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IBAC blocked from releasing report on major corruption probe involving the Andrews government

IBAC is being dragged through court to try to muzzle it from releasing reports on two big Andrews government corruption probes.

Dan Andrews won’t comment on any ‘IBAC matter that’s not the subject of a final report’

Victoria’s corruption watch­dog is being blocked from releasing the final reports of two major corruption probes into Andrews government dealings.

The Independent Broad-based Anti-corruption Commission is being dragged through the Supreme Court in the ­separate last-ditch bids to stop the release of its findings.

Key developments on Thursday in both secret cases mean that neither report will be released ahead of the state election, in less than three weeks.

It comes as Daniel Andrews is facing increasing pressure to answer questions about his government’s integrity.

The Premier is now involved in at least four known corruption probes.

In one case, a secret judgment was handed down on Thursday – but has been sealed for several weeks – regarding an injunction sought by developer John Woodman to stop IBAC tabling a report on allegedly corrupt Casey land deals.

Independent Broad-Based Anti-Corruption Commission is being blocked from releasing a report into a major corruption probe into Andrews government dealings.
Independent Broad-Based Anti-Corruption Commission is being blocked from releasing a report into a major corruption probe into Andrews government dealings.

In the other case, documents reveal the court challenge concerns the extent of IBAC’s powers to investigate conduct occurring in the drawing up of enterprise-bargaining agreements.

That investigation is looking into the conduct of, and conduct in relation to, various members of the Victorian government and the executive.

The plaintiffs, who cannot be named for legal reasons, claim IBAC’s powers “are inconsistent” with the EBA scheme contained in the Fair Work Act, and are invalid.

If IBAC loses, it could be forced to scrap the release of the investigation, which it has spent almost four years on.

However, court orders restrict what can be reported in relation to the investigation or legal challenge.

The court has already ruled in favour of IBAC, finding no inconsistency between the enterprise-agreement scheme in the Fair Work Act and the IBAC Act.

“Protecting the state from corruption of its public bodies and public officers is an essential task of the state and it is entitled to use the means it thinks appropriate,” the court said.

“Bodies similar to the IBAC are widely, although not universally, deployed by governments to rid themselves of corruption. The integrity of officers of the state, particularly those at a senior level, who it might be thought would be involved in advising the government about enterprise agreements, is essential to the functioning of the state.

Daniel Andrews comes under increasing pressure to answer questions about his government’s integrity. Picture: Luis Enrique Ascui
Daniel Andrews comes under increasing pressure to answer questions about his government’s integrity. Picture: Luis Enrique Ascui

“The making of enterprise agreements involving (redacted) is an aspect ‘of a State’s functions which are critical to its capacity to function as a government’. The acceptance of the plaintiffs’ submissions would, in a significant manner, curtail or interfere with the exercise of the state’s constitutional power.”

The court found that the ­effect of the plaintiffs’ submissions would be “to impair the capacity of the State of Victoria to function as a government that is capable of keeping its executive accountable and free of, and protected from, corrupt conduct”.

In the Woodman probe, a secret judgment was handed down on Thursday in the Supreme Court, but it is expected to remain sealed for weeks following closed court hearings.

Mr Woodman sought an injunction to stop IBAC from tabling a report in state parliament over Casey land deals.

It is understood redactions must be made to the document before it may become public.

Mr Woodman’s court ­action delayed IBAC’s report into allegedly corrupt land deals, dubbed Operation Sandon, from being made public.

Mr Andrews was among those quizzed in the probe.

With the polls set to open on Monday, Mr Andrews is facing increasing pressure over several integrity issues, also including government grants provided to the Health Workers’ Union on the eve of the 2018 election, as revealed by the Herald Sun.

The funding was signed off on October 30, before the election began and just a week after a training program grant was first announced.

It formed part of a multimillion-dollar package for the training of hospital staff announced a week before the government went into caretaker mode.

On the HWU probe, Mr Andrews said: “Regardless of any smear, innuendo or media reporting based on anonymous sources, the only IBAC matters I will comment on are those that are the subject of a final report – as is appropriate and has always been my practice.”

Original URL: https://www.heraldsun.com.au/news/victoria/ibac-blocked-from-releasing-report-on-major-corruption-probe-involving-the-andrews-government/news-story/c9233175960200588cc7a85fb4610890