Independent Broad-based Anti-corruption Commission explained

Agencyname:Independent Broad-based Anti-corruption Commission (IBAC)
Abbreviation:IBAC
Formed:1 July 2012
Budget: million (2014–2015)
Preceding1:Office of Police Integrity
Employees:200
Country:Australia
Divtype:state
Divname:Victoria
Governingbody:Parliament of Victoria
Constitution1: (IBAC Act)
Headquarters:Level 1, 459 Collins Street, Melbourne, Victoria, Australia
Chief1name:Stephen Farrow
Chief1position:Acting Commissioner
Chief2name:Marlo Baragwanath
Chief2position:CEO

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

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 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. 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. The Public Interest Monitor reviews and makes submissions on IBAC's applications for surveillance device warrants and telecommunications interception warrants.

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

See main article: Kellam Review. 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 25June 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 with Mick Gatto which included the gift of tickets with a face value of $4,400 and Dean giving evidence at Gatto's trial for the murder of Andrew "Benji" Veniamin. Dean claimed that he did not know until 2016 that Gatto 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, 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]

Notes and References

  1. Web site: Protective services officers. legalaid.vic.gov.au. 2016-01-05. en-AU. Rhys. Owen.
  2. Web site: Independent Broad-based Anti-corruption Commission Act 2011 Act. legislation.vic.gov.au. 2020-06-16.
  3. Web site: Victoria's New Protected Disclosure Regime – Maddocks. Maddocks. 2016-01-05. en-US.
  4. Web site: Whistleblowers Protection Act 2001.
  5. Web site: Protected Disclosure Act 2012. legislation.vic.gov.au. 2015-12-31.
  6. Web site: The first 100 days – from Ron Bonighton, Acting Commissioner, IBAC. ibac.vic.gov.au. 2015-12-31.
  7. Web site: Our investigative powers. ibac.vic.gov.au. 2015-12-31.
  8. Web site: Public Interest Monitor Act 2011. legislation.vic.gov.au. 2015-12-31.
  9. Web site: December 2020 . Victoria's watchdog losing teeth . 19 October 2020 . .
  10. Web site: Baillieu's toothless tiger. . 14 May 2012 . 2016-01-05.
  11. News: Corruption watchdog is 'flawed'. . 2013-03-05. 2016-01-05. Melissa Fyfe and Royce. Millar.
  12. Web site: Annual Report 2012/13, Commissioner's report.
  13. Web site: IBAC, Special report following IBAC's first year of being fully operational, April 2014.
  14. Web site: INTEGRITY LEGISLATION AMENDMENT BILL 2014. austlii.edu.au. 2016-01-05.
  15. News: IBAC changes 'may not have time to be debated'. . 2014-09-16 . 2016-01-05. Richard Willingham, State Political. Correspondent.
  16. News: Andrews government gives more powers to corruption busters, revamps public service. . 2015-02-01. 2016-01-05. Farrah. Tomazin.
  17. News: Operation Ord proves IBAC's worth. . 2015-06-30. 2016-01-05. Richard. Baker.
  18. News: IBAC to get beefed-up powers to probe MPs, judges, public servants. . 2015-11-29. 2016-01-05. Farrah. Tomazin.
  19. Web site: Sakkal. Paul . Erin . Pearson . 2019-03-01. Informer 3838: Timeline of a scandal 26 years in the making. 2022-02-08 . . en.
  20. Web site: Inquiry into Victoria Police human source management concludes. 2022-02-08. IBAC. en.
  21. Web site: 2020-01-16 . The Mysterious Lawyer X . 2022-03-27 . The California Sunday Magazine . en.
  22. Web site: IBAC supports Royal Commission into management of police informants . 2022-03-27 . IBAC . en.
  23. News: How the Ultranet scandal unfolded.
  24. News: $60m Ultranet cost blowout likely: inquiry.
  25. News: The man behind the $1m Ultranet payment: 'I saw it as my only option'.
  26. Web site: Operation Ord. IBAC.
  27. News: Baker. Richard. Operation Ord proves IBAC's worth. The Age. 2016-05-01.
  28. Web site: Operation Sandon. IBAC.
  29. News: Rollason. Bridget. What you need to know about the corruption inquiry into City of Casey Council. Australian Broadcasting Corporation. 2019-11-23.
  30. Web site: 25 July 2021 . Victoria Police Commander found guilty after IBAC investigation . 26 March 2022 . IBAC: Independent Broad-based Anti-corruption Commission.
  31. Web site: Schelle . Caroline . 6 August 2021 . Stuart Bateson: Victorian top cop who inspired Underbelly character fined over leaking . 26 March 2022 . news.com.au.
  32. News: 2022-05-04 . Police officer accused of misconduct did not know of friend Mick Gatto's criminal history, IBAC told . en-AU . ABC News . 2022-05-07.
  33. News: 2022-05-06 . 'About $50 a coffee': Victoria police officer reveals code words used for secret payments . en-AU . ABC News . 2022-05-07.
  34. Web site: Operation Watts special report July 2022 . Independent Broad-based Anti-corruption Commission . 4 October 2022 . en . 20 July 2022.
  35. Web site: Operation Watts Recommendations . Independent Broad-based Anti-corruption Commission . 4 October 2022 . 20 July 2022.
  36. Web site: Operation Watts . Independent Broad-based Anti-corruption Commission . 4 October 2022 . para. 739 . 158 . 20 July 2022.
  37. News: Redlich AM KC . Robert . Mitchell AO . Neil . IBAC commissioner says he'll 'ensure' report recommendations are implemented . 4 October 2022 . 3AW . 3AW . 27 July 2022 . timestamp: 4:00 . en . Radio Interview.

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