Australian Administrative Law


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Australian Administrative Law

The Independent Broad-Based Anti-Corruption Commission of Victoria (IBAC)

IBAC became the Victoria’s first ever anti-corruption commission which was fully operational as from February, 2013. Its core purpose is to enhance integrity reforms as well as assisting the Victoria public sector in restoring its public confidence through measures that will help to curb malpractices and misconduct thus maintaining accountability and transparency. Australian Administrative Law.

The genesis of this commission can be traced as from November 2011, when the Victorian Parliament enacted the Independent Broad-Based Anti-Corruption Commission Act 2011 (IBAC Act 2011), which paves the way for the establishment of the IBAC as an independent and overseeing organ. Nevertheless, the Act was amended in 2012 to vet the commission more power to investigate the corruption case within their jurisdiction (Sise 2013).  

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Hence amendments have to be done to the legislation before the final bill is debated by the parliament so as to ensure that the office of the ombudsman remain independent as stipulated by the Ombudsman Act 1973. Being an independent officer of the Victorian Parliament, the role of the office should not be delegated to the other officer in the government. To avoid conflict within the government agencies and ensure the Victorian Government won the fight against corruption, there need to be clear distinction of the role to be played by each body and ensure that there is proper checks and balances of the powers vetted to the agencies without escalating the conflict within the corruption figh. Australian Administrative Law.

References

CONSTITUTION ACT 1975. Visited on 14th August 2013,             <http://www.austlii.edu.au/au/legis/vic/consol_act/ca1975188/

IBAC Act 2011. Visited on 14th August 2013,             <http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt7.nsf/DDE>

IBAC:             Independent Broad-Based Anti-Corruption Commission. Visited 14th August 2013,
            < http://www.ibac.vic.gov.au >

ICAC: Independent Commission Against Corruption. Visited 14th August 2013,
            < http://www.icac.nsw.gov.au >

OMBUDSMAN ACT 1973. Visited on14th August 2013,             <http://www.austlii.edu.au/au/legis/vic/consol_act/oa1973114/>

Pottenger, M & Monaghan, O 2013, Watchdogs with teeth: What Victoria can learn about             fighting corruption. The Conversation. Visitedon 14th August 2013, <http://theconversation.com/watchdogs-with-teeth-what-victoria-can-learn-about-fighting-corruption-11185>

Sise,P 2013, Victoria’s new Independent Broad-based Anti-Corruption Commission becomes       fully operational. Clayton Utz Insights. Visited on14th August, 2013, <http://www.claytonutz.com/publications/edition/14_march_2013/20130314/victorias_new_independent_broad-based_anti-corruption_commission_becomes_fully_operational.page>

Transparency International Global Corruption Barometer 2013,Visited on14th August, 2013,             <http://www.transparency.org/whatwedo/pub/global_corruption_barometer_2013>