Brown and Mr Davis` PowerPoint Presentation

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PARLIAMENT OF VICTORIA
Independent Broad-based Anti-corruption
Commission Committee
Accountability and Oversight Committee
Victoria’s New Integrity
System
Mr Clem Newton-Brown MP
Mr Philip Davis MLC
IBAC Establishment
The IBAC was formally established in July 2012 with
responsibility for identifying and preventing serious
corrupt conduct across the whole public sector,
including:
• members of Parliament.
• the judiciary.
• state and local government.
• police personnel misconduct.
Reforming Victoria’s
integrity system
Other bodies established or amended for Victoria’s
integrity system include:
• The Public Interest Monitor.
• The Freedom of Information Commissioner.
• The Victorian Inspectorate.
• Amendments to powers of the Ombudsman and the
Auditor General.
• The IBACC and AOC in the Victorian Parliament.
Purpose and functions of
the IBAC
• to strengthen the integrity of the public sector, and
enhance community confidence in public sector
accountability;
• identify, expose and investigate serious corrupt conduct
and police personnel misconduct;
• receive complaints about corrupt conduct and police
personnel misconduct;
• examine systems and practices in, consult with, and
make recommendations to, the public sector;
• provide information and education to the community
Corrupt Conduct
Conduct that would constitute a relevant offence and that:
• adversely affects the honest performance by a public
officer or public body of his or her or its functions;
• constitutes or involves the dishonest performance by a
public officer or public body of his or her or its functions;
• constitutes or involves knowingly or recklessly breaching
public trust by a public officer or public body;
• involves misuse of information or material acquired in the
course of performing the functions of a public officer or
public body, whether or not for the benefit of her or him or
it or any other person;
• could constitute a conspiracy or an attempt to engage in
any of the above.
Police Misconduct
Conduct by a Police Officer:
• that constitutes an offence punishable by
imprisonment;
• that is likely to bring the police force into disrepute or
diminish public confidence in it;
• that is disgraceful or improper conduct (whether in the
member’s official capacity or otherwise).
Conduct by police personnel that are not members of
the police force “which is likely to bring police
personnel into disrepute or diminish public confidence
in police personnel.”
Complaints to the IBAC
• Public sector body heads, the Chief Commissioner of
Police, and Executive Officers of local governments
may notify IBAC of matters they believe comprises
corrupt conduct.
• The Chief Commissioner of Police must notify IBAC
about all complaints of corrupt conduct by non-member
personnel.
• Upon receipt of a complaint, the IBAC must dismiss,
investigate, or refer the matter back to the originating
agency or a prosecutorial body.
Investigative Powers
In relation to an investigation into a breach of
discipline, the IBAC may require a member of the
police force to:
• give it any relevant information;
• produce any relevant document; or
• answer any question.
The Commissioner may authorise IBAC officers to
enter police premises to obtain documents or things
relating to an investigation.
Investigative Powers (cont.)
An authorised officer may also apply to a Judge of the
Supreme Court for a search warrant of a particular
premises, or a particular vehicle, vessel or aircraft
located in a public place.
A person may claim privilege, but Crown and
journalistic privilege does not apply, nor any obligation
on police personnel to maintain secrecy.
Examinations
• The IBAC is able to convene examinations that are not
bound by the rules of evidence, in which the procedure
of examination is determined at the IBAC sees fit.
• The proceedings of all examinations must be video
recorded.
• Examinations are generally be conducted in private,
unless the IBAC determines that:
• there are exceptional circumstances; and
• it is in the public interest to hold a public examination;
and
• a public examination can be held without causing
unreasonable damage to a person's reputation, safety or
wellbeing.
Examinations (cont.)
• The IBAC has the power to summons people to give
evidence at an examination.
• Witnesses are entitled to seek legal representation,
unless the IBAC directs a witness not to seek
representation from a particular legal practitioner.
• A person is not excused from answering a question,
giving information, or providing a document on the
ground that it might tend to incriminate the person.
However, evidence provided in this manner is, except
in particular circumstances, inadmissible in court.
Oversight of the IBAC
• The IBAC is required to advise the Victorian
Inspectorate that it will convene a public examination at
least 7 days prior to that examination taking place.
• The IBAC must inform the Victorian Inspectorate if it
exercises its power to direct a witness not to seek
representation from a specific legal practitioner.
• The Victorian Inspectorate (described below) has a
range of oversight responsibilities in regard of the
IBAC.
• The IBAC Committee in the Victorian Parliament also
have oversight roles in regard of the IBAC.
Recommendations and reports
• The IBAC may make recommendations to a
principal officer (public sector body head, Chief
Commissioner, or CEO of a council), the responsible
Minister, or the Premier.
• A report on actions taken, or not taken, in regard of
a particular recommendation must be provided.
• The IBAC may also table a report in each House of
Parliament on any matter relating to the
performance of its functions and duties.
The IBAC Committee
• The IBAC Committee is established under the
Parliamentary Committees Act 2003 (Vic).
• The functions of the IBAC Committee include to:
• Monitor and review the performance of the duties and
functions of the IBAC, and specified duties of the Victorian
Inspectorate.
• Examine any reports of the IBAC, or in regard of specified
duties and functions of the Victorian Inspectorate.
• Report to both Houses of the Parliament on any matter
connected with the performance of the duties and functions of
the IBAC, or specified duties and functions of the Victorian
Inspectorate.
• Consider any proposed appointment of an IBAC
Commissioner or Victorian Inspector.
Functions of the IBAC
Committee (cont.)
• The IBAC Committee is not able to investigate
particular complaints or disclosures made under
relevant acts, or to review any decision, finding,
recommendation or determination of the IBAC or the
Victorian Inspectorate regarding the investigation of
particular complaints or receipt of protected
disclosures.
Powers of the IBAC Committee
• The IBAC Committee has the powers generally
possessed by Victorian Joint Investigatory Committees.
• The IBAC Committee may be required to inquire into,
consider and report on any proposal, matter or thing that
is relevant to its functions.
• The IBAC Committee is not compelled to table any
report in Parliament unless, in the Committee’s opinion,
matters arise that “require the attention of the
Parliament.”
• The Committee also is empowered under the
Parliamentary Committees Act 2003 (Vic) to take
evidence in public and in private.
Membership
•
•
•
•
•
Mr Clem Newton-Brown MP (Chair)
Ms Jill Hennessy MP (Deputy Chair)
Hon. Andrew McIntosh MP
Mr Paul Weller MP
Mr Matthew Viney MLC
Accountability & Oversight Committee
The Committee was established in February 2013
under the Parliamentary Committees Act 2003 and has
the following functions under the Act —
• to monitor and review the performance of the duties and
functions of the Ombudsman;
• to report to both Houses of the Parliament on any matter
connected with the performance of the duties and
functions of the Ombudsman that requires the attention
of the Parliament; and
• to examine any reports by the Ombudsman that are laid
before a House of the Parliament.
AOC functions (cont’d)
– The Accountability and Oversight Committee
cannot:
• investigate a matter relating to particular conduct the
subject of any particular complaint, protected disclosure
complaint, referred complaint or referred matter;
• review any decision to investigate, not to investigate or
to discontinue an investigation of, a particular complaint,
protected disclosure complaint, referred complaint or
referred matter;
AOC functions (cont’d)
• review any findings, recommendations,
determinations or other decisions of the
Ombudsman in relation to a particular complaint,
protected disclosure complaint, referred
complaint or referred matter or an investigation
conducted by the Ombudsman;
AOC functions (cont’d)
• disclose any information relating to the
performance of a function or duty or the exercise
of a power by the Ombudsman which may—
• (i) prejudice any criminal proceedings or
criminal investigations, or investigations by the
Ombudsman, the IBAC or the Victorian
Inspectorate; or
• (ii) contravene any secrecy or confidentiality
provision in any relevant Act.
Why was the Committee set up?
• The AOC was set up as part of the
establishment of an integrity regime in
Victoria. It has an oversight role of the
following agencies:
– Freedom of Information Commissioner
– Victorian Ombudsman
– Victorian Inspectorate
Scope of Committee
• Role of the AOC is limited to analysing the
outputs of the three agencies for which it
has oversight responsibility and monitoring
their overall performance.
• This includes reviewing their annual
reports.
• It is NOT a review mechanism or an
alternative investigative body.
Recent activity
• Committee is currently reviewing the role and
work of equivalent committees and agencies in
other jurisdictions.
• Committee travelled in September to Brisbane
and Sydney for meetings.
• Prior to the ASPG conference the Committee
also met with members of the WA Public
Administration Committee, the WA Ombudsman
and WA Information Commissioner.
Membership
• Members were appointed to the AOC on 7
February 2013
• The first meeting was held on 7 March
2013
• Bipartisan Committee of five Members:
three from the Government and two from
the Opposition
• Membership drawn from both Houses
Membership cont’d
• AOC Members:
– Mr Philip Davis MLC, Chairman
– Ms Jennifer Kanis MP, Deputy Chair
– Hon. Andrew McIntosh MP
– Hon. Lisa Neville MP
– Mr David O’Brien MLC
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