find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
New Vic anti-corruption body under fire

New Vic anti-corruption body under fire

The Law Institute of Victoria (LIV) has echoed calls for the Baillieu Government to scrap proposed laws for the Independent Broad-based Anti-corruption Commission (IBAC) and start again.


 

LIV president Michael Holcroft said mandates for the new commission, set out in five separate pieces of legislation, are flawed, too narrow and should be reconsidered.

“We support a robust anti-corruption body able to investigate all corruption in the public sector. Despite having introduced [one], we don’t think the Government has achieved this goal,” said Holcroft.
  

The president of Liberty Victoria, Spencer Zifcak, also expressed disappointment with the proposed legislation saying that, unlike the corruption commissions in Queensland and NSW, people who have committed minor criminal offences and disciplinary offences will not be covered by IBAC.

Holcroft said the limited mandate would undermine the public confidence in handling of corrupt public officials even further.

IBAC subsumes the Office of Police Integrity jurisdiction and widens it to unsworn officers with a narrow mandate for serious corrupt officials, said Holcroft, adding that the proposed IBAC was not much more than the OPI by another name.

In a submission to the Government, the LIV said that the definition of corrupt conduct was limited to only some indictable offences. The offences of misconduct in public office or conspiracy are not included. Serious corrupt conduct is not defined and is left to be determined by the IBAC Commissioner, with no guidance to help the Commissioner, other integrity bodies or the public understand what “serious” corrupt conduct is.
 
Holcroft also warned that the relationship between the IBAC Act and the Whistleblower Protection Act is unclear and that IBAC could question people without telling the witness the nature of the allegations.

“IBAC should have broader flexibility to hold public hearings, by removing the need for ‘exceptional circumstances’,” said Holcroft.

The new IBAC is also underfunded, according to the LIV, which claimed that past OPI expenditure suggests that at least $100 million would be needed over four years to administer OPI functions, leaving only $70 million over four years to cover the establishment costs of IBAC and the costs of investigating serious corruption.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

New Vic anti-corruption body under fire
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
microphone
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
protest
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Blocked
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...