Ombudsman Deborah Glass hits back at Daniel Andrews over IBAC report

Victoria’s Ombudsman has blasted Daniel Andrews’ audacious response to findings of an anti-corruption investigation.

Victoria’s Ombudsman Deborah Glass. Picture: David Caird

Victorian Ombudsman Deborah Glass says Daniel Andrews’ audacious response to last week’s damning IBAC report “says a lot about the Premier’s views on corruption and integrity”.

Mr Andrews dismissed the anti-corruption investigation, which found ‘‘evidence of misconduct and improper influence’’ among his senior staff, ministers and ­public servants as an “educational report” that “made no findings against anyone”.

Asked on Wednesday to respond to the Premier’s comments, Ms Glass told radio host Neil Mitchell: “It was not an educational report. It was a damning report, about misconduct of ministerial advisers and ministerial responsibility for those advisers.”

The Ombudsman said her office had spent six months investigating the allegations that formed the basis for IBAC’s Operation Daintree, before handing the probe back to the corruption watchdog.

“What became clear to us is that there was a suspicion of corrupt conduct on the part of, in this case, the Premier and two former ministers for health,” Ms Glass said.

“If we have a suspicion of corrupt conduct, when we’re investigating something, we send it back to IBAC. We’re required to. That’s what the law requires, and IBAC can then take it on.”

Victorian Premier Daniel Andrews. Picture: NCA NewsWire / David Crosling

Ms Glass said Operation Daintree had highlighted issues previously raised by her joint investigation with IBAC last year, entitled Operation Watts, which examined allegations of branch stacking and misuse of electorate officers and staff by Victorian Labor MPs.

“There is this vast area, (former IBAC Commissioner) Robert Redlich has described it as ‘grey corruption’, that doesn‘t meet this very high threshold of corruption that constitutes a criminal offence in Victoria,” Ms Glass said.

“What you and I, and what I suspect the vast majority of your listeners think of as corruption actually doesn’t meet the legal test, but it’s wrong, and it’s unethical conduct, and at the moment, and this is why we made the major recommendations we did last year, there’s no sanctions for it.

“You can make all of these findings about unethical behaviour, breaches of codes that are not actually corruption, and at present, the chances are nothing is going to happen.

“One of the comments we made jointly last year was Victoria is now a laggard rather than a leader in parliamentary integrity, and I think people, rightly, are concerned about that.

“We have fallen behind in not having enforceable standards, transparent, accountable, enforceable standards for people in public life, when it falls short of that high threshold for criminal conduct.”

Ms Glass said she hoped the Andrews government would make good on its promise, in response to Operation Watts, to implement a parliamentary ethics committee which is not government-controlled, and would be responsible for setting and administering codes of practice, and a parliamentary integrity commissioner with the power to investigate breaches of codes and ethical standards.

Asked to respond to the Ombudsman’s comments, Attorney-General Jaclyn Symes said Mr Andrews had been “very clear” that cabinet would consider Operation Daintree’s findings and “make decisions and announcements” in response “in due course”.

“This isn’t a report that is being ignored. I watched the press conference. He thanked IBAC for their important work, and we’ll give due consideration to that as a cabinet, and that’s appropriate,” Ms Symes said.

Asked to respond to calls from integrity experts to strengthen the definition of corruption which applies under IBAC legislation, Ms Symes said there was “a range of views in relation to the definition”.

“If you look at the federal (anti-corruption commission) model, that is the most recent piece of legislation, you’ll see that they looked to Victoria as a model that they thought was appropriate,” the Attorney-General said.

Opposition legal affairs spokesman Michael O’Brien said Ms Glass’s comments showed Victoria’s integrity officers were “lining up to point out corruption” in the Andrews government.

“Victoria can’t have a government with a premier prepared to turn a blind eye to corruption that’s happening under his nose and in his own office, and in his ministers’ offices. Victoria needs to be cleaned up. That starts with cleaning out this Premier,” Mr O’Brien said.

“It’s not appropriate for this Premier to be dismissing the absolutely damning findings of the IBAC report and Operation Daintree.

“The government still hasn’t committed to implementing any, let alone all, of the 17 recommendations coming out of Operation Daintree. The government needs to act quickly on this. One day of corruption is one day too many.

“We know that corruption is occurring in this government, and it’s now up to Daniel Andrews to act and act quickly. Stop attacking IBAC. Stop attacking the Ombudsman. Stop attacking the Parliamentary Budget Officer. Listen to what they’re saying. Call out the corruption that’s happening in your own government, Premier, and start cleaning up Victorian politics.”