Parliament of Victoria

1
Parliament of Victoria

• Independent Broad-based Anti-corruptionCommission
  Committee
• Accountability and Oversight Committee
• Victorias New IntegritySystem
• Mr Clem Newton-Brown MP
• Mr Philip Davis MLC

2
IBAC Establishment

• The IBAC was formally established in July 2012
  with responsibility for identifying and
  preventing serious corrupt conduct across the
  whole public sector, including
• members of Parliament.
• the judiciary.
• state and local government.
• police personnel misconduct.

3
Reforming Victoriasintegrity system

• Other bodies established or amended for
  Victorias integrity system include
• The Public Interest Monitor.
• The Freedom of Information Commissioner.
• The Victorian Inspectorate.
• Amendments to powers of the Ombudsman and the
  Auditor General.
• The IBACC and AOC in the Victorian Parliament.

4
Purpose and functions of the IBAC

• to strengthen the integrity of the public sector,
  and enhance community confidence in public sector
  accountability
• identify, expose and investigate serious corrupt
  conduct and police personnel misconduct
• receive complaints about corrupt conduct and
  police personnel misconduct
• examine systems and practices in, consult with,
  and make recommendations to, the public sector
• provide information and education to the community

5
Corrupt Conduct

• Conduct that would constitute a relevant offence
  and that
• adversely affects the honest performance by a
  public officer or public body of his or her or
  its functions
• constitutes or involves the dishonest performance
  by a public officer or public body of his or her
  or its functions
• constitutes or involves knowingly or recklessly
  breaching public trust by a public officer or
  public body
• involves misuse of information or material
  acquired in the course of performing the
  functions of a public officer or public body,
  whether or not for the benefit of her or him or
  it or any other person
• could constitute a conspiracy or an attempt to
  engage in any of the above.

6
Police Misconduct

• Conduct by a Police Officer
• that constitutes an offence punishable by
  imprisonment
• that is likely to bring the police force into
  disrepute or diminish public confidence in it
• that is disgraceful or improper conduct (whether
  in the members official capacity or otherwise).
• Conduct by police personnel that are not members
  of the police force which is likely to bring
  police personnel into disrepute or diminish
  public confidence in police personnel.

7
Complaints to the IBAC

• Public sector body heads, the Chief Commissioner
  of Police, and Executive Officers of local
  governments may notify IBAC of matters they
  believe comprises corrupt conduct.
• The Chief Commissioner of Police must notify IBAC
  about all complaints of corrupt conduct by
  non-member personnel.
• Upon receipt of a complaint, the IBAC must
  dismiss, investigate, or refer the matter back to
  the originating agency or a prosecutorial body.

8
Investigative Powers

• In relation to an investigation into a breach of
  discipline, the IBAC may require a member of the
  police force to
• give it any relevant information
• produce any relevant document or
• answer any question.
• The Commissioner may authorise IBAC officers to
  enter police premises to obtain documents or
  things relating to an investigation.

9
Investigative Powers (cont.)

• An authorised officer may also apply to a Judge
  of the Supreme Court for a search warrant of a
  particular premises, or a particular vehicle,
  vessel or aircraft located in a public place.
• A person may claim privilege, but Crown and
  journalistic privilege does not apply, nor any
  obligation on police personnel to maintain
  secrecy.

10
Examinations

• The IBAC is able to convene examinations that are
  not bound by the rules of evidence, in which the
  procedure of examination is determined at the
  IBAC sees fit.
• The proceedings of all examinations must be video
  recorded.
• Examinations are generally be conducted in
  private, unless the IBAC determines that
• there are exceptional circumstances and
• it is in the public interest to hold a public
  examination and
• a public examination can be held without causing
  unreasonable damage to a person's reputation,
  safety or wellbeing.

11
Examinations (cont.)

• The IBAC has the power to summons people to give
  evidence at an examination.
• Witnesses are entitled to seek legal
  representation, unless the IBAC directs a witness
  not to seek representation from a particular
  legal practitioner.
• A person is not excused from answering a
  question, giving information, or providing a
  document on the ground that it might tend to
  incriminate the person. However, evidence
  provided in this manner is, except in particular
  circumstances, inadmissible in court.

12
Oversight of the IBAC

• The IBAC is required to advise the Victorian
  Inspectorate that it will convene a public
  examination at least 7 days prior to that
  examination taking place.
• The IBAC must inform the Victorian Inspectorate
  if it exercises its power to direct a witness not
  to seek representation from a specific legal
  practitioner.
• The Victorian Inspectorate (described below) has
  a range of oversight responsibilities in regard
  of the IBAC.
• The IBAC Committee in the Victorian Parliament
  also have oversight roles in regard of the IBAC.

13
Recommendations and reports

• The IBAC may make recommendations to a principal
  officer (public sector body head, Chief
  Commissioner, or CEO of a council), the
  responsible Minister, or the Premier.
• A report on actions taken, or not taken, in
  regard of a particular recommendation must be
  provided.
• The IBAC may also table a report in each House of
  Parliament on any matter relating to the
  performance of its functions and duties.

14
The IBAC Committee

• The IBAC Committee is established under the
  Parliamentary Committees Act 2003 (Vic).
• The functions of the IBAC Committee include to
• Monitor and review the performance of the duties
  and functions of the IBAC, and specified duties
  of the Victorian Inspectorate.
• Examine any reports of the IBAC, or in regard of
  specified duties and functions of the Victorian
  Inspectorate.
• Report to both Houses of the Parliament on any
  matter connected with the performance of the
  duties and functions of the IBAC, or specified
  duties and functions of the Victorian
  Inspectorate.
• Consider any proposed appointment of an IBAC
  Commissioner or Victorian Inspector.

15
Functions of the IBAC Committee (cont.)

• The IBAC Committee is not able to investigate
  particular complaints or disclosures made under
  relevant acts, or to review any decision,
  finding, recommendation or determination of the
  IBAC or the Victorian Inspectorate regarding the
  investigation of particular complaints or receipt
  of protected disclosures.

16
Powers of the IBAC Committee

• The IBAC Committee has the powers generally
  possessed by Victorian Joint Investigatory
  Committees.
• The IBAC Committee may be required to inquire
  into, consider and report on any proposal, matter
  or thing that is relevant to its functions.
• The IBAC Committee is not compelled to table any
  report in Parliament unless, in the Committees
  opinion, matters arise that require the
  attention of the Parliament.
• The Committee also is empowered under the
  Parliamentary Committees Act 2003 (Vic) to take
  evidence in public and in private.

17
Membership

• Mr Clem Newton-Brown MP (Chair)
• Ms Jill Hennessy MP (Deputy Chair)
• Hon. Andrew McIntosh MP
• Mr Paul Weller MP
• Mr Matthew Viney MLC

18
Accountability Oversight Committee

• The Committee was established in February 2013
  under the Parliamentary Committees Act 2003 and
  has the following functions under the Act
• to monitor and review the performance of the
  duties and functions of the Ombudsman
• to report to both Houses of the Parliament on any
  matter connected with the performance of the
  duties and functions of the Ombudsman that
  requires the attention of the Parliament and
• to examine any reports by the Ombudsman that are
  laid before a House of the Parliament.

19
AOC functions (contd)

• The Accountability and Oversight Committee
  cannot
• investigate a matter relating to particular
  conduct the subject of any particular complaint,
  protected disclosure complaint, referred
  complaint or referred matter
• review any decision to investigate, not to
  investigate or to discontinue an investigation
  of, a particular complaint, protected disclosure
  complaint, referred complaint or referred matter

20
AOC functions (contd)

• review any findings, recommendations,
  determinations or other decisions of the
  Ombudsman in relation to a particular complaint,
  protected disclosure complaint, referred
  complaint or referred matter or an investigation
  conducted by the Ombudsman

21
AOC functions (contd)

• disclose any information relating to the
  performance of a function or duty or the exercise
  of a power by the Ombudsman which may
• (i) prejudice any criminal proceedings or
  criminal investigations, or investigations by the
  Ombudsman, the IBAC or the Victorian
  Inspectorate or
• (ii) contravene any secrecy or confidentiality
  provision in any relevant Act.

22
Why was the Committee set up?

• The AOC was set up as part of the establishment
  of an integrity regime in Victoria. It has an
  oversight role of the following agencies
• Freedom of Information Commissioner
• Victorian Ombudsman
• Victorian Inspectorate

23
Scope of Committee

• Role of the AOC is limited to analysing the
  outputs of the three agencies for which it has
  oversight responsibility and monitoring their
  overall performance.
• This includes reviewing their annual reports.
• It is NOT a review mechanism or an alternative
  investigative body.

24
Recent activity

• Committee is currently reviewing the role and
  work of equivalent committees and agencies in
  other jurisdictions.
• Committee travelled in September to Brisbane and
  Sydney for meetings.
• Prior to the ASPG conference the Committee also
  met with members of the WA Public Administration
  Committee, the WA Ombudsman and WA Information
  Commissioner.

25
Membership

• Members were appointed to the AOC on 7 February
  2013
• The first meeting was held on 7 March 2013
• Bipartisan Committee of five Members three from
  the Government and two from the Opposition
• Membership drawn from both Houses

26
Membership contd

• AOC Members
• Mr Philip Davis MLC, Chairman
• Ms Jennifer Kanis MP, Deputy Chair
• Hon. Andrew McIntosh MP
• Hon. Lisa Neville MP
• Mr David OBrien MLC

27
Questions?