IBAC Amendment (Ending Political Corruption) Bill 2023
By John Berger
16 AUGUST 2023
I rise today to speak on the Independent Broad-based Anti-corruption Commission Amendment (Ending Political Corruption) Bill 2023. This is a bill that seeks to amend the Independent Broad-based Anti-corruption Commission Act 2011. These amendments are entirely inappropriate to the functioning of the IBAC. I too will not be supporting this bill, and I encourage others not to support it as well. The IBAC was established to prosecute serious corruption in public bodies. At this stage, it does just that. It does competent and effective work in that field, and everyone who works for it and has assisted in any IBAC investigation should be commended for the important work they do for this state.
It is of utmost importance that the public have confidence in their Parliament and government, and that is the role the IBAC executes in Victoria. I am very proud not only to live in a state with such a robust anti-corruption commission but also to be a member of a government that is committed to empowering and supporting said IBAC. The government has made countless commitments not just to implement the recommendations put forward by the IBAC’s Operation Watts report but to go beyond to ensure that Victoria’s integrity agencies are as robust as they can possibly be. However, this bill flies in the face of what IBAC was established for. It flies in the face of our integrity bodies altogether. I believe the Attorney-General is on the record in Hansard countless times outlining the nature of the government’s relationship with the IBAC as mediated by the role of the Attorney-General. Where fit, IBAC makes recommendations to the Attorney-General, and we will always consider them. Most importantly, when implementing recommendations we will take our time to ensure that, in a legislative sense, we get it right.
These are not trivial matters that my colleague is dealing with. My colleague claims that her bill does one thing, essentially, in altering the definition under the Independent Broad-based Anti-corruption Commission Act for the key focus of both the act and the relevant commission. This definition being amended is that of corrupt conduct. My colleague has proposed amendments that would alter section 3(1), that being the definition surrounding the term ‘corrupt conduct’. This is a three-page bill, and the massive, complex issue of combating political corruption is a closed book. This is not an example of good legislation reform; it is an attempt to draft an amendment bill with a flashy name.
The definition of ‘corrupt conduct’ that may be prosecuted by the IBAC covers conduct that if found to be true could lead to criminal prosecution and charges. This is in reflection of the seriousness of the cases and complaints that the IBAC was established to investigate. The bill seeks to seemingly indefinitely extend the umbrella of conduct that would cause one to be investigated under IBAC. Should we extend IBAC’s jurisdiction to the standing orders? Should an MP be prosecuted by IBAC for a failure to wear a tie in the chamber? Does that seem like the worthwhile use of one of the most essential institutions in our state?
But no surprise, the government is committing to addressing all holes in our system that allow an individual to act with disregard for our important conventions and laws – disregarding this oversimplified approach to a problem that is anything but simple. It is indicative of the fact that it is only the Andrews Labor government that is fit to address the maintenance and support of IBAC in Victoria. I wonder if in writing this bill any thought was given to the unintended consequences that would have come of this. It should come as a shock to no-one that the term ‘corrupt conduct’ appears several times in our state’s legislation. This includes but is not limited to the Ombudsman Act 1973 and the Public Interest Disclosures Act 2012. Whilst this bill suggests that it is only amending the Independent Broad-based Anti-corruption Commission Act, it will have a ripple effect that will run the risk of completely altering the structures of our integrity agencies. Our integrity agencies conduct work that is complicated and intertwined. When reforming our integrity agencies, it is essential that the possible flow-on effects be considered.
Additionally, this bill has clearly not considered the huge amount of work being done by the government. We are working on the implementation of the 21 recommendations of the Operation Watts report delivered by IBAC. We cannot run the risk of ruining the outcomes of these. The recommendations will introduce a series of reforms, all with the express purpose of upholding the ethical standards and conduct expectations of anybody and everybody. This means everyone in the Parliament of Victoria, this precinct, including members of Parliament, ministers, ministerial staff and electorate officers. Some of the recommendations are as follows: the creation of a parliamentary integrity commissioner equipped with all the robust powers and resources necessary to investigate complaints against MPs, and the establishment of a parliamentary ethics committee that will be filled by members of both houses across party lines.
The parliamentary integrity commissioner and the parliamentary ethics committee will each be integral in the support and promotion of the ethical culture in the Parliament and in ensuring confidence in their Parliament. Members of Parliament will also have a point of call if they have any inquiries. The parliamentary integrity adviser will be established to give MPs confidential advice on the best practice model for MPs. The Andrews Labor government is right in the middle of reforming and updating several codes of conduct. The ministerial staff code of conduct now published online has already undergone several changes, and the ministerial code of conduct has been examined and made up-to-date. These reforms include clarifying their responsibilities surrounding the use of public resources and a specific focus on ensuring that use be non-party specific. There will also be reforms to conflict-of-interest and employment guidelines. We are also examining electorate officer recruitment, management and supervision and grants administration to promote transparency surrounding exactly where public money is going. The Victorian people deserve no less.
The Andrews Labor government is not stopping there. We are going beyond the recommendations of the Operation Watts report to ensure that we can further promote public trust and confidence in the political parties that ultimately end up representing them. This is how you fight political corruption: with careful, considered and informed measures. The Andrews Labor government is introducing four key reforms that directly affect the conduct of political parties and their membership processes, to acknowledge the importance of transparency. They apply directly to major political parties, and breaching of these requirements may affect the parties’ eligibility for public funding. The first reform is the requirement to present a physical ID when an individual joins a political party in Victoria. The second reform is the requirement to use traceable payments when paying for membership. The third reform is the requirement to present proof of eligibility to hold concessional membership cards.
An additional measure is to ensure that compliance with procedures is observed by all major political parties when using the electoral roll. This only applies to parties that meet certain size requirements. This is not to discourage the establishment of smaller parties in Victoria whilst also acknowledging the responsibility that major parties in Victoria share to uphold integrity within the democratic system in this state. We do not want to discourage the establishment of small parties because it is essential that every Victorian can exercise their democratic right in a way that is fair and representative of the people. This is because the Andrews Labor government takes fairness and integrity very seriously. You need only look at recent history to see that the Andrews Labor government is a government that is committed to supporting, endorsing and promoting our integrity agencies. It was the Andrews Labor government that introduced the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019. A huge amount of work has been undertaken by the government, and it is effective work, unlike this bill.
As is so clear, this bill is inappropriately being introduced to the house and is not necessary for the mission the Victorian government is undertaking to ensure that we have the most robust and strong integrity agencies in Australia. Because of these facts I cannot support this bill, nor can I endorse it to my colleagues. To be so brazen with our state’s integrity laws is no way to strengthen the integrity agencies. Carefully informed reform: that is how you get it done and how you get it done right. I urge my colleagues to vote against this when it comes to a division.
In concluding today, we are strengthening Victoria’s integrity agencies. We will be working to strengthen them. We will be consulting carefully with all members, regardless of their party or the house in which they sit, because we want to get this right. My door is always open as a member of the government. If someone wants to come in and chat to me in a meaningful and constructive way about strengthening our integrity agencies, feel free. Similarly, we work closely with our integrity agencies to ensure any broader changes we make to integrity agencies are sensible, sound, serious, effective and efficient and work to improve accountability and transparency.
We are not here to rush a few pages into legislation in the Parliament and call it a day. I reiterate the Andrews Labor government’s stance in doing so and urge the members of this house not to support the Independent Broad-based Anti-corruption Commission Amendment (Ending Political Corruption) Bill 2023.