The
visit to the Independent Broad-Based Anti-Corruption Commission (IBAC) is the
field trip I have been looking forward to the most. I first came across IBAC in
the new Protected Disclosures Act (Vic) which
I have been using as part of my analysis for my thesis. For serious cases of
corruption, IBAC are now the authority to investigate, taking over the Office
of Police Integrity and taking the more serious cases from the Ombudsman. They
also investigate protected disclosures, which are cases of whistleblowing that
gain protection under the Protected
Disclosures Act. This is particularly relevant to my thesis as I am arguing
that although this new legislation may provide greater protections to
whistleblowers than the previous law (which as Emma stated, had more
‘deflections’ than protections), it is still flawed. It does not protect
whistleblowers who disclose information to the media without internal
disclosure at least six months beforehand, and does not cover Members of
Parliament.
Some
of these flaws are also reflected in IBAC. They cannot investigate Members of
Parliament, and must require a certain degree of ‘facts’ before initiating an
investigation, although as Simon and Emma explained, this may be up to the
Commissioner’s discretion. Although, as discussed in class, the high threshold
that claims must reach in order to be investigated by IBAC may significantly
restrict their caseload, it also seems that the Commissioner has a fair amount
of discretion in regards to the direction that IBAC take.
The
trip to IBAC allowed me to gain a greater understanding of the Protected Disclosures Act and therefore
has been helpful in research for my thesis.
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