The Victorian Government has announced its plan to strengthen the state’s integrity system and give the Independent Broad-based Anti-Corruption Commission (IBAC) far reaching powers – including follow-the-money investigatory powers.
The Integrity and Oversight Committee’s report, Inquiry into the adequacy of the legislative framework for the Independent Broad-based Anti-Corruption Commission made 31 recommendations about IBAC’s legislative framework, 29 which were directed to government.
The Government supports 21 of the recommendations in principle and eight are under review.
The Government announced it will move to immediately establish an expert reference group to provide advice on the development of legislation to deliver on the report’s recommendations.
The group will include representatives of IBAC, the Victorian Ombudsman, Integrity Oversight Victoria and Victoria Police. The Government says other members may be added as required.
The Reference Group will work through the legal and operational implications of the supported recommendations, provide advice to the Special Minister of State on their proposed implementation, and assess the feasibility of those recommendations currently under review.
The Expert Reference Group will provide its advice to the Special Minister of State by May 2027, with legislation to be introduced by the end of that year.
“Victoria’s integrity framework is complex and interconnected, and we are determined to get these reforms right,” said Special Minister of State, Ingrid Stitt.
“The Expert Reference Group will work through every legal and operational implication, ensuring that when we legislate, IBAC has the powers, the resources, and the safeguards needed to do its job.”
Currently, IBAC can only investigate conduct with direct links to public officers or public bodies.
The Government says reforms would extend IBAC’s reach to trace public funds through private contractors and subcontractors on major government contracts and projects.
Currently, conduct must constitute a “relevant offence” – a criminal act – before IBAC can investigate it.
The reform would broaden the definition of corrupt conduct, by amending the threshold to capture a wider range of behaviour, including potentially, serious disciplinary offences, conduct worthy of termination, or behaviour that constitutes a serious breach of public trust.
“I have always had zero-tolerance for criminal behaviour in any workplace, and that remains absolute,” said Premier Jacinta Allan.
“That is why we are taking decisive action — giving IBAC the powers it needs, including the ability to follow the money, and making those powers retrospective so nothing is off limits.”
The Government has acknowledged this is one of the most significant changes proposed, as the definition of “corrupt conduct” flows through to other integrity legislation including the Ombudsman Act and the Public Interest Disclosures Act, meaning any change would have system-wide consequences.
