Media Releases
IBAC is changing
Recent changes to Victoria’s integrity system legislation support IBAC’s work to prevent and expose corrupt conduct and misconduct in the public sector.
With most introduced on 1 July 2016, the changes strengthen IBAC’s ability to detect and investigate allegations of public sector corruption and misconduct, including misconduct in public office. They also help inform IBAC decisions to investigate by introducing preliminary inquiries, and seek to protect the identity and rights of witnesses and other people involved in our investigations.
Note: A new requirement for the public sector to mandatorily notify IBAC of suspected corruption will commence on 1 December 2016. Guidance is being prepared to assist state department secretaries and council CEOs (among other principal officers) to meet this new reporting obligation.
Expanding ‘corruption’
In clarifying what is considered corrupt conduct, IBAC can now assess and investigate a broader range of corruption allegations – not just ‘serious’ allegations. However, we must prioritise allegations about serious or systemic corruption and misconduct.
New: misconduct in public office
IBAC can now consider if allegations could constitute misconduct in public office.
Misconduct in public office is broadly defined. It can be any conduct by a public sector employee which is unlawful or fails to meet the ethical or professional standards required in the performance of duties or the exercise of powers entrusted to them.
Examples of misconduct in public office might include:
- deliberately falsifying accounts to conceal or obtain a benefit
- entering into a secret commission with another person while acting in an official capacity
- colluding with other public officers to share profits with tender recipients and concealing the over-valuation of tenders
- using public office to deceive a member of the public to gain a financial advantage
- misusing power to harm, oppress or disadvantage a person.
Prioritising our investigations
IBAC will be able to conduct preliminary inquiries into a matter, before deciding whether to investigate. This will allow us to gather additional material to base our decision on.
As part of a preliminary inquiry, we may:
- request further information from a relevant principal officer of a public body
- issue a witness summons requiring a person to produce documents or other things to IBAC
- issue confidentiality notices.
Investigating when corruption is suspected
Protecting witnesses
To protect the identity and safety of witnesses, IBAC will be able to issue non-publication orders during public examinations. These may prohibit or restrict the publication of any information or evidence given during the examination.
December 2016: mandatory notifications
Under changes to be implemented on 1 December 2016, the heads of state government agencies and council CEOs (among other ‘principal officers’) will have to notify IBAC if they suspect corruption is occurring.
- the types of matters that must be notified
- how to make notifications
- what information to include.
Victoria Police is already required to notify IBAC of complaints of police corruption and misconduct.
Oversight and reporting
IBAC operates under substantial oversight by both state and Commonwealth authorities and committees, such as the Commonwealth Ombudsman and Attorney General, the IBAC Parliamentary Committee, the Public Interest Monitor and the Victorian Inspectorate. We must report regularly on the use of our powers. This will continue.
