IBAC is the body that is responsible for investigating and exposing corruption in the public sector, and for making recommendations for reforms to prevent corruption in Victoria. This includes conduct by police, parliamentarians, members of the judiciary, public schools, universities and hospitals.

IBAC can receive complaints from any member of the community who has witnessed, experienced, learned of or suspects misconduct or corruption by a person or organization in the public sector. IBAC can also initiate their own investigations without having received a complaint.

What kind of matters does IBAC investigate?

IBAC can investigate corruption and misconduct including:

Taking or offering bribes
Awarding contracts to friends or family
Using information received improperly to either create an advantage for themselves or another, or causing a disadvantage to another person or organisation
Disclosing confidential information
Committing criminal offences
Misuse of police powers
Breaching public confidence

What happens when a complaint is made to IBAC?

Upon receipt of a notification, IBAC utilises a range of tools and possible interventions to assess the matter. Once assessed, IBAC will either investigate the complaint, refer the complaint to another agency, or dismiss the complaint. IBAC will determine which of these options to take based on the level of seriousness of the complaint, whether it represents a systemic issue and whether there is any person or group at risk.

IBAC’s investigative powers

IBAC have been given far-reaching powers to assist them in conducting investigations.

They have the power to:

Compel you to answer questions at either a public or private examination
Compel you to produce documents or things
Enter and search premises
Use surveillance and listening devices

Your rights and obligations:

If you have received a summons to appear before IBAC, speak to a lawyer immediately. We have lawyers who are highly experienced in this field who can explain the process to you and assist you to comply with the summons.

The summons will include the directions being given to you, including the time and location you must attend to give your evidence and any documentation you are required to make available. The summons will inform you as to whether the examination will take place in private, or whether it will be a public examination. You have a right to be represented and it is always advisable that you attend with a lawyer.

Contrary to the rights afforded to a witness in a criminal hearing, there is no privilege against self-incrimination available to witnesses at private or public examinations by IBAC.

Your summons will likely be accompanied by a Confidentiality Notice. The notice serves to limit what you are permitted to tell others, if anything at all, about having been served with the summons and your obligation to attend at IBAC. It is important to read the notice carefully and to comply fully with any restriction imposed.

Outcomes of IBAC investigations

Once an IBAC investigation is completed, there will be consideration given to whether there is evidence of criminal conduct. If there is, they can initiate criminal charges or refer the matter to the Office of Public Prosecutions. Alternatively, they can refer the matter to another entity for disciplinary measures to be carried out. IBAC can also make recommendations to the head of the relevant organisation or body and require a response from them about their implementation.

IBAC will publish the outcomes of both public and private investigations in their annual reports.

Relevant legislation

There are various pieces of legislation which IBAC operates within.

The primary Act is the Independent Broad-based Anti-corruption Commission Act  2011.

This sets out the functions, powers and procedures for how IBAC carry out their legislated objectives.

The Public Interest Disclosures Act 2012  guides the decision-making process for which complaints require disclosure and offers protection to those who make disclosures.

Importantly, the  Charter of Human Rights and Responsibilities Act 2006 (the Charter) contains the fundamental rights which are afforded to each person. These are rights which must not only be protected, but also promoted in the actions and decisions made by IBAC. As part of its role, IBAC must also ensure that Victoria Police members and protective services officers are adhering to the human rights set out in the Charter.

In executing its functions, IBAC are also guided and restricted by other pieces of legislation, including:

IBAC have a great deal of power. Therefore, it is important that they are required to adhere strictly to the laws governing those powers, to ensure that there is transparency, accountability, and fairness in the execution of their role.

It is vital that you engage a lawyer that is experienced in dealing with IBAC so that your rights are protected.

Independent Broad-Based Anti-Corruption Commission (IBAC)