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The Guardian - AU
The Guardian - AU
National
Adeshola Ore

Former Ibac commissioner says watchdog has been ‘stifled’ by legislative powers

The former Ibac commissioner, Robert Redlich, in an Ibac hearing
The former Ibac commissioner, Robert Redlich, has called for an overhaul of the Victorian anti-corruption watchdog. Photograph: Getty Images

The former head of Victoria’s anti-corruption watchdog says it is being “stifled” by limited investigation powers as he called for an overhaul of the legislation governing the body.

Robert Redlich, the former commissioner of the Independent Broad-based Anti-corruption Commission (Ibac), spoke publicly for the first time since leaving the role when he appeared before a parliamentary integrity hearing on Monday.

He called for an overhaul of Ibac’s legislation, saying the threshold required for the agency to be able to launch an investigation – if it believes a criminal offence has been committed – has “stifled” its role.

“That is far too onerous an obligation,” he said.

He pointed to the recent Operation Daintree report, which began as a probe into the government’s awarding of a $1.2m contract to the health worker’s union before Ibac took it over. Ibac’s report, published in April, found that a Victorian government adviser “improperly influenced” the awarding of the union contract.

He said while its findings did not constitute criminal conduct, there was a “range of misconduct” identified.

After the report was handed down the premier, Daniel Andrews, said it was an “educational report”.

“The whole report is about findings of misconduct, and all of those findings go to a lack of integrity in the way in which the decisions that pertained to the union were made,” Redlich told the hearing.

He also said there was “deficiency” in Ibac’s legislation, because only recommendations that can be published are those tabled in parliament.

Ibac signage.
Robert Redlich was speaking publicly for the first time since leaving his role as Ibac chief. Photograph: Joel Carrett/AAP

“Ibac doesn’t table more than two or three reports a year but we write countless outcome letters to councils, departments at the end of an investigation when we identify failings and set out recommendations,” he said.

He said published recommendations should not include those related to individuals, but focus on institutional failings.

“The community should be alive to recommendations that address institutional failings,” he said.

In March, the Herald Sun published a letter Redlich sent in the final weeks of his term to parliament’s presiding officers in December, which included a claim that government MPs involved in the integrity committee had sought to discredit the agency.

He alleged in the letter that government MPs instructed consultants to “dig up dirt” on Ibac as a form of retaliation for its numerous probes into the government

He also used the letter to call for an overhaul of the state’s integrity and oversight committee to ensure it could not be dominated or chaired by government MPs.

On Monday, Redlich said he wrote the letter because of evidence that “political issues” had interfered with how the committee conducted itself.

“That’s to be regretted surely by all of us,” he told the hearing.

“If this committee is stymied at the outset because political considerations override an objective determination to things that are wrong, then it’s a very sad day.”

“If we can’t say the integrity committee of the Victorian parliament is acting with integrity, we have a very, very serious problem.”

The government later cemented a deal with the Greens to relinquish its control of the committee and allow it to be chaired by a non-government MP.

The integrity committee is holding hearings to probe the performance of Ibac, the Victorian Ombudsman and the Office of the Victorian Information Commissioner.

A report by Ibac last week found Victorian MPs and two councillors received large amounts of money and political donations to advance the interests of a millionaire property industry identity.

Prosecutors will consider criminal charges, with the agency signalling it would send evidence to the Office of Public Prosecutions for consideration.

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