Tuesday, 20 December 2022

Independent Broad-based Anti-corruption Commission Amendment (Facilitation of Timely Reporting) Bill 2022

Introduction and first reading

David DAVIS (Southern Metropolitan) (17:06): I move to introduce a bill for an act to amend the Independent Broad-based Anti-corruption Commission Act 2011 to facilitate timely reporting by the IBAC, and I move:

That the bill be now read a first time.

Motion agreed to.

Read first time.

David DAVIS: I move, by leave:

That the second reading be taken forthwith.

Motion agreed to.

Statement of compatibility

David DAVIS (Southern Metropolitan) (17:06): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

This Bill seeks to ensure the timely tabling of Independent Broad-based Anti-corruption Commission (IBAC) reports in Parliament and to expedite their tabling while preserving relevant protections of the rights of those upon whom IBAC may comment unfavourably.

The Bill preserves the position of the Supreme Court of Victoria while informing the court of Parliament’s view that applications be determined with as much speed as the requirements of the Act and proper consideration of an application permits.

It strikes an appropriate balance in preserving the rights of those on whom adverse comments may be made by IBAC and the risk that legal machinery, shenanigans and roadblocks are used to stymy the release of a critical IBAC report in a timely way thereby allowing corruption to thrive and wrongdoers to escape just exposure by IBAC.

It is my view the Bill is compatible with the Charter of Human Rights and Equal Opportunities Act 2006.

David Davis MP

Second reading

David DAVIS (Southern Metropolitan) (17:06): I move, by leave:

That the second-reading speech be incorporated into Hansard.

Motion agreed to.

David DAVIS: I move:

That the bill be now read a second time.

Incorporated speech as follows:

This Bill seeks to ensure the timely tabling of Independent Broad-based Anti-corruption Commission (IBAC) reports in Parliament and to expedite their tabling while preserving relevant protections of the rights of those upon whom IBAC may comment unfavourably.

It arises because the Opposition has become aware of concerning delays in the tabling of a number of IBAC reports. These reports have been caught up in unnecessary legal delays and roadblocks.

It is in the public interest that these IBAC reports are tabled without undue delay and that any legal processes that result from recommendations are commenced and that any learnings from the report leading to legislative or educational steps are implemented expeditiously.

The Andrews Labor government is currently embroiled in at least three serious inquiries into corruption.

It is a matter of common knowledge now that the Premier of Victoria, Daniel Andrews, has been questioned by IBAC pursuant to at least two (Operations Watts and Sandon) and possibly a third current inquiry (Operation Richmond).

IBAC was created by the Baillieu Government to clean up the mess left by Labor prior to 2010.

The whole Victorian community understands the importance of IBAC having the resources and powers, with adequate balance, to manage corruption and root out corruption in Victoria.

It is in the interests of all Victorians that state government corruption, corruption at municipal council level, corruption within state government agencies and corruption more broadly in the Victorian community be met with the strongest response possible because corruption impacts not only the moral position of public officials but also the public’s trust in government and also has a significant adverse economic impact.

IBAC has an important role in educating the Victorian public sector and sending a clear signal that corrupt conduct will not be tolerated.

The Opposition is concerned at delays in the tabling of IBAC reports and we have separately made commitments as an opposition to increased funding to the IBAC (and to the Ombudsman).

We have also indicated that the independent agencies need to be on a more secure funding footing long term. Of course, adequate funding is just one important factor in enabling IBAC to complete its work in a timely manner. We fully accept there are in addition other factors, including legal processes which have induced delays.

In addition to the increased funding already committed to and the more secure funding process, the Opposition has also indicated it will restore the previous position with respect to the tests for public hearings, effectively reversing the recent changes to IBAC legislation.

This Bill seeks expedite legal processes that may otherwise be used to unreasonably obstruct the tabling of an IBAC report by ensuring timeliness is considered.

Clause 4 makes clear Parliament’s intention that the determination of claims through application under Section 59M be determined with as much speed as the requirements of this Act and the proper consideration of the application permit.

The Supreme Court must be free to make its decisions unimpeded but should be aware of Parliament’s intention that applications be determined with as much speed as is relevant within the requirement of this Act.

Similar provisions apply to Section 100 and Section 147.

Clause 5 provides a three-month time period for a relevant principal officer of a public body or a person subject to a potential adverse comment or opinion in a report by IBAC to respond and enables IBAC to transmit its report to Parliament if such individuals fail to respond.

Clause 7 introduces a new transitional provision that ensures IBAC must give a relevant principal officer of a public body or another person an opportunity to respond to adverse material in a proposed report under Section 162 and provides for a three-month period consistent with other changes in this Act.

Clause 6 ensures that a special report may be transmitted to each House of Parliament under Section 162 despite any proceedings that are pending in court in relation to the subject matter of the report or any other matter or thing that may be relevant to the report.

These provisions strike an appropriate balance in preserving the rights of those on whom adverse comments may be made by IBAC and the risk that legal machinery, shenanigans and roadblocks are used to stymy the release of a critical IBAC report in a timely way thereby allowing corruption to thrive and wrongdoers to escape just exposure by IBAC.

We believe that critical IBAC reports should not be denied to the Parliament and thereby the people of Victoria in a timely way.

Lee TARLAMIS (South-Eastern Metropolitan) (17:07): I move:

That debate on this bill be adjourned for two weeks.

Motion agreed to and debate adjourned for two weeks.