.au

The Independent Broad-based Anti-corruption Commission (IBAC) is Victoria's anti-corruption agency with jurisdiction over the public sector. It does this by:

Contents

Overview

IBAC's jurisdiction includes:

IBAC is one of three key independent authorities in the Victorian integrity system. The other agencies are the Ombudsman of Victoria and the Victorian Auditor-General's Office.

Under the IBAC Act, [2] IBAC is accountable to the people of Victoria and reports to the State Parliament.

It is also subject to scrutiny through:

History

The IBAC Act [2] was passed on 29 November 2011, establishing:

In 2012, the IBAC Act was amended to grant IBAC certain investigative powers as well as define its main areas of jurisdiction. [2] Further legislation was subsequently introduced to replace the former Whistleblowers Protection Act 2001 [3] [4] with the Protected Disclosure Act 2012 (Protected Disclosure Act). [5]

IBAC was formally established on 1 July 2012 [6] and became fully operational in February 2013.

Powers

IBAC has powers to effectively investigate allegations of serious corrupt conduct. These include the power to:

IBAC must apply to the Supreme Court or other courts and tribunals before exercising some powers. [2] The Public Interest Monitor reviews and makes submissions on IBAC's applications for surveillance device warrants and telecommunications interception warrants. [8]

Prior to its establishment, the powers granted under the IBAC Act were publicly criticised. [10] Following establishment, former Court of Appeal judge and Chair of the Accountability Round Table, Stephen Charles QC, said the IBAC legislation was "seriously flawed" and that IBAC required investigatory powers similar to those of the New South Wales Independent Commission Against Corruption. [11]

IBAC's Commissioner Stephen O’Bryan QC stated:

"As with any new and complex legislation, it is not until it is applied in practice over time that areas for improvement are best identified. I am confident that the IBAC Act provides a solid initial framework for Victoria's new integrity regime and that, as with any such legislation, it will transform over time. Certainly, if elements of the Act fall short of what is needed to carry out most effectively its objectives and purposes, I have publicly stated that I will seek appropriate amendment." [12]

After a year of full operation, the Commissioner determined some areas of the IBAC Act would benefit from amendment. Detailed in the April 2014 Special report following IBAC's first year of being fully operational, [13] these included:

In September 2014, the Integrity Legislation Amendment Bill 2014 [14] (Bill) was introduced to Parliament. The Bill proposed amendments to:

The Bill was not passed during the final session of Parliament before the November 2014 Victorian State election. [15]

On 1 February 2015, the newly sworn in Labor Government announced it was undertaking a review of the Victorian integrity system, including changes to IBAC's powers. [16] A string of investigations in 2015 renewed public support to bring forward changes to the IBAC Act, [17] with the government confirming its commitment to introduce a Bill to State Parliament in 2015. [18]

Investigations

Operation Leven

In July 2014 IBAC appointed former Justice of the Supreme Court of Victoria Murray Kellam to undertake an enquiry into Victoria Police human source management. After examining 14 witnesses under oath and reviewing more than 5500 documents Kellam produced a confidential report to IBAC in February 2015 finding a high order of negligence in the handling of human sources by Victoria Police. [19] [20] In 2016 it was claimed that documents had been withheld from the enquiry by Victoria Police but the complaint was dismissed. [19] After these enquiries concluded that there was an obligation to inform some of Gobbo's former clients of her actions both Gobbo and Victoria Police launched legal action to keep the information suppressed which eventually became the AB v CD case. [21] This in turn led to the Royal Commission into the management of Victoria Police informants. [22]

Operation Dunham

Operation Dunham examined allegations of serious corruption at the Department of Education and Training (DET) [23] focusing on:

Operation Ord

Operation Ord [26] examined allegations of serious corruption at the DET [27] focusing on the:

Operation Sandon

In late 2019 and early 2020, IBAC conducted public hearings for Operation Sandon, [28] which examined allegations of serious corrupt conduct in relation to planning and property development decisions at the outer suburban City of Casey council. [29] focusing on:

Stuart Bateson

In 2019, Victoria Police Commander Stuart Bateson was charged with leaking confidential information from IBAC to a junior police officer contrary. Bateson was found guilty on 25 June 2021 and sentenced in August 2021 when he was fined $6,000 without a conviction being recorded. [30] [31]

Wayne Dean

In May 2022, IBAC held hearings into Detective Sergeant Wayne Dean from Victoria Police examining allegations of misconduct and the appropriateness of some of his relationships such as Dean's relationship that with Mick Gatto which included the gift of tickets with a face value of $4,400 and Dean giving evidence at Gotto's trial for the murder of Andrew "Benji" Veniamin. Dean claimed that he did not know until 2016 that Gobbo had an extensive criminal history and admitted that he should have registered Gatto as a "declarable association" indicating that a conflict of interest may arise. Dean admitted to accepting cash from debt collector Bill Meletsis and misusing his position as a police officer to pressure debtors to pay and is being investigated for unauthorised access to and distribution of materials from police systems. [32] [33]

Operation Watts

In July 2022, IBAC, in collaboration with the Victorian Ombudsman, handed down their final report of their investigation into allegations of misuse of electorate office and ministerial office staff and resources for branch stacking and other party-related activities by members of the Labor Party's Victorian branch. [34]

The findings of the report include:

The report set out a list of 21 recommendations to address ongoing corruption risks and promote integrity within the Victorian Government. [35]

Among other things, the report found that "unethical practices are embedded in the Victorian branch of the ALP and are systemic to all of the ALP's factions" and "that these practices have been approved or condoned by the party leadership for decades". [36] Shortly after, IBAC Commissioner, The Hon Robert Redlich AM KC , confirmed that in saying "party leadership", he included Daniel Andrews and that Andrews, at a minimum, was aware of the conduct outlined in the investigation. [37]

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References

  1. ↑ Owen, Rhys. "Protective services officers". legalaid.vic.gov.au. Retrieved 5 January 2016.
  2. 1 2 3 4 "Independent Broad-based Anti-corruption Commission Act 2011 Act". legislation.vic.gov.au. Retrieved 16 June 2020.
  3. ↑ "Victoria's New Protected Disclosure Regime – Maddocks". Maddocks. Retrieved 5 January 2016.
  4. ↑ "Whistleblowers Protection Act 2001" (PDF).
  5. ↑ "Protected Disclosure Act 2012". legislation.vic.gov.au. Retrieved 31 December 2015.
  6. ↑ "The first 100 days – from Ron Bonighton, Acting Commissioner, IBAC". ibac.vic.gov.au. Retrieved 31 December 2015.
  7. ↑ "Our investigative powers". ibac.vic.gov.au. Retrieved 31 December 2015.
  8. 1 2 "Public Interest Monitor Act 2011". legislation.vic.gov.au. Retrieved 31 December 2015.
  9. ↑ "Victoria's watchdog losing teeth" (PDF). The Australia Institute . December 2020. Retrieved 19 October 2020.{{cite web}}: CS1 maint: url-status (link)
  10. ↑ "Baillieu's toothless tiger". The Sydney Morning Herald . 14 May 2012. Retrieved 5 January 2016.
  11. ↑ Millar, Melissa Fyfe and Royce (5 March 2013). "Corruption watchdog is 'flawed'". The Age . Retrieved 5 January 2016.
  12. ↑ "Annual Report 2012/13, Commissioner's report" (PDF).
  13. ↑ "IBAC, Special report following IBAC's first year of being fully operational, April 2014" (PDF).
  14. ↑ "INTEGRITY LEGISLATION AMENDMENT BILL 2014". austlii.edu.au. Retrieved 5 January 2016.
  15. ↑ Correspondent, Richard Willingham, State Political (16 September 2014). "IBAC changes 'may not have time to be debated'". The Age . Retrieved 5 January 2016.
  16. ↑ Tomazin, Farrah (1 February 2015). "Andrews government gives more powers to corruption busters, revamps public service". The Age . Retrieved 5 January 2016.
  17. ↑ Baker, Richard (30 June 2015). "Operation Ord proves IBAC's worth". The Age . Retrieved 5 January 2016.
  18. ↑ Tomazin, Farrah (29 November 2015). "IBAC to get beefed-up powers to probe MPs, judges, public servants". The Age . Retrieved 5 January 2016.
  19. 1 2 Sakkal, Paul; Pearson, Erin (1 March 2019). "Informer 3838: Timeline of a scandal 26 years in the making". The Age . Retrieved 8 February 2022.
  20. ↑ "Inquiry into Victoria Police human source management concludes". IBAC. Retrieved 8 February 2022.
  21. ↑ "The Mysterious Lawyer X". The California Sunday Magazine. 16 January 2020. Retrieved 27 March 2022.
  22. ↑ "IBAC supports Royal Commission into management of police informants". IBAC. Retrieved 27 March 2022.
  23. ↑ "How the Ultranet scandal unfolded".
  24. ↑ "$60m Ultranet cost blowout likely: inquiry".
  25. ↑ "The man behind the $1m Ultranet payment: 'I saw it as my only option'".
  26. ↑ "Operation Ord". IBAC.
  27. ↑ Baker, Richard (1 May 2016). "Operation Ord proves IBAC's worth". The Age .
  28. ↑ "Operation Sandon". IBAC.
  29. ↑ Rollason, Bridget (23 November 2019). "What you need to know about the corruption inquiry into City of Casey Council". Australian Broadcasting Corporation.
  30. ↑ "Victoria Police Commander found guilty after IBAC investigation". IBAC: Independent Broad-based Anti-corruption Commission. 25 July 2021. Retrieved 26 March 2022.{{cite web}}: CS1 maint: url-status (link)
  31. ↑ Schelle, Caroline (6 August 2021). "Stuart Bateson: Victorian top cop who inspired Underbelly character fined over leaking". news.com.au. Retrieved 26 March 2022.{{cite web}}: CS1 maint: url-status (link)
  32. ↑ "Police officer accused of misconduct did not know of friend Mick Gatto's criminal history, IBAC told". ABC News. 4 May 2022. Retrieved 7 May 2022.
  33. ↑ "'About $50 a coffee': Victoria police officer reveals code words used for secret payments". ABC News. 6 May 2022. Retrieved 7 May 2022.
  34. ↑ "Operation Watts special report July 2022". Independent Broad-based Anti-corruption Commission. 20 July 2022. Retrieved 4 October 2022.
  35. ↑ "Operation Watts Recommendations" (PDF). Independent Broad-based Anti-corruption Commission. 20 July 2022. Retrieved 4 October 2022.
  36. ↑ "Operation Watts" (PDF). Independent Broad-based Anti-corruption Commission. para. 739. 20 July 2022. p. 158. Retrieved 4 October 2022.{{cite web}}: CS1 maint: location (link)
  37. ↑ Redlich AM KC, Robert; Mitchell AO, Neil (27 July 2022). "IBAC commissioner says he'll 'ensure' report recommendations are implemented" (Radio Interview). 3AW. timestamp: 4:00. 3AW. Retrieved 4 October 2022.{{cite news}}: CS1 maint: location (link)
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