Victoria's Anti-corruption Commission commences full operations

Victoria’s first anti-corruption commission, the Independent Broad-based Anti-corruption Commission (IBAC) launched its substantive functions on 10 February 2013 following the proclamation of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 (the Act).

The Victorian Inspectorate also commenced its functions. The Act abolishes the Office of Police and provides for the IBAC to have the power to:

•identify, investigate and expose serious corrupt conduct by public officers and public bodies;

•identify, investigate and expose police personnel misconduct.

Effect of the Law

The establishment of the IBAC and the Inspectorate aims to decrease corruption within the public sector and police force.  The Act also sets out definitions of key terms and phrases including ‘public body’, ‘public officer’, ‘public sector’ and ‘corrupt conduct’.

The definition of public body is relatively broad and includes any body established under an Act and a local council.  The definition of public officer is correspondingly broad and includes members of parliament, members of the judiciary, ministerial staff and councillors.

The definition of corrupt conduct relates to members of the public sector, as well as to those who adversely affect the honest performance of a public officer or public body.  The definition includes the dishonest performance of function by a public officer or public body, a breach of public trust and the misuse of information acquired in its performance of functions as a public officer or public body. 

The Victorian Inspectorate Act 2011 creates the Victorian Inspectorate and vests it with functions to provide oversight of integrity bodies in Victoria. It will monitor IBAC’s compliance with relevant laws, access IBAC’s policies and procedures and investigate and assess complaints against IBAC and IBAC personnel.

The IBAC Parliamentary Committee will monitor and review IBAC’s performance of its functions and duties, examine any reports made by IBAC, and report to both Houses of Parliament on any matters connected with the exercise of its functions that require the attention of Parliament.

The IBAC is able to receive complaints, information and notification.  It can instigate investigations independently or as a result of a complaint or notification.  Significant powers are also conferred on the IBAC including the capacity to employ surveillance devices, use telephone and other telecommunications intercepts, summons witnesses and documents and require examinations under oath or affirmation.

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