The head of Victoria’s anti-corruption commission has warned of an increased risk of corrupt behaviour in Australian politics, saying integrity agencies such as his must be given strong powers to investigate pork barrelling and other potential wrongdoing.
In a wide-ranging interview with The Age, Robert Redlich, QC, said in the lead-up to the November state election that scrutinising “how the government of the day is expending the public purse” was the most important role of a commission like his.
Robert Redlich is far less sanguine about integrity in politics after five years as IBAC Commissioner.Credit:Jason South
“It can never be acceptable that a government has thrown a large amount of money at something because it will benefit the political party,” he said.
Integrity in politics was thrust into the spotlight at the federal election campaign after the former Coalition government stalled on a national anti-corruption commission, and several teal independents defeated inner-city Liberal MPs partly on a platform of greater action on integrity.
Redlich, whose five-year term as the head of the Independent Broad-based Anti-corruption Commission ends on December 31, said there had been a “profound shift in the political landscape” in recent years.
“It means that there’s an environment therefore which is more receptive to the risk of ‘soft’ or ‘grey’ corruption,” Redlich said.
In Victoria, Redlich fears good governance is being compromised by the centralisation of power in an allegedly politicised public service, which is the subject of an investigation by the Ombudsman.
The increased influence political advisers wielded at the expense of ministers was also concerning, he said, and the role of government departments in informing, supporting and developing good public policy had diminished over the past few years.
None of that is within the remit of IBAC, which has fewer powers than its NSW counterpart, the Independent Commission Against Corruption, which can investigate any allegation upon suspicion of corruption, including alleged substantial breaches of the ministerial code of conduct. IBAC also does not have the same coercive powers as ICAC to conduct preliminary investigations, and nor does it hold public hearings as a matter of course like ICAC.
Redlich said governments needed to be far more transparent if they were to reverse a global trend of declining trust in politics, adding: “If governments feel they’re immune from scrutiny in terms of how they apply the public purse it can have enormous ramifications.”
Han Aulby, the executive director of think tank the Centre for Public Integrity, said pork barrelling breached public trust and serious cases should be investigated by integrity commissions, with the discretion to investigate lying with the commissioner.
“If they believe an allegation of pork barrelling meets the definition of corrupt conduct, then investigations should proceed.”
The Albanese government has confirmed its national integrity commission, to be introduced to parliament before the end of this year, will have the powers to investigate pork barrelling as well as “serious and systemic” past corruption allegations.
Redlich would like IBAC to be granted greater power to investigate suspicions of corruption and coercive powers to be used in preliminary investigations. He acknowledged the agency’s powers had been bolstered since it was first set up by the Baillieu government in 2012, but called for a number of further reforms.
He said the commission needed the power to search police and charge people with destroying or concealing evidence; new powers to prevent cases becoming clogged up in legal proceedings; a better definition of what constitutes the offence of misconduct in public office and clarity on which police misconduct cases IBAC can investigate.
Redlich said whistleblowers who make complaints about politicians need to be protected, and the current requirement forcing people to report MPs to IBAC via the president and speaker of the parliament must be removed.
Attorney-General Jaclyn Symes said the government “continues to work closely with Victoria’s integrity agencies to ensure they have the powers they need, including through the systemic review of police oversight”. She said a review of the IBAC Act had concluded the natural justice process, under which people named in draft reports were given the opportunity to challenge them in court, was important and appropriate.
“Strong protections on the use of IBAC’s investigative powers ensure that a balance is maintained” between rooting out corruption and the welfare of individuals, she said.
In the wake of criticism in recent months that Premier Daniel Andrews had been quizzed behind closed doors in two inquiries while other witnesses had been publicly grilled, Redlich said he believed the Victorian commission had struck the right balance between public and private hearings.
Operation Richmond, which has been probing the Andrews government’s dealings with the firefighters’ union, has been conducted entirely in secret, while Andrews was questioned in private as part of two other inquiries, Operation Watts probing MPs misusing public funds and Operation Sandon probing planning decisions in Melbourne’s south-east.
Redlich acknowledged the need for public hearings to act as a deterrent, educate the community and prevent corruption, but stressed the welfare of witnesses always takes precedence over the priorities of the investigation.
Robert Redlich publicly examining former Labor minister Adem Somyurek as part of Operation Watts. Credit:
He said he was unable to confirm or deny whether Andrews had been examined in any case, but said IBAC was not a royal commission, and that investigators must be satisfied interviewing a witness in public won’t “unreasonably” damage their reputation.
“How do we decide whether or not unreasonable damage to reputation might arise? The answer is: do we have cogent evidence that shows the person’s misconducted themselves?” Redlich said.
On welfare, he said witnesses would not be required to face a public inquisition if they had a history of mental illness or if they broke down during hearings and were unable to continue. The commissioner said IBAC paid for a counselling service for all witnesses if they choose to take up the offer.
“In Operation Watts, for example, we had, on the public record, we had a significant witness who had health issues,” Redlich says.
Gladys Berejiklian was grilled before the NSW ICAC for two days last year. Credit:ICAC
“Initially, we were going to call that witness in public and they asked to be called in private, and we agreed to that. And then it became evident that they wouldn’t be able to cope in private either and so they weren’t called.”
The agency has come under attack over its decision to publicly examine former Casey mayor Amanda Stapledon as part of Operation Sandon. Stapledon took her own life earlier this year, three days after receiving a draft report from IBAC. Her friends and family have alleged IBAC ignored Stapledon’s indication to the agency that she had expressed suicidal ideations as early as April last year.
Redlich did not comment specifically on Stapledon’s case, but said in general terms that witness welfare was at the forefront of the commission’s thinking.
The opposition’s spokeswoman for government scrutiny, Louise Staley, said the Coalition was committed to giving IBAC the powers it needed and the funding it required to “return integrity to Victoria”.
“It’s no coincidence that Daniel Andrews continues to gag, cut and frustrate the IBAC when he himself is under investigation on at least three separate corruption matters. ”
Redlich said he was hopeful his organisation’s investigations had led to institutional reforms, and was proud of the legacy he would leave behind. That integrity issues had been a central theme of the federal election campaign was a sign that Victorians better understand the functions and importance of an integrity agency.
“We have a very good electoral integrity system … a very sound judicial process … But as soon as we descend beyond those, our standards have been falling away,” he said.
“[The only way to improve that] is in part by public hearings and by tabling reports.”
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