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Special Report Concerning Certain Operations in 2013 Special report concerning certain operations in 2013 Pursuant to section 162 of the Independent Broad-based Anti-corruption Commission Act 2011 November 2013 If you would like to receive this publication in an accessible Printed on Australian-made, 70–100 per cent post-consumer format, please phone IBAC’s Education and Communication Unit recycled, FSC (Forestry Stewardship Council) certifi ed, on 1300 735 135, using the National Relay Service 13 36 77 carbon-neutral paper by Kwik Kopy, William Street, Melbourne, if required, or email [email protected] Victoria 3008. This document may also be downloaded from the IBAC website Ordered to be printed by the Victorian Government Printer. at www.ibac.vic.gov.au November 2013 PP 287 Session 2010–13 Published by the Independent Broad-based Anti-corruption ISBN 978-0-9923961-0-7 (print) Commission, Melbourne, Victoria. November 2013 ISBN 978-0-9923961-1-4 (online) © Copyright State of Victoria 2013 This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. SPECIAL REPORT CONCERNING CERTAIN OPERATIONS IN 2013 Letter of transmittal To: The Honourable President of the Legislative Council The Honourable Speaker of the Legislative Assembly As foreshadowed in the Independent Broad-based Anti-corruption Commission (IBAC) Annual Report 2012–13 tabled in Parliament in October 2013, this report dealing with certain IBAC operations in 2013 is presented to Parliament pursuant to section 162(1) of the Independent Broad-based Anti-corruption Commission Act 2011(Vic) (IBAC Act). The principal purpose of this report is to explain IBAC’s handling of various matters where most or all key events took place before IBAC took full jurisdiction in February 2013. Some of these were investigations that the Offi ce of the Police Integrity (OPI) was unable to complete by the time it ceased to exist in February 2013, and which IBAC decided it should complete. This report is otherwise desirable in the interests of transparency and, in relation to some matters, of fairness to persons publicly named as being the subject of a complaint to, or possible investigation by, IBAC. IBAC’s approach in this latter regard is described in Appendix A and relevant formal requirements prescribed for its special reporting in section 162 of the IBAC Act are addressed in Appendix B. Yours sincerely Stephen O’Bryan SC Commissioner www.ibac.vic.gov.au 01 This page has been left blank intentionally 02 SPECIAL REPORT CONCERNING CERTAIN OPERATIONS IN 2013 Contents Letter of transmittal 01 4. Conclusion 21 1. Introduction 05 5. Appendices 22 Appendix A 22 07 2. IBAC’s early operations Appendix B 23 Building the organisation 07 Appendix C 24 The new integrity legislation 07 Appendix D 25 IBAC’s role 07 Protected disclosure guidelines and training 08 Abbreviations 26 New investigations 08 Own motion investigation into deaths or serious injury associated with police contact 09 Victoria Police Taskforce Keel 09 Information provided to IBAC by the Hon Ted Baillieu MP 10 Notifi cation to IBAC under section 16E of the Ombudsman Act 1973, concerning the Hon Matthew Guy MLC 11 3. OPI related matters 13 Investigation concerning alleged misconduct within the Mounted Police 13 Investigation concerning complaint to OPI by Theo Theophanous 13 Investigation concerning complaint against OPI and Victoria Police by Noel Ashby APM and Paul Mullett APM 16 Ombudsman’s report to IBAC concerning OPI’s investigation into Sir Ken Jones QPM 18 Investigation into police conduct which caused the premature collapse of a serious drugs-related prosecution 20 www.ibac.vic.gov.au 03 This page has been left blank intentionally 04 SPECIAL REPORT CONCERNING CERTAIN OPERATIONS IN 2013 1. Introduction This report addresses certain matters IBAC has dealt • the results of direct notifi cations by other agencies with since it became fully operational on 10 February or information received from government since IBAC 2013, some of which were taken over by IBAC from assumed its full powers and which have been the OPI when it ceased to exist on the same date. subject of public commentary It is timely that IBAC demonstrates to Parliament and • a number of ‘legacy’ matters in which IBAC the public that it has acted – and is acting – upon has completed sensitive and complex matters the meaning and intent of relevant legislation1, both commenced by the former OPI or where OPI in respect of matters fi rst taken up by OPI and otherwise had some involvement. Most of these subsequently addressed by IBAC, and of matters cases, involving allegations of police misconduct, that have arisen since IBAC assumed its powers. have previously been the subject of signifi cant public comment and interest. Accordingly, this report addresses the following matters: Importantly, this report foreshadows outcomes from a • IBAC’s early operations, and in particular some of number of investigations in the police and public sector the organisational, legislative, operational and other jurisdictions commenced since IBAC assumed full powers issues facing the Commission in February 2013. This report notes that at present, IBAC’s police and other public sector investigations • a standing ‘own motion’ investigation that IBAC are roughly even in number. has commenced into deaths or serious injury (or risk thereof) associated with police contact Finally, this report underscores the determination • IBAC’s response to the announcement of Taskforce of IBAC to build a reputation for professionalism, Keel, a Victoria Police investigation to explore links adherence to both the spirit and letter of the legislation between some police personnel and criminal elements passed by Parliament, and respect and responsiveness including, in particular, members of outlaw motor in its dealings with clients and stakeholders, in particular cycle gangs the Victorian public. 1 Especially the Independent Broad-based Anti-corruption Commission Act 2011 and Protected Disclosure Act 2012. www.ibac.vic.gov.au 05 This page has been left blank intentionally 06 SPECIAL REPORT CONCERNING CERTAIN OPERATIONS IN 2013 2. IBAC’s early operations Building the organisation The new integrity legislation As a new organisation, a particular early priority for During 2013, IBAC and other Victorian agencies have IBAC has been to establish and build the organisation, been navigating new and complex integrity scheme with strong executive leadership, management capacity legislation, which involves fully understanding and and technical expertise, as well as sound organisational making the legislation work in practice. IBAC intends to structure, systems, policies and practices. further report to Parliament on important aspects of its interpretation and application of the legislation after In this respect, the establishment of IBAC has been a IBAC’s fi rst twelve months of full operation4. This will mix of start-up activity for a new organisation, as well include a detailed update about the performance as change management in transitioning resources, of IBAC’s important prevention and education role. in particular many staff from OPI. IBAC has taken a deliberately measured approach to recruitment and other establishment activities. IBAC’s role Strong organisational foundations for IBAC will benefi t It is timely to clear up possible misunderstandings the State of Victoria into the future and patience is concerning the fact that IBAC only investigates a small required to see its potential fulfi lled. As recently noted proportion of the many complaints from the public and by the Chief Commissioner of the Integrity Commission notifi cations from other statutory bodies that it receives. in Tasmania, interstate experience demonstrates that IBAC assesses all complaints and notifi cations on it takes time to establish a new organisation like IBAC, their merits. IBAC will only commence an investigation with a new and broad jurisdiction. Moreover, it is diffi cult when the subject matter involves credible allegations or to make comparisons at this stage of IBAC’s operations evidence of serious misconduct within Victoria Police, with the performance of anti-corruption agencies in or of serious corrupt conduct in the public sector. Other NSW and Queensland, which have decades of complaints and notifi cations of police or public sector experience to draw on, and which have differing powers misconduct are able to be referred by IBAC to other and jurisdictions2. In a similar vein, the federal Integrity integrity, statutory or law enforcement bodies5. IBAC’s Commissioner recently observed in his annual report powers, expertise and resources are appropriately that ‘it takes perhaps a decade to embed an effective focused on investigating the more serious matters, integrity system’3. as well as its other functions6. The organisational performance of IBAC will be covered This approach is consistent with IBAC’s role as in further special reports, and in statutory annual reporting Victoria’s central integrity agency and the approach of following the end of each fi nancial year, as well as in its interstate counterparts7. In receiving and assessing fulfi lling specifi c statutory reporting obligations to a wide range of complaints and notifi cations, IBAC the Victorian Inspectorate (VI). plays an important ‘clearing house’ role in collecting comprehensive information on potential corruption issues and risks facing the public sector. This information and intelligence may inform prevention and education functions,
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