Push to arm Victoria’s anti-corruption watchdog with broader powers | 7.30

Key Concepts:

• IBBACK (Independent Broad-based Anti-corruption Commission): Victoria's anti-corruption watchdog.
• IAC (Independent Commission Against Corruption): New South Wales' anti-corruption agency, considered a "gold standard."
• Soft Corruption: Actions that may not be criminal but involve using one's position to advance personal or party interests.
• Operation Sanden: An IBBACK investigation into alleged corrupt conduct between counselors and property developers.
• Public vs. Private Hearings: Debate over whether IBBACK hearings should be open to the public or conducted in private.
• Reasonable Grounds to Suspect a Crime: The threshold IBBACK must meet to initiate an investigation.
• Justice Delayed is Justice Denied: The principle that lengthy delays in legal proceedings can effectively deny justice.

1. IBBACK's Limitations and the Need for Reform:

• IBBACK's powers are limited compared to agencies like New South Wales' IAC. IBBACK can only investigate corrupt conduct where there are "reasonable grounds to suspect a crime" has been committed.
• Robert Redlick, former IBBACK commissioner (2018-2022), argues this threshold is too high and hampers IBBACK's ability to investigate potential corruption effectively. He considers IAC the "gold standard" because it isn't restricted by this barrier.
• Peter Frost, former Victorian Deputy Auditor General, believes a more powerful anti-corruption agency is needed in Victoria, partly due to a perceived weak Liberal opposition. He describes the opposition as operating like "feral cats," implying they are not effectively holding the government accountable.
• The inquiry is looking into expanding the definition of corruption beyond criminal acts to include "soft corruption," which involves using one's position to advance personal or party interests.

2. Soft Corruption and its Prevalence:

• Soft corruption includes actions like pursuing one's career, advancing party interests, or benefiting third parties aligned with the government.
• A survey of public servants found that 90% believe corruption occurs, with an increasing belief that it poses a problem in Victoria.
• The abandoned 2026 Commonwealth Games, which cost the state $589 million, is cited as an example of a decision that could be investigated if IBBACK's powers were expanded to include soft corruption.

3. The Impact of Delayed Investigations and Public Hearings:

• IBBACK investigations can take years to conclude due to legislation requiring draft reports to be sent to anyone mentioned, who can then dispute and litigate the findings.
• Amanda Stapleton, a former mayor of the city of Casey, took her own life after waiting two years for IBBACK's findings in Operation Sanden. She was under the impression she would be charged and had to spend all her money to defend herself.
• IBBACK notified Amanda's lawyers she would be cleared of wrongdoing days before she died, but she was never informed.
• Robert Redlick acknowledges that "justice delayed is justice denied" and that the delays in publishing reports are unsatisfactory.
• The inquiry is debating whether IBBACK examinations should be held in private or in public. Wayne Gat, CEO of the Police Association of Victoria, advocates for a mandate that presumes IBBACK hearings are held in private.
• Redlick notes that Amanda Stapleton testified in a public IBBACK hearing, while former Premier Dan Andrews gave evidence in private. He states that the terms of the act required him to allow the former premier to give evidence in private.

4. Case Studies and Examples:

• Bario Farrell: Resigned as Premier of New South Wales in 2014 after giving misleading evidence about a gifted bottle of Grange wine during corruption hearings.
• Gladys Berejiklian and Daryl Maguire: Berejiklian's secret relationship with disgraced MP Daryl Maguire was found to be serious corrupt conduct after it was revealed in an IAC inquiry.
• Amanda Stapleton (Operation Sanden): The tragic case highlights the devastating impact of lengthy IBBACK investigations and public hearings on individuals.
• 2026 Commonwealth Games: The abandoned event is presented as an example of a decision that could be investigated for potential soft corruption if IBBACK's powers were expanded.

5. Key Arguments and Perspectives:

• Robert Redlick: Argues for expanding IBBACK's powers to investigate beyond criminal conduct and reduce delays in publishing findings.
• Wayne Gat: Advocates for a presumption that IBBACK hearings are held in private to protect individuals from reputational damage.
• Peter Frost: Believes a more powerful anti-corruption agency is needed due to a perceived weak opposition.

6. Notable Quotes:

• Robert Redlick: "IAK for me is the gold standard and they are not hampered by this impossible barrier before they begin their inquiries."
• Robert Redlick: "Justice delayed is justice denied."
• Peter Frost: "They're operating like feral cats." (referring to the Liberal opposition)

7. Conclusion:

The Victorian parliamentary inquiry into IBBACK is considering significant reforms to the state's anti-corruption framework. Key areas of focus include expanding IBBACK's powers to investigate "soft corruption," reducing delays in investigations, and determining whether hearings should be held in public or private. The inquiry aims to strengthen accountability and transparency in government and prevent potential abuses of power. The tragic case of Amanda Stapleton underscores the urgent need for reforms that protect individuals from the negative impacts of lengthy and public investigations.