Wednesday, 2 August 2023

Independent Broad-based Anti-corruption Commission

David DAVIS (Southern Metropolitan) (12:13): (212) My question is again to the Attorney-General. The former IBAC Commissioner the Honourable Robert Redlich gave evidence this week to the Integrity and Oversight Committee in relation to the Operation Daintree:Special Report, saying:

… the Premier made much of the fact in his long media address that there was no crime committed. But regrettably, and quite incorrectly, he repeatedly said there were no findings made. The whole report is about findings of misconduct …

That is what Mr Redlich said. Attorney, did IBAC’s Operation Daintree make findings of misconduct against the Andrews Labor government, or is it government policy that there were no such findings made?

The PRESIDENT: Do you mind repeating that?

David DAVIS: Did IBAC’s Operation Daintree make findings of misconduct against the Andrews Labor government, or is it government policy that no such findings were made?

Members interjecting.

The PRESIDENT: I think one might have been asking for an opinion. I will put the question to the minister.

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:14): I will give a response in relation to the question that you have asked. In relation to Operation Daintree, it reported on matters that needed government to look at ways to –

David Davis interjected.

Jaclyn SYMES: I am answering your question. The report laid bare issues that government are taking on board. It made recommendations which we have committed to review and to provide advice back on. There are several reports that the IBAC Commissioner has made that have recommended different recommendations and made different findings, and government is giving due consideration to those. That is irrespective of whether it is determined to be corrupt conduct, misconduct or any other threshold. What is interesting is that we have been having a debate around whether the IBAC Commissioner can look at things that are not crimes. Well, we are having that exact conversation. We are having a conversation about a report that made recommendations and findings to government in relation to the way that officers can behave, and we are responding to that by considering those recommendations. Those recommendations were not directed to the Attorney-General, but as a government we are looking at those recommendations and will respond accordingly.

David DAVIS (Southern Metropolitan) (12:16): Attorney, former IBAC Commissioner Mr Redlich also gave evidence to the IOC in relation to Operation Daintree that said:

Daintree is a particularly illuminating case for the simple reason that it shows that … there was a failure of ministerial responsibility, that ministerial advisers grossly overstepped their role …

Given these findings go to the poor behaviour of ministers and staff in the Andrews Labor government, why haven’t the 17 recommendations made in Operation Daintree: Special Report even been responded to, let alone implemented?

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:16): You are asking the Attorney-General; that is who I think your question was to. The report did not make recommendations to me, but I can give you –

Members interjecting.

Jaclyn SYMES: I am not responsible for IBAC. They are an independent body. You keep trying to say that I am. The administrative order says I am responsible for IBAC’s legislation. I have meetings with them about how they are functioning. I do not have discussions with them about their investigations or their operations.

David Davis: On a point of order, President, it is very clear that the administrative orders give the IBAC act as a responsibility to the minister, including amendments to that act.

The PRESIDENT: It is not a point of order. I think the minister is trying to help. Despite the recommendations not falling inside her responsibilities, I think she is trying to help. Maybe if she does not get interjected on in the next 30 seconds, we might get there.

Jaclyn SYMES: I am in constant conversations with integrity agencies, including IBAC, about potential reforms and the way that they are operating. When it comes to individual reports and those findings, they are generally made to particular bodies or ministers. In Daintree, none of those recommendations were made to me. However, it is a matter of public record that it raised issues that the government is giving proper consideration to, which is appropriate.