Can Victorian Premier Jacinta Allan be compelled to appear before Independent Broad-based Anti-corruption Commission?

Explosive allegations of “corruption and misconduct” have been filed against Jacinta Allan at IBAC by a former top cop. So just what powers does the corruption watchdog have over the state’s most powerful politician.

The state’s corruption watchdog could compel Premier Jacinta Allan to give evidence at a public examination as part of a probe into the axing of two senior police officers.

Independent Broad-based Anti-corruption Commission officers also have the power to issue a search warrant of the premier’s office and home, where she would be required to hand over phone records and documents.

The Herald Sun has looked at the IBAC investigation process after revealing ousted deputy commissioner Neil Paterson had filed an explosive complaint with the commission.

Mr Paterson, who was sacked just days after the state’s top cop Shane Patton was axed last month, accused the Allan government of “corruption and misconduct in public office”.

He said he and Mr Patton were victims of an “unlawful” conspiracy.

Jacinta Allan has been accused of “corruption and misconduct” by a former top cop. Picture: Jason Edwards

Ousted deputy commissioner Neil Paterson has filed an explosive complaint to IBAC. Picture: Ian Currie

The experienced officer called for an investigation into whether the Allan government approached Rick Nugent to take over the police chief commissioner role before moving to ditch Mr Patton.

Both Ms Allan and Mr Nugent have denied the claims.

IBAC must now look into his complaint, and if it “reasonably suspects” corrupt conduct has occurred from its preliminary inquiries, then an official investigation will follow.

As part of its initial inquiries, it can request further information from a public body, and issue a witness summons requiring a person to produce documents and other things.

But IBAC does not have the power to hold examinations, execute search warrants or use surveillance devices until an investigation has been declared.

If it goes ahead, Ms Allan would not be the first premier to be forced to give evidence at an IBAC inquiry.

What is IBAC?

IBAC is Victoria’s independent anti-corruption and police oversight agency, established in 2012.

It has the power to identify, investigate, expose and prevent public sector corruption and police misconduct.

Who does IBAC investigate?

IBAC investigates complaints made against the state government, including members of parliament, electorate officers and ministerial advisers.

Police officers and other staff, as well as judges, magistrates and members of other judicial bodies in the state’s courts and tribunals can also be probed.

They also have the power to look into corruption and misconduct at public hospitals and health care services, state primary and secondary schools and councils.

Does it have the power to call a Premier to give evidence?

Yes, IBAC can issue anyone with a summons, compelling them to provide documents or things to the watchdog investigators or to attend an IBAC hearing to answer questions.

Witnesses or people of interest may be subjected to search warrants allowing IBAC officers to enter and search an area, and seize any items of interest.

Has a Premier ever appeared at IBAC before?

Yes. Former premier Daniel Andrews was forced to front IBAC at least four times over various corruption probes while he was in the top job.

In 2022, Mr Andrews was grilled in private as part of Operation Watts, which uncovered evidence of branch-stacking within the ALP and the misuse of publicly funded staff across Labor factions.

Dan Andrews was forced to front IBAC at least four times. Picture: Andrew Henshaw

He was also understood to have been questioned as part of top-secret probe, Operation Richmond, which investigated dealings between the powerful United Firefighters Union and its state secretary Peter Marshall, and the state government over pay deals. However, his appearance before IBAC was not publicly confirmed.

The former long-time Labor leader was also secretly questioned as part of Operation Sandon, which found developer John Woodman had paid hundreds of thousands of dollars to Casey Councillors in exchange for support of his projects.

Mr Andrews was also understood to have been investigated as part of Operation Daintree, which uncovered breaches of duties and obligations of ministers, ministerial advisers and senior public servants over a contract awarded to the Health Workers Union ahead of the 2018 election.

What other powers do IBAC have?

As part of investigations, IBAC officers have the power to use surveillance devices and intercept telecommunications.

They can also apply for a warrant to arrest persons who fail to comply with a witness summons, or prevent a person from leaving Australia to avoid an IBAC examination.

The watchdog can also bring criminal charges against a person or body as a result of an investigation or refer matters to the Office of Public Prosecutions.

How long does an investigation take?

The time an investigation takes can vary.

According to IBAC’s website: “Some investigations take a long time, particularly complex investigations.”

How do you report corruption or misconduct?

Anyone can make a complaint to IBAC by either filling out an online form at www.ibac.vic.gov.au/about-us or contact 1300 735 135.

Reports can be made anonymously, and must detail the alleged conduct, including who was involved, what happened, where and when, and any supporting documentation.

Originally published as Can Victorian Premier Jacinta Allan be compelled to appear before Independent Broad-based Anti-corruption Commission?