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Exclusive by Ashlynne McGhee

Lengthy legal battles threaten to hold up Victoria’s corruption probes

Victoria's anti-corruption watchdog has revealed it is tied up in a number of lengthy, expensive legal battles that threaten to silence crucial corruption investigations.

The Independent Broad-based Anti-Corruption Commission (IBAC) investigates allegations of corruption across state and local government, the police and the Victorian public service.

In his first television interview, IBAC commissioner Robert Redlich revealed how difficult it had been to publish a number of reports.

The commissioner is finishing his five-year term in December and says he's feeling frustrated.

"Well, I haven't achieved what I'd like to have achieved," he told ABC's 7.30.

"I'm disappointed that a number of our investigations haven't yet seen the light of day because of litigation. And, in the fullness of time, hopefully, that will become apparent."

He wouldn't comment on the motivation of individual litigants nor detail the exact number of reports subject to litigation.

"A number, quite a number of significant reports. I can't tell you [any more] because the act is quite prescriptive."

"People have got their rights. They're entitled to exercise their rights. And, hopefully, as quickly as possible, the court will resolve those difficulties so that we can proceed with tabling these reports."

Litigation preventing the release of reports

Operation Sandon probed allegations of council corruption in Melbourne's fast-growing urban fringe.

A developer named in that report, John Woodman, has taken court action to try to prevent the resulting report from being made public. 

Another investigation, Operation Richmond, has never been publicly confirmed and that report also has not seen the light of day.

It probed the Premier Daniel Andrews's dealings with the United Firefighters' Union.

The Premier says he does not believe he, his party or his government has ever taken any legal action that would prevent the release of a report.

"I don't think so, no," he said.

In June, the commissioner sent a letter to the government and the opposition about his concerns that litigation was causing delays.

Commissioner Redlich has told ABC's 7.30 that he has a growing sense of frustration at what he's been able to achieve.

"Well, only I think frustration … because not everything that we have done has yet entered the public domain, which would have enabled us to then talk openly about the issues that are exposed by the investigations."

'A long way behind'

The Victorian election is a little over a month away and on Wednesday the commissioner has tabled what may be his last report.

It contains dire warnings about the integrity of the state's political system, including that some lobbyists have "privileged access" and outsized influence.

"We have no regulation whatsoever. We are seriously a long way behind other states," the commissioner told ABC's 7.30.

"It's timely that we need to have legislation that controls the way lobbying activity occurs.

"Human condition being what it is, it's thought [that]: 'If I can get to speak to a decision-maker privately, or even in a social setting, then I've got a step in the door towards influencing decision-making'."

Ministerial diaries are not published in Victoria, however, commissioner Redlich's report recommends they should be.

It also recommends that expensive tickets to political fundraisers be considered political donations.

"That's a very, unfortunately, a very common theme at the moment, that we have functions where people pay $5,000, $10,000 for a seat at the table."

'Insufficient donation regulation'

Victoria has a $4,320 limit on political donations at the state level each four-year cycle, however, public disclosures show some donors are finding a way around that rule.

Fiona McLeod SC, a director at the Transparency Roundtable, explains "donation splitting".

"What happens is you can ask your spouse, your children, your grandparents, your family companies and associates to make a contribution in support of your interests and effectively get around that cap," she said.

Commissioner Redlich's report calls for legislation to prevent that and for real-time donation disclosure.

"There needs to be legislation that ensures that, if there's a common source of those funds, that's identified so that nobody can hide under the cap that's imposed," he told ABC's 7.30.

Victorian local governments make multi-million dollar planning decisions, but candidates don't have to declare their donations publicly at all.

The IBAC report calls for local governments to be brought into line with the state government donation regulations.

"It's been a long time that there's been insufficient donation regulation at a local level," he said.

The Victorian government says it supports, in principle, the recommendations made in the report.

Watch ABC's 7.30, Mondays to Thursdays from 7.30pm on ABC iview and ABC TV.

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