Independent Broad-based Anti-corruption Commission
David DAVIS (Southern Metropolitan) (12:17): (227) My question is again to the Attorney-General. Following the conclusion of the fixed term of former IBAC Commissioner Robert Redlich in December last year, the government appointed Stephen Farrow – quite appropriately, I might say – as acting Commissioner, a role he has performed for eight months. Under Mr Farrow, IBAC is currently investigating deals between the Andrews government and the United Firefighters Union as part of Operation Richmond. On Monday Mr Farrow confirmed that he has applied to be appointed by your government as the permanent IBAC Commissioner. Attorney, how can you justify this conflict of interest where the government, which gets to decide who runs the anti-corruption watchdog, is also under investigation by one of the applicants for the job?
Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:18): Mr Davis, I do not know whether there is a current investigation or not, because I do not make those inquiries. It would be inappropriate to. It would also be inappropriate for people to tell me, so it is curious to me that you are making allegations about knowledge of an open investigation. You might want to disclose to the house how you might know or might have come to believe that that is true. You have also made an assertion that the government gets to decide who the IBAC Commissioner is. That is not true either. I get to make recommendations to the IOC, who actually get to make a final call in relation to that appointment.
I also take offence on behalf of Mr Farrow. Mr Farrow is an exceptional public servant. He has been appointed as an acting Commissioner to ensure critical operational continuity and organisational stability. We often have an acting Commissioner who is the Deputy Commissioner filling in that role. In accordance with the 2022 caretaker conventions, we did not want to appoint prior to the election, so we put it over to this side of the election – which was something the opposition called for, I must point out, as well – and those recruitment processes are underway.
David DAVIS (Southern Metropolitan) (12:19): Attorney, you seem to not want to engage with the difficult point here. The acting IBAC Commissioner is required to make decisions that directly affect the government’s political interests, such as what matters to investigate, what findings to make and whether particular individuals are questioned in public or in secret. Given the government’s appointment as acting IBAC Commissioner is now an applicant for the position that is within the gift of the government – that of permanent IBAC Commissioner – what specifically has the government done to manage the blatant conflict of interest it has created?
Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:20): Your commentary that it is a gift to give in relation to an appointment is rather curious, Mr Davis. But in relation to any perceived conflict of interest, of course we have engaged with the acting IBAC Commissioner and the CEO in relation to the clear policies that IBAC have for declaring and managing any conflicts of interest, and I do believe that Mr Farrow went through those in his evidence. This is nothing more than an attack on a public servant, and you are questioning his ability to do his job. I have full confidence in Mr Farrow as acting Commissioner, and in relation to the process of –
David Davis: On a point of order, President, it was a highly specific question about what the government has done.
The PRESIDENT: The minister is being relevant to the question asked.
Jaclyn SYMES: I have answered your question, Mr Davis, in relation to speaking to the IBAC in relation to their policies in relation to conflict of interest. But as you should be aware if you are not, we also have the Victorian Inspectorate, which has oversight of IBAC as an integrity body under its remit, so there are numerous ways to ensure that there are appropriate oversight mechanisms in relation to IBAC’s work. But I also – (Time expired)