Parliament of Victoria

Parliament of Victoria Independent Broad-based Anti-corruptionCommission Committee Accountability and Oversight Committee Victoria’s New IntegritySystem Mr Clem Newton-Brown MP Mr Philip Davis MLC

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.

Reforming Victoria’sintegrity system • Other bodies established or amended for Victoria’s 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.

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

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.

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 member’s 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.”

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 Committee’s 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.

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

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.

AOC functions (cont’d) • 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;

AOC functions (cont’d) • 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;

AOC functions (cont’d) • 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.

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

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.

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.

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

Membership cont’d • AOC Members: • Mr Philip Davis MLC, Chairman • Ms Jennifer Kanis MP, Deputy Chair • Hon. Andrew McIntosh MP • Hon. Lisa Neville MP • Mr David O’Brien MLC

Questions?

Parliament of Victoria