Tuesday, 30 May 2023

Statements on parliamentary committee reports

Integrity and Oversight Committee

The Independent Performance Audits of the Independent Broad-based Anti-corruption Commission and the Victorian Inspectorate

Bridget VALLENCE (Evelyn) (11:16): I rise today to speak on the Integrity and Oversight Committee’s report, The Independent Performance Audits of the Independent Broad-based Anti-Corruption Commission and the Victorian Inspectorate. Today I would like to refer in particular to the excellent minority report within that overall report and commend my colleagues the Deputy Chair and member for Sandringham and the member for Rowville on this minority report, which is quite telling and quite important.

This committee, on behalf of the Parliament – the Integrity and Oversight Committee (IOC), which I will refer to as ‘the committee’ – are required to appoint an independent auditor to conduct a performance audit of Victoria’s integrity agencies at least every four years. However, this minority report notes that this is the first performance audit of its kind in Victoria. Now, in compliance with the Independent Broad-based Anti-corruption Commission – or IBAC – Act 2011 and the Victorian Inspectorate Act 2011, the performance auditor is required to determine whether these agencies are achieving the objectives effectively, economically and efficiently. This minority report reveals and seeks to disclose some of the significant challenges throughout the performance audit process. Indeed there were two reasons why this minority report was tabled, and it is really that the adoption of the performance audits was particularly challenging. The first is the inability of the performance auditor to do what the law and the committee required, and second, the inadequate legislative framework that underpins the performance audit process. This report really demonstrates – and it is so important and so vital because, principally, there was a misrepresentation of the auditor’s capacity to undertake the audit – that their final reports contained in the majority report are not independent.

Now, in the context of this committee process leading into this inquiry it is important and worthwhile to note that the make-up of the parliamentary committee, the IOC, was dominated by members of the Andrews Labor government and that their conduct throughout was particularly unbecoming and really questionable. This is precisely why this minority report exists. Indeed this gave rise to the extraordinary and explosive letter sent by outgoing IBAC Commissioner Robert Redlich, former Justice the Honourable Robert Redlich. He wrote to the Speaker and the President of this Parliament accusing the Andrews Labor government of revenge attacks. Robert Redlich wrote to the Parliament’s Presiding Officers in December last year, raising serious concerns about potential misconduct of Andrews Labor government MPs. In his commentary, Robert Redlich noted:

What is most concerning is that it appears that the Chair and majority of the IOC Audit Sub-Committee seemed intent on casting IBAC in a negative light for what we can only assume were political reasons relating to the work undertaken by IBAC.

Mr Redlich also alleged that members of the Integrity and Oversight Committee, presumably Labor members, had leaked to the media to gain some political advantage. This is astonishing and shocking. It is wrong. I quote Mr Redlich further:

These leaks seem designed to put IBAC in an invidious position as they often relate to confidential operational matters to which IBAC is not able to publicly respond. This ongoing problem has meant that IBAC must be quite selective as to what it can disclose to the IOC …

This was an extraordinary letter sent by the former head of IBAC to the Parliament. It obviously was intended for all members of the Parliament and indeed the public to see. It is extraordinary that so far it has been kept secret, although it was leaked to the media, so the public has been able to see that there are significant scrutiny and integrity issues in the Andrews Labor government. What are they hiding, and why are they so intent on hamstringing the oversight and integrity bodies of this state? It is wrong, and it should change.