Independent Broad-based Anti-corruption Commission
The Independent Broad-based Anti-corruption Commission (IBAC) is Victoria's anti-corruption agency with jurisdiction over the public sector. It does this by: Overview. IBAC's jurisdiction includes: IBAC is one of three key independent authorities in the Victorian integrity system. The other agencies are the Ombudsman of Victoria and the Victorian Auditor-General's Office. Under the IBAC Act, IBAC is accountable to the people of Victoria and reports to the State Parliament. It is also subject to scrutiny through: History. The IBAC Act was passed on 29 November 2011, establishing: In  2012, the IBAC Act was amended to grant IBAC certain investigative powers as well as define its main areas of jurisdiction. Further legislation was subsequently introduced to replace the former Whistleblowers Protection Act 2001 with the Protected Disclosure Act 2012 (Protected Disclosure Act). IBAC was formally established on 1 July 2012 and became fully operational in February 2013. Powers. IBAC has powers to effectively investigate allegations of serious corrupt conduct. These include the power to: IBAC must apply to the Supreme Court or other courts and tribunals before exercising some powers. The Public Interest Monitor reviews and makes submissions on  IBAC's applications for surveillance device warrants and telecommunications interception warrants. Prior to its establishment, the powers granted under the IBAC Act were publicly criticised. Following establishment, former Court of Appeal judge and Chair of the Accountability Round Table, Stephen Charles QC, said the IBAC legislation was "seriously flawed" and that IBAC required investigatory powers similar to those of the New South Wales Independent Commission Against Corruption. IBAC's Commissioner Stephen O’Bryan QC stated: "As with any new and complex legislation, it is not until it is applied in practice over time that areas for improvement are best identified. I  am confident that the IBAC Act provides a solid initial framework for Victoria's new integrity regime and that, as with any such legislation, it will transform over time. Certainly, if elements of the Act fall short of what is needed to carry out most effectively its objectives and purposes, I have publicly stated that I will seek appropriate amendment." After a year of full operation, the Commissioner determined some areas of the IBAC Act would benefit from amendment. Detailed in the April "2014 Special report following IBAC's first year of being fully operational", these included: In September 2014 , the "Integrity Legislation Amendment Bill 2014" (Bill) was introduced to Parliament. The Bill proposed amendments to: The Bill was not passed during the final session of Parliament before the November 2014 Victorian State election. On 1 February 2015, the newly sworn in Labor Government announced it was undertaking a review of the Victorian integrity system, including changes to IBAC's powers. A string of investigations in 2015 renewed public support to bring forward changes to the IBAC Act, with the government confirming its commitment to introduce a Bill to State Parliament in 2015. Investigations. Operation Leven. In July 2014 IBAC  appointed former Justice of the Supreme Court of Victoria Murray Kellam to undertake an enquiry into Victoria Police human source management. After examining 14 witnesses under oath and reviewing more than 5500 documents Kellam produced a confidential report to IBAC in February 2015 finding a high order of negligence in the handling of human sources by Victoria Police. In 2016 it was claimed that documents had been withheld from the enquiry by Victoria Police but the complaint was dismissed. After these enquiries concluded that there was an obligation to inform some of Gobbo's former clients of her actions both  Gobbo and Victoria Police launched legal action to keep the information suppressed which eventually became the AB v CD case. This in turn led to the Royal Commission into the management of Victoria Police informants. Operation Watts. Operation Watts is a currently ongoing investigation, in collaboration with the Victorian Ombudsman, into allegations of serious corrupt conduct involving Victorian public officers, including Members of Parliament. Commencing in October 2021, the scope and purpose of the investigation is to investigate: Operation Dunham. Operation Dunham examined allegations of serious corruption at the Department of Education and Training (DET) focusing on: Operation Ord. Operation  Ord examined allegations of serious corruption at the DET focusing on the: Operation Sandon. In late 2019 and early 2020, IBAC conducted public hearings for Operation Sandon, which examined allegations of serious corrupt conduct in relation to planning and property development decisions at the outer suburban City of Casey council. focusing on: Stuart Bateson. In 2019 Victoria Police Commander Stuart Bateson was charged with leaking confidential information from IBAC to a junior police officer contrary. Bateson was found guilty on 25June 2021 and sentenced in August 2021 when he was fined $6,000 without a conviction being recorded. Independent Broad