The Victorian government says it intends to introduce legislation widening the legal definition of corruption before the state enters caretaker mode ahead of November’s election. The change would expand the jurisdiction of the state’s anti-corruption watchdog, the Independent Broad-based Anti-corruption Commission (IBAC), potentially allowing it to make adverse findings in cases that currently fall outside its remit.
What has actually been announced #
Victorian Premier Ben Carroll said this week it was his intention to bring the legislation before parliament before the government enters caretaker mode, the point at which major policy decisions are typically paused ahead of an election. The government has not yet released draft legislation, and the precise wording of any new definition has not been made public. VCN understands the detail of the bill is still being finalised within government.
At this stage, the announcement is a statement of policy intent rather than a settled legal text, and the scope of any change will ultimately depend on what is actually tabled in parliament.
Why the definition matters #
IBAC’s powers are tightly bound by statute. Under the current law, the commission can only investigate and make findings about conduct that meets a specific legal definition of “corrupt conduct” — broadly, conduct that involves a breach of public trust, misuse of information, or conduct that would constitute specified criminal offences if proven. Conduct that critics might describe in everyday terms as improper, or a serious conflict of interest, does not automatically meet that legal threshold.
That gap has been a longstanding point of criticism from integrity experts, who argue it allows some conduct by public officials to escape scrutiny even where it raises serious questions about the use of public office. A former IBAC commissioner has said publicly that an expanded definition could have allowed the commission to examine conduct by senior government figures that could not be pursued under the current framework — though our newsroom has not independently verified which specific past matters that comment was intended to reference, and no findings against any individual have been made on that basis.
How IBAC’s powers currently work #
IBAC was established under the Independent Broad-based Anti-corruption Commission Act 2011 (Vic) to investigate serious corrupt conduct across Victoria’s public sector, including in local government, state government departments, and the parliament itself. It can hold public and private hearings, compel witnesses to give evidence, and refer matters to the Director of Public Prosecutions where it considers criminal conduct may have occurred.
However, IBAC does not itself have the power to lay charges or determine criminal guilt — that remains a matter for the courts. Its findings are administrative in nature, and a person named in an IBAC report has not been convicted of any offence unless that matter has separately gone through the criminal justice system. Any expansion of the definition of corrupt conduct would change what IBAC is legally permitted to examine and report on, but would not itself create new criminal offences or hand IBAC prosecutorial power.
The politics of timing #
The timing of the announcement, just months out from the November election, is likely to draw scrutiny in itself. Governments moving to change integrity settings shortly before entering caretaker mode often face questions about whether the change is being driven by genuine reform or by political calculation, particularly where opposition parties or crossbenchers have been pushing for similar changes for some time.
Victoria Police is not a party to this legislative process, and this is a policy and parliamentary matter rather than a criminal investigation. No individual has been named as the subject of any current IBAC probe in connection with this announcement, and none of the reporting around the proposed change suggests otherwise.
What integrity advocates are saying #
Integrity bodies and former IBAC officials have previously called for Victoria’s corruption definition to be brought into line with other states, some of which apply a broader test that does not require conduct to meet a specific criminal threshold before it can be examined. Advocates for reform argue that a narrower definition can mean that conduct causing genuine public concern is never formally investigated, simply because it does not fit within the existing legal categories.
Others caution that widening the definition too far risks drawing IBAC into matters that are more appropriately dealt with as ordinary maladministration, workplace, or governance issues, rather than corruption in the more serious sense the commission was originally established to pursue. Where that balance is struck in the final legislation will determine how significant this change turns out to be in practice.
What happens next #
For the change to take effect, legislation will need to be drafted, introduced to parliament, debated, and passed by both houses before the government enters caretaker mode ahead of the November poll. That is a compressed timeframe for a bill of this significance, and it remains possible the process extends beyond that window or is revisited by whichever government is elected.
VCN will continue to follow the progress of the bill through parliament and will report on its content once it is formally introduced. We will also examine how any expanded definition might apply to matters IBAC has previously been unable to pursue, where that can be reported consistently with existing legal findings and without imputing guilt to any individual.
- No draft legislation has yet been made public
- IBAC’s current powers are set out in the Independent Broad-based Anti-corruption Commission Act 2011 (Vic)
- Any expanded definition would change what IBAC can investigate, not create new criminal offences
- The government intends to introduce the bill before entering caretaker mode ahead of the November election
This is a developing policy matter. VCN has not identified any individual as the subject of a current corruption investigation in connection with this report, and no such findings have been made public. Readers with information relevant to matters of public integrity in Victoria can contact Crime Stoppers on 1800 333 000.
