The Independent Broad‑based Anti‑corruption Commission (IBAC) was established by the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic) as Victoria’s first public‑sector‑wide anti‑corruption body. It is Victoria’s principal anti‑corruption, integrity and accountability body.

This report is from an inquiry into the adequacy of the legislative framework for the IBAC. It inquired into whether the framework governing IBAC is fit‑for‑purpose, adequately supports IBAC’s mandate and if reform is needed. Terms of reference included: the definition of ‘corrupt conduct’, the threshold for IBAC to commence investigations, when IBAC is allowed to hold public hearings, and IBAC’s information‑sharing and confidentiality provisions. While not part of the Inquiry’s terms of reference, IBAC’s responsibility for the oversight of Victoria Police is discussed.

The report provides 31 recommendations. The Committee recommends a broadening of the definition of corrupt conduct in the Act, and that IBAC’s jurisdiction extend to outsourced, government funded projects, also known as ‘follow‑the‑dollar’ powers. Because IBAC refers the great majority of complaints about police back to the police to investigate, the Committee recommended that IBAC be required to give complainants the reasons for the referral.

Key findings

• The Committee considers that legislative reform is both necessary and timely, in order to strengthen decision‑making, transparency and fairness, improve accountability and public confidence in IBAC.
• IBAC’s power to investigate alleged corruption in publicly funded projects carried out by private companies is unclear in an era when so much government work is outsourced.
• It is integral that the legislation supports IBAC’s ability to effectively investigate suspected corrupt conduct and prioritise its investigative resources appropriately.
• IBAC’s use of public and private examinations is integral to its functions for exposing corruption and serious police misconduct within the public sector. In examining the effectiveness of the legislation that underpins this function, the Committee contends that the current legislation is functioning satisfactorily and should be retained in its current form.