Fresh snag in Andrews-era Victorian corruption probe
IBAC admits marathon secret corruption probe into dealings between the Andrews government and firefighters’ union hit by new delays.
A marathon anti-corruption investigation into dealings between the Andrews government and the firefighters’ union has been hit by fresh delays, meaning the inquiry is likely to stretch into a sixth year.
Victoria’s Independent Broad-based Anti-corruption Commission wrote to Operation Richmond witnesses this month warning them the inquiry had struck another legal hurdle and conceding the fresh delay “can further feelings of frustration” with the process.
Operation Richmond, running since 2019, is a top-secret probe into the 2016 pay-and-conditions negotiations between Labor and the United Firefighters Union.
“From the outset, IBAC acknowledges that the length and complexity of this investigation is stressful for those involved,” the letter, signed by deputy commissioner David Wolf, states.
“While work continues to finalise the draft special report, I am writing to advise you that IBAC is not yet in a position to commence the natural justice process for Operation Richmond.
“We understand that this delay can further feelings of frustration with the process, and we assure you that Operation Richmond continues to receive significant attention and effort from IBAC, as it will until its conclusion.”
Some Operation Richmond witnesses, during their secret questioning by the agency, were grilled about the role of then premier Daniel Andrews in the enterprise bargaining agreement talks with UFU state secretary Peter Marshall.
The Australian believes Mr Andrews was secretly examined as part of Operation Richmond, but both the former premier and agency repeatedly refuse to confirm or deny he was privately questioned.
Sources familiar with the inquiry say multiple witnesses were questioned about Mr Andrews’ conduct in the negotiations with Mr Marshall, which delivered the union generous terms and operational control over the Country Fire Authority.
IBAC launched Operation Richmond in mid-2019 and sources familiar with it say one reason for the length of the probe was a flurry of witness legal action.
Asked by The Australian on Monday about the new delay, the integrity watchdog indicated legal action was, in part, responsible.
“IBAC aims to publish its special reports in a timely manner,” a spokesperson said.
“If IBAC intends to include in a special report a comment or an opinion (adverse or not) about any person, IBAC must first provide the person a reasonable opportunity to respond.
“The time that people have to respond to a report depends on a number of factors and will often vary. IBAC acknowledges the impact these delays may have on the people involved. IBAC also recognises the importance of people and organisations being able to bring proceedings to protect their rights. IBAC is working towards finalising the special report on Operation Richmond.”
Operation Richmond is the fourth IBAC inquiry to involve the former premier, who was examined in private in operations Watts (branch stacking), Sandon (allegedly corrupt land deals) and Daintree (government grants to unions).
IBAC’s letter to Operation Richmond witnesses this month revealed a recent High Court decision was, in part, responsible for the fresh delay to what the agency calls its “natural justice” process, when witnesses are offered the chance to respond to draft report findings and recommendations.
The 2016 EBA negotiations between the Andrews government and the UFU erupted into a major scandal after it emerged Mr Andrews sidelined his emergency services minister, Jane Garrett, to lead the talks, including personally meeting with Mr Marshall.
Despite opposition within his own government to the generous workplace deal, Mr Andrews pushed it through, prompting the resignation of Ms Garrett amid speculation it was payback for union support during the 2014 state election, when Labor regained power.
While Operation Richmond has hit fresh hurdles, IBAC’s second investigation into the fire services has reached a milestone. The highly confidential inquiry into alleged hacking of emails and leaking of sensitive information from within the Metropolitan Fire Brigade has reached a critical stage.
The agency has sent witnesses a report draft copy seeking their response to its proposed findings, The Australian reported last week.