Thursday, 30 November 2023

Integrity and Oversight Committee

Performance of the Victorian Integrity Agencies 2021/22

Ryan BATCHELOR (Southern Metropolitan) (09:50): Pursuant to section 35 of the Parliamentary Committees Act 2003 I table the report on the performance of the Victorian integrity agencies 2021–22, including appendices, from the Integrity and Oversight Committee and present the transcripts of evidence. I move:

That the transcripts of evidence be tabled and the report be published.

Motion agreed to.

Ryan BATCHELOR: I move:

That the Council take note of the report.

As a member of the Integrity and Oversight Committee I am pleased to present the committee’s report on the performance of Victorian integrity agencies 2021–22, together with the appendix and transcripts of evidence. The committee is responsible for the monitoring and reviewing of the performance of the Independent Broad-based Anti-corruption Commission, the Office of the Victorian Information Commissioner (OVIC), the Victorian Inspectorate and the Victorian Ombudsman. The committee’s annual performance hearings are a primary mechanism for the Parliament to exercise its oversight functions of these independent agencies.

Prior to our July hearings members of the committee sought advice from the chair on the matters within the committee’s terms of reference for our inquiry. In response, the chair advised that the focus of the hearings was on the performance of IBAC and other agencies in 2021–22 and anything affecting the performance of the agencies in this period and that questions we asked in these hearings should focus on the performance of the agency, including matters arising from its 2021–22 annual report. The inquiry focused on complaint handling, investigations and oversight, public information and education, governance, workplace and accountability. Its findings included that IBAC is working hard to improve the timeliness and quality of its assessments and continues to struggle to meet the demands of year-on-year increases of its assessment workload and that IBAC has taken action to address recent recommendations of the committee of prior Parliaments. The committee commends it on establishing a witness liaison team and the interagency prevention and education advisory committee. Committee members were, however, surprised to learn that IBAC had commenced a practice of providing advance copies of selected reports, beginning with Operation Watts, to chosen journalists ahead of their tabling in the Parliament.

It also found the Victorian information commissioner has steadily improved the timeliness of its FOI reviews and the finalisation of FOI and privacy complaints. However, there are still delays, and it considers that legislative change is needed to resolve these matters. The committee expressed its concern about recent funding reductions that will inhibit OVIC’s ability to meet performance targets and carry out certain statutory functions and recommended that sufficient funding be provided for the statutory review of the FOI professional standards.

The Victorian Inspectorate still has delays in finalising complaints given the year-on-year increases in the volume and complexity of matters before it. Through hard work the Inspector has made significant progress in improving annual complaints closure rates. The Ombudsman has finalised 90 per cent of complaints within 30 days of receiving them and has had significant success in its new conciliation functions.

The committee has made a series of recommendations to improve the effectiveness of the integrity system. In relation to IBAC’s new practice of providing advance copies of some reports to selected journalists, the committee recommends that IBAC seek legal advice on how this practice is consistent with both their legislation and with the privileges of the Parliament. It also recommends that OVIC be granted the power under the Freedom of Information Act 1982 to require an agency or minister to make a decision regarding an FOI by a certain date; that legislative amendments enable OVIC to obtain review application data held by VCAT; that the information security incident notification scheme be amended to require that notifications under the scheme are made to OVIC at the time of the incident; and that the government review the effectiveness and efficiency of the coercive powers notification scheme. The committee appreciates the integrity agencies’ regular assistance in providing information and responding conscientiously to our requests and recognises their important ongoing contributions to the Victorian integrity system.

I want to thank the committee secretariat staff for their tireless efforts as always but in particular in supporting the preparation of this report and in Parliament’s oversight of the integrity agencies. I would like to thank my committee colleagues for their cooperation and bipartisan approach to the preparation of this report, chaired by the member for Brunswick with the members from Rowville, Mildura, Hastings, Bayswater, Narre Warren North and my Council colleague Ms Payne. I commend the report to the Parliament.

Motion agreed to.