Guidance material

Information sheet - Reporting corruption and misconduct

05/11/2014

Have you witnessed corruption? Suspect something? Your information could help expose how public sector corruption or police misconduct is wasting public money and hurting Victorians. Importantly, your complaint can help everyone learn valuable lessons to prevent future corruption and misconduct.

What can you report to IBAC?

  • Corruption can be someone committing fraud, taking or offering bribes, awarding contracts to family or friends, and using or leaking privileged information for personal benefit.

    You can make a complaint to IBAC about:

    • state government employees (at departments, agencies, public hospitals, public schools, universities and TAFEs)
    • Victoria Police officers, recruits, protective services officers (PSOs), police custody officers and employees
    • council employees and Councillors
    • Members of Parliament and their employees
    • judges, magistrates and other judicial members.

    You can also choose to report your concerns directly to the agency that is the subject of your complaint, through its Public Interest Disclosure Coordinator. Most public sector agencies have someone equipped to support staff and members of the community in making complaints, and to protect whistleblowers.

  • 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.

  • IBAC also takes complaints about misconduct by all Victoria Police personnel, including sworn officers, recruits, PSOs, police custody officers and staff. This could be circulating offensive material, drink driving, making false entries in log books/registers or using excessive force.

    Complaints about police misconduct can also be made to Victoria Police’s Professional Standards Command on 1300 363 101.

What IBAC cannot investigate

  • The private sector.
  • Issues arising in other states and territories.
  • Federal government parliamentarians, departments or agencies.

You will be protected

IBAC handles your information and personal details carefully and in accordance with relevant legislation. If your complaint is considered a public interest disclosure:

  • your identity as the discloser will not be shared with anyone (except agencies your complaint may be referred to)
  • you can't be fired, disciplined or bullied for making the complaint
  • you are protected from legal actions such as defamation and civil liability.

If your complaint is not a public interest disclosure, your identity doesn’t have to be kept confidential, but:

  • you can’t be fired, disciplined or bullied for making the complaint
  • you are protected from legal actions such as defamation and civil liability.

If you are very concerned about your privacy, you can choose to make a complaint anonymously. If you make a complaint anonymously, our investigation will be limited. This is because we cannot contact you for more information, or discuss the complaint if you follow up.

  • A disclosure that shows improper conduct by a public officer or body (for example, corruption), or detrimental action (for example, firing someone for making a disclosure).

What happens when you report corruption and misconduct to IBAC

IBAC determines if what you have reported is a public interest disclosure
Yes, it’s a public interest disclosure. No, it’s not a public interest disclosure.

INVESTIGATE

IBAC may investigate the complaint.

REFER

IBAC may refer the complaint to one of these agencies to investigate:

Victorian Ombudsman, Victoria Police (if a police matter), Victorian Inspectorate, Office of the Special Investigator, Chief Municipal Inspector, Information Commissioner, Racing Integrity Commissioner, Judicial Commission.

With the consent of the person who made the complaint, we may also refer the complaint to another public body to deal with.

NO FURTHER ACTION

We may close or dismiss a complaint for a number of reasons, for example if it:

  • lacks substance or credibility
  • is vexatious or trivial
  • is about a matter that neither IBAC or a body specified in the IBAC Act 2011 may investigate.

REFER

IBAC may refer the disclosure to another agency (eg, the Victorian Ombudsman) or the organisation named in the complaint.

Police misconduct disclosures may be referred to the Chief Commissioner of Police.

NO FURTHER ACTION

IBAC will take no further action

  • Fill out the secure online form.If you have difficulty accessing the online form, please call us on 1300 735 135.

    If you need help with translation, call Translating and Interpreting Service on 13 14 50 or access our translated resources.

    Before you contact IBAC

    Please be aware of what complaints we can and can’t accept. If your complaint isn’t about corruption or misconduct, we may refer you to another agency, such as the Victorian Ombudsman.

    Please also be clear on who/what you’re complaining about, and provide as much detail or evidence as possible.

    What does IBAC do with your information?

    By law, IBAC prioritises allegations of serious or systemic corruption and misconduct. After carefully assessing your complaint, IBAC may decide to:

    • refer the complaint
    • investigate
    • take no further action.

    To help us prioritise the right matters, IBAC may also conduct a preliminary inquiry to support our decision on what to do with your complaint.

    While we cannot use a lot of our broader investigative powers during a preliminary inquiry, we may:

    • request further information from anyone
    • summons a person to produce documents
    • issue confidentiality notices.

Your information helps

Regardless of the outcome of your complaint, the information you give us helps us identify broader trends and patterns. IBAC uses this analysis to alert the public sector to potential vulnerabilities in their practices and organisations.

Related resources

Have you seen corruption or misconduct?
Forms
Have you seen corruption or misconduct?
There are two main ways to tell IBAC about public sector corruption or police misconduct. You can make a complaint or provide information.
Report corruption
Make a mandatory notification
Forms
Make a mandatory notification
Heads of departments and Council CEOs must notify IBAC of any matter where they suspect on reasonable grounds that corrupt conduct has occurred or is occurring.
Make a mandatory notification
Public interest disclosures
Public interest disclosures
It's now safer and easier to disclose wrongdoing and misconduct in public office in Victoria. There are added protections for anyone making what's called a 'public interest disclosure' to report public sector corruption or police misconduct.
Find out how you are protected