IBAC is one of three key independent authorities in the Victorian integrity system. The other agencies are the and the . Under the IBAC Act, IBAC is accountable to the people of Victoria and reports to the State Parliament. It is also subject to scrutiny through:
the
the .
History
The IBAC Act was passed on 29 November 2011, establishing:
the role of the Commissioner
the Parliamentary Committee to oversee IBAC
IBAC's prevention and education functions.
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 with the Protected Disclosure Act 2012. IBAC was formally established on 1 July 2012 and became fully operational in February 2013.
Powers
IBAC has powers to effectively investigate allegations of serious corrupt conduct. These include the power to:
compel the production of documents and objects
enter and search premises
seize documents and objects
use surveillance devices
intercept telecommunications
hold private and public hearings
require people to give evidence at a hearing.
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. 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. 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." 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, these included:
the extent to which IBAC must reasonably be satisfied before investigation complaints or allegations of corrupt conduct
the introduction of mandatory reporting for principal officers of public bodies.
The Bill was not passed during the final session of Parliament before the November 2014 Victorian State election. 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. A string of investigations in 2015 renewed public support to bring forward changes to the IBAC Act, with the government confirming its commitment to introduce a Bill to State Parliament in 2015.
how contracts around the online learning portal were tendered for and awarded
the personal and business connections between department employees and businesses involved in the Ultranet project
whether current or former department employees released confidential information, or used their position to influence procurement processes
whether department employees received payments, gifts, travel, employment opportunities or other benefits because they were involved in the Ultranet tender or procurement processes
department procurement and conflict of interest processes, and organisational culture.
Operation Ord Operation Ord examined allegations of serious corruption at the DET focusing on the:
involvement of current and former DET staff in the establishment of ‘banker schools’
allocation of funds to schools for goods and services that were not always provided
misuse of department funds.
Operation Sandon In late 2019 and early 2020, IBAC conducted public hearings for Operation Sandon, which examined allegations of serious corrupt conduct in relation to planning and property development decisions at the outer suburban City of Casey council. focusing on:
the transparency and integrity of planning and property development decision making within Victoria
the improper influence of gifts, hospitality or benefits on public officers involved in planning and property development decision-making
whether the use of professional lobbyists or planning consultants to lobby State and local government has resulted in undue influence over planning and property development decision making within Victoria.
