Keeping up with the public sector corruption exposure efforts of IBAC

By Melissa Coade

December 21, 2022

Robert Redlich
Victorian IBAC commissioner Robert Redlich. (AAP Image/James Ross)

Police investigations by Victoria’s Independent Broad-Based Anti-Corruption Commission (IBAC) soared by a whopping 303% in 2022-21.

This was equivalent to reviewing 258 police investigations. IBAC’s handling of suspected corruption or police misconduct also grew by 13% on the previous year, with 5,646 assessments.

The latest IBAC data was published in its annual report, tabled in parliament this week.

The total number of complaints or notifications made to the agency last financial year increased by 30% on the previous reporting period to 3,827.

Reflecting on the year that was, outgoing IBAC commissioner Robert Redlich stressed the need for adequate powers and resources so the agency could meet its legislative obligations.

Redlich also flagged the need to revisit the definition of ‘corruption’ in Victoria’s laws and a future opportunity to give IBAC more flexibility in conducting public hearings. This inevitably would mean law reform, he added.

“In 2021/22, IBAC faced an unprecedented number of legal challenges. The issues in each dispute varied, but all related to IBAC investigations or proposed special reports,” Redlich said.

“While IBAC recognises and respects the importance of persons and organisations being able to bring proceedings to protect their rights, as it stands, elements of IBAC’s legislation cause investigations to be unnecessarily delayed or frustrated by lengthy litigation.”

The commissioner underscored issues such as long periods of delay in the Supreme Court caused by litigants claiming privilege, and the problem with this avenue being the only one available to resolve such claims.

“Litigation arising out of the natural justice process before a report can be finalised and tabled has also delayed the completion of investigations.

“Public hearings may provide IBAC with an alternative means of meeting natural justice requirements,” Redlich said.

The primary goal of IBAC is to ensure Victoria’s public sector acts with integrity — it aims to prevent and expose incidents of corruption and misconduct for government and statutory bodies across the state. This includes examining the activities of councils, police, parliament and the judiciary.

Overall, 19 investigations and preliminary inquiries into alleged serious public sector corruption and police misconduct were completed. Another 30 investigations and preliminary inquiries were commenced in 2021-22.

Redlich said public hearings were an important accountability mechanism and enhanced transparency, as well as public education. For the reporting period, IBAC conducted 115 days of private examinations and held 24 days of public examinations.

Its public hearings examined allegations of serious corrupt conduct during the tendering, procurement and management of major contracts within V/Line and Metro Trains Melbourne as part of Operation Esperance.

“Public hearings were also held as part of Operation Watts, a joint investigation between IBAC and the Victorian Ombudsman,” Redlich said.

“This investigation focused on allegations of misuse of electorate office and ministerial office staff, and resources for branch stacking and other party-related activities.”

In 2021-22 IBAC also made 28 formal recommendations to public sector agencies (including Victoria Police under the IBAC Act to improve systems, processes and controls.

“IBAC published two research reports this year: Corruption risks associated with government-funded human services delivered by community service organisations — which identified procurement and contract management, conflicts of interest, cash handling, inaccurate reporting practices and misuse of sensitive information as areas of risk; and Victoria Police handling of complaints made by Aboriginal people — which highlighted concerning patterns and deficiencies in Victoria Police’s handling of police complaints by Aboriginal people and identified 10 recommendations for improvement,” Redlich said.

“It was pleasing that Victoria Police committed to adopting the recommendations of the research report in full,” he added, also noting two special reports tabled to parliament that highlighted the misuse of power by high-ranking members of the force.

The agency’s number of corruption prevention initiatives also grew by 8% in 2021-22, to 125 programs. One of those initiatives was a survey to better understand perceptions about corruption and misconduct and attitudes towards reporting in Victoria.

More than 12,000 responded to the survey, with an intention for the findings to inform future education work by IBAC and government agencies. Compared to the results of similar surveys undertaken in 2016 and 2019, this latest one found an increase in the public’s perception Victoria had a public sector corruption and police misconduct problem.

“Preventing public sector corruption and police misconduct is a priority for IBAC. We do this by informing the public sector, police and community about the risks and impacts of corruption and police misconduct, and we collaborate with them to reduce the risk of this behaviour occurring,” Redlich said.

“Our prevention work is underpinned by strategic intelligence, analysis and research.

The commissioner’s five-year tenure ended last week. He said he believed he was leaving a strong and effective integrity agency and reminded those who would continue with its work that the trust of the public was critical.

“It is pleasing to see the issue of integrity taking centre stage in the public discourse. This increased public attention on the actions of public servants, police and IBAC is positive,,” Redlich said.

“Well beyond my tenure, IBAC will continue to strive towards its vision of a public sector that acts with integrity for all Victorians.”

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