Independent Broad-based Anti-corruption Commission (IBAC)
| Independent Broad-based Anti-corruption Commission (IBAC) | |
|---|---|
| Abbreviation | IBAC |
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Logo of the Independent Broad-based Anti-corruption Commission (IBAC)
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| Agency overview | |
| Formed | July, 2012 |
| Preceding agency | Office of Police Integrity |
| Employees | 200 |
| Annual budget | A$31 million (2014-2015) |
| Legal personality | Governmental: Government agency |
| Jurisdictional structure | |
| Operations jurisdiction* | State of Victoria, Australia |
| Governing body | Parliament of Victoria |
| Constituting instrument | Independent Broad-based Anti-corruption Commission Act 2011 (IBAC Act) |
| General nature |
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| Operational structure | |
| Headquarters | Level 1, 459 Collins Street, Melbourne, Victoria, Australia |
| Agency executives |
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| Website | |
| www |
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| Footnotes | |
| * Divisional agency: Division of the country, over which the agency has usual operational jurisdiction. | |
The Independent Broad-based Anti-corruption Commission (IBAC) is Victoria's anti-corruption agency with jurisdiction over the public sector. It does this by:
IBAC's jurisdiction includes:
IBAC is one of three key independent authorities in the Victorian integrity system. The other agencies are the Victorian Ombudsman and the Victorian Auditor-General's Office.
Under the IBAC Act, IBAC is accountable to the people of Victoria and reports to the State Parliament.
It is also subject to scrutiny through:
The IBAC Act was passed on 29 November 2011, establishing:
In 2012, the IBAC Act was amended to grant IBAC certain investigative powers as well as define its main areas of jurisdiction. Further legislation was subsequently introduced to replace the former Whistleblowers Protection Act 2001 with the Protected Disclosure Act 2012 (Protected Disclosure Act).
IBAC was formally established on 1 July 2012 and became fully operational in February 2013.
IBAC has powers to effectively investigate allegations of serious corrupt conduct. These include the power to:
IBAC must apply to the Supreme Court or other courts and tribunals before exercising some powers. The Public Interest Monitor reviews and makes submissions on IBAC's applications for surveillance device warrants and telecommunications interception warrants.
Prior to its establishment, the powers granted under the IBAC Act were publicly criticised. Following establishment, former Court of Appeal judge and Chair of the Accountability Round Table, Stephen Charles QC, said the IBAC legislation was "seriously flawed" and that IBAC required investigatory powers similar to those of the New South Wales Independent Commission Against Corruption.
IBAC's Commissioner Stephen O’Bryan QC stated:
"As with any new and complex legislation, it is not until it is applied in practice over time that areas for improvement are best identified. I am confident that the IBAC Act provides a solid initial framework for Victoria's new integrity regime and that, as with any such legislation, it will transform over time. Certainly, if elements of the Act fall short of what is needed to carry out most effectively its objectives and purposes, I have publicly stated that I will seek appropriate amendment."
After a year of full operation, the Commissioner determined some areas of the IBAC Act would benefit from amendment. Detailed in the April 2014 Special report following IBAC's first year of being fully operational, these included:
In September 2014, the Integrity Legislation Amendment Bill 2014 (Bill) was introduced to Parliament. The Bill proposed amendments to:
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