Former IBAC commissioner Robert Redlich wants Premier Daniel Andrews to overhaul the legislation governing Victoria’s anti-corruption watchdog.

Former IBAC commissioner Robert Redlich wants Premier Daniel Andrews to overhaul the legislation governing Victoria’s anti-corruption watchdog.Credit:Jason South

“The importance of more public hearings,the ability to publish reports quickly – and more public recommendations – is that it’s only through the transparency that comes with publishing these things that the community can be informed,” Redlich said.

In NSW,the decision over whether to hold a public examination – like the one whereformer premier Gladys Berejiklian was questioned – rests on a public interest test. But in Victoria,IBAC’spublic interrogations can only be held in “exceptional circumstances”.

Integrity experts have for months been calling on the Andrews government to lower that bar,as well as broaden the state’s definition of corruption so that it does not have to constitute a criminal offence.

Redlich saidsuch an overhaul would represent just two out of five key changes he believes are needed to modernise Victoria’s anti-corruption agency.

“One ought to have a national approach to integrity issues,” he said. “You’ve now gota federal commission that has the broader jurisdiction to look at corruption ... which falls short of being criminal. And,of course,that legislation mirrors the jurisdiction of the NSW ICAC[Independent Commission Against Corruption].”

Under Victoria’s current legislation,any report that is to be published by IBAC must first be given to all persons named. Their written responses,and any requested amendments,must then be considered.

Advertisement

“This has resulted in litigation and great delays in reports being published,” Redlich said.

Loading

“The act should permit an alternative procedure,such as that followed by royal commissions,boards of inquiry[or the] NSW ICAC,so that at the end of hearings,counsel assisting make submissions and the legal representatives of the persons of interest make a submission in response.

“Then the commission,without any further step,may write its report and publish it.”

The former commissioner also wants stronger protections for IBAC under the Parliamentary Committees Act and for the watchdog’s private recommendations to institutions – which are beyond the scope of final reports – to be made public.

Redlich’s comments cap a tense week in state politics. The retired commissioner appeared before parliament’s integrity and oversight committee last Monday to declare Victoria had a “very serious problem” on its hands when it comes to tackling corruption.

Loading

Rather than focus on Redlich’s concerns,Labor MPs on that committee peppered the former judge with unrelated questions,including whether he had bullied any of his staff.

Last Thursday,two of the committee’s government representatives confronted Greens chair Tim Read in a corridor in Parliament House. The Labor MPs were unhappy with Read’s decision to speak in support of debating a Coalition motion relating to Redlich’s treatment at Monday’s hearing.

In an interview withThe Sunday Age,Redlich said of last week’s hearing:“If Monday’s conduct illustrates anything at all,it speaks loudly to the fact that political considerations override the need for reform.”

Shadow attorney-general Michael O’Brien said Labor MPs appeared to have decided that attacking Redlich and his supporters was easier than cleaning up their own act.

IBAC’sOperation Daintree report,published earlier this year,foundthe Andrews government awarded a Labor-affiliated union a $1.2 million contract on the eve of the 2018 election without a competitive tender process.

Former Labor speaker Ken Coghill says IBAC should be given greater powers.

Former Labor speaker Ken Coghill says IBAC should be given greater powers.Credit:Paul Jeffers

“Robert Redlich is a serious person and has put forward serious ideas for dealing with the corruption in Victoria,” O’Brien said. “He deserves respect,not smears from a rattled Andrews Labor government.”

Former state Labor MP Ken Coghill,who was speaker in the lower house in the Cain government and is now an Accountability Round Table director,urged the Andrews government to listen to Redlich’s advice when it came to lowering the threshold for IBAC investigations.

“The record suggests governments can actually benefit from stronger investigative powers,in that it enhances public confidence in the government’s performance,” Coghill said. “The general observation is that the longer governments are in office,the greater the risk they will overlook transgressions.”

Loading

Those comments were backed by former Liberal premier Ted Baillieu,who formally established IBAC in July 2012.

“We introduced the legislation,” Baillieu said. “I think in many respects IBAC’s done well. If there’s room for improvement,there ought to be given serious consideration.”

A spokeswoman for the government said it had almost doubled IBAC’s funding since Labor assumed office in 2014. She also said the government had improved IBAC’s public examination powers in 2019,and that requests for additional reforms were a matter for the current acting commissioner.

“The attorney-general regularly speaks to IBAC and other agencies about law reform they would like the government to consider,” the spokeswoman said.

“The government is giving proper consideration to the recommendations of Operation Daintree,as is appropriate,and will respond in due course.”

Get the day’s breaking news,entertainment ideas and a long read to enjoy.Sign up to receive our Evening Edition newsletter here.

Most Viewed in Politics

Loading