Inquiry into the Adequacy of the Legislative Framework for the Independent Broad-based Anti-corruption Commission

The Victorian Parliament’s Integrity and Oversight Committee is seeking submissions to its inquiry into the adequacy of the legislative framework for the Independent Broad-based Anti-corruption Commission (IBAC).

The Committee will examine a range of issues, including:

1.  whether the definition of 'corrupt conduct' in the Independent Broad-based Anti-corruption Commission Act 2011 (Vic) (‘the Act’) should be amended to include other forms of misconduct;

2.  whether the threshold for IBAC to investigate alleged corrupt conduct should be amended;

3.  whether the criteria in the Act for IBAC to hold public hearings should be amended; 

4.  whether the information-security and confidentiality provisions in the Act and IBAC's systems and practices are robust and fit-for-purpose; and, 

5.  any other issue in the Act that may unreasonably limit IBAC's ability to identify, investigate and expose corrupt conduct.

IMPORTANT NOTE

The Integrity and Oversight Committee’s jurisdiction

The Integrity and Oversight Committee (IOC) reviews and monitors the performance of the Independent Broad-based Anti-corruption Commission (IBAC), Integrity Oversight Victoria (IOV), the Office of the Victorian Information Commissioner (OVIC), the Parliamentary Workplace Standards and Integrity Commission (PWSIC) and the Victorian Ombudsman (VO).

Section 7(2) of the Parliamentary Committees Act 2003 (Vic), under which the IOC is established, prohibits the IOC from reconsidering, reviewing or overturning any integrity agency decisions, findings and recommendations, including complaint outcomes.

Section 7(2)(g) of this Act further prohibits the IOC from disclosing any information which may:

• prejudice any criminal proceedings or criminal investigations; or
• prejudice an investigation being conducted by IBAC, IOV or the VO; or
• contravene any secrecy or confidentiality provision in any relevant Act.

Scope of this Inquiry and submissions accepted

This Inquiry is focused on the adequacy of the legislative framework for IBAC. Given this focus and the limited nature of the IOC’s jurisdiction (including the prohibitions outlined above), the Committee will only accept submissions addressing the Terms of Reference.

It will not accept submissions related to individual matters (including complaints about Victoria Police and integrity agencies), matters related to ongoing criminal or integrity agency investigations, and matters related to ongoing court or tribunal proceedings.