Our accountability

We are independent and accountable to the people of Victoria.

We are subject to scrutiny by various federal and state bodies, including:

Commonwealth

Commonwealth Ombudsman

Inspects IBAC's use of stored communications warrants

Attorney-General

Receives reports on IBAC's telecommunications interception and stored communications warrants

Victoria

Supreme Court Magistrates' Court

Receive reports on IBAC surveillance device warrants

Public Interest Monitor

Reviews our applications for surveillance device and telecommunications interception warrants

Attorney-General

Receives reports on:

  • telecommunications interception warrants
  • surveillance device warrants
  • assumed identities

Special Minister of State

Receives reports on telecommunications interceptions warrants

Parliamentary Committee

Monitors and reviews our performance and functions

Examines reports published by IBAC

Victorian Inspectorate

Monitors our compliance with the IBAC Act and other laws

Oversees our performance under the Protected Disclosure Act

Receives and investigates complaints about IBAC

Reports about our activities are publicly available

Our annual reports outline our performance against our key priorities and actions. We also publish public reports on:

  • outcomes of investigations
  • system reviews
  • corruption prevention initiatives.

Download our public reports.


Legislation we work under

The Independent Broad-based Anti-corruption Commission Act 2011 outlines our functions, powers and how we work with other public sector integrity organisations.

The Protected Disclosure Act 2012 describes our central role in deciding which complaints are treated as protected disclosures.

The Charter of Human Rights and Responsibilities Act 2006 (the Charter) outlines the rights, freedoms and responsibilities of all people in Victoria. There are 20 rights contained in the Charter

IBAC has two main obligations in relation to the Charter:

  1. Under the Charter Act (section 38), as a Victorian public authority IBAC must act compatibly with the Charter rights and give proper consideration to those rights when making decisions. In some circumstances, IBAC may lawfully act in a way that limits an individual’s rights.
  2. Under the IBAC Act (section 15), IBAC is required to ensure that Victoria Police officers and protective services officers have regard to the human rights set out in the Charter.

In relation to ensuring Victoria Police officers and protective services officers have regard to human rights, IBAC:

  • assesses allegations received for potential breaches of the Charter
  • considers whether police officers and protective services officers have had sufficient regard to the Charter rights where relevant, when conducting investigations, reviews of Victoria Police investigations, and audits of complaints handled by Victoria Police.

View the complete list of Acts and regulatory compliance we work under.

Legislation that ensures our accountability

The Commissioner has been provided with powers and functions to undertake the roles given to IBAC by Parliament. These powers and functions are contained in the following legislation.

Act Independent Broad-based Anti-corruption Commission Act 2011
Responsible Minister Attorney-General
Purpose Establishes IBAC's functions and powers.
Act Victoria Police Act 2013
Responsible Minister Police and Emergency Services
Purpose Provides for the governance and regulation of Victoria Police.
Act Charter of Human Rights and Responsibilities Act 2006
Responsible Minister Attorney-General
Purpose Requires IBAC and IBAC staff to act compatibly with human rights, and to consider human rights when developing policies and making decisions.
Act Confiscation Act 1997
Responsible Minister Attorney-General
Purpose Provides for the confiscation and preservation of assets of accused and proceeds of crime.
Act Crimes (Assumed Identities) Act 2004
Responsible Minister Attorney-General
Purpose Allows IBAC to obtain and use assumed identities.
Act Crimes (Controlled Operations) Act 2004
Responsible Minister Attorney-General
Purpose Enables IBAC to conduct controlled operations.
Act Protected Disclosure Act 2012
Responsible Minister Attorney-General
Purpose Allows IBAC to receive and investigate protected disclosure complaints.
Act Surveillance Devices Act 1999
Responsible Minister Attorney-General
Purpose Allows IBAC to use surveillance devices under warrant.
Act Telecommunications (Interception and Access) Act 1979 (Cth)
Responsible Minister Attorney-General (Cth)
Purpose Allows IBAC to intercept telecommunications and stored communications under warrant.
Act Telecommunications (Interception) (State Provisions) Act 1988
Responsible Minister Attorney-General
Purpose Enables IBAC to intercept telecommunications in accordance with the Telecommunications (Interception and Access) Act 1979 (Cth).

Procurement

Policies

The Victorian Government Purchasing Board's procurement framework is supported by five policies. They are:

Governance

Governance structure embeds procurement across the organisation and ensures alignment with business planning. It encompasses greater focus on upfront strategic planning and transparency to provide consistency of market approach and better value-for-money procurement decisions.

Complexity and capability assessment

Procurement decisions based on an assessment of complexity and the capability of IBAC to conduct the procurement. Procurement can only proceed when IBAC determines it has the necessary capability to meet the complexity of the procurement activity.

Market analysis and review

Market analysis determines the capacity of the market to supply and the opportunities for market-based solutions. A review of requirements and processes in response to market analysis determines the most appropriate path to market.

Market approach

IBAC must continuously be applying a structured, measured approach to informing, evaluating and negotiating with suppliers.

Contract management and contract disclosure

Contract management is escalated to a high-level consideration early in the planning process to arrive at an integrated end-to-end procurement framework.

Directives

All procurement activity must meet the following directives:

Value for money

This means making a balanced judgement of a range of financial and non-financial factors, taking into account the mix of quality, cost and resources; fitness for purpose; total cost of ownership; and risk.

Accountability

The Accountable Officer has the flexibility to conduct procurement activities using appropriate capability to provide value-for-money outcomes.

Probity

High standards of behaviour and actions in the conduct of procurement processes, including equity, confidentiality, avoiding conflicts of interest, and consumer/supplier confidence in the integrity of government procurement processes.

Scalability

The relationship between the complexity of a procurement project and the capability of the organisation to conduct it to achieve a good procurement outcome.

Annual procurement plan

This summary forecast of IBAC procurement activity is published in accordance with the Victorian Government Purchasing Board's Governance Policy.

Disclaimer: The IBAC Annual Procurement Plan 2019/20 is current as at September 2019. All planned procurements are subject to revision or cancellation. The information in the plan is provided for planning purposes only, it does not represent a solicitation or constitute a request for proposal, nor is it a commitment by IBAC to purchase the described goods or services. Requests for Tender will be advertised on the Victorian government tenders website at www.tenders.vic.gov.au.

Supplier Code of Conduct

IBAC is committed to ethical, sustainable and socially responsible procurement. In ensuring that our suppliers maintain the same values as the Government, the State has established a Supplier Code of Conduct (the Code).

The Code outlines the minimum ethical standards in behaviour that suppliers will aspire to meet when conducting business with, or on behalf of, the State in the areas of: 

  • integrity, ethics and conduct
  • conflict of interest, gifts, benefits and hospitality
  • corporate governance
  • labour and human rights
  • health and safety; and
  • environmental management.

Visit the Victorian Government Purchasing Board website to view the code, or to access the supplier fact sheet or frequently asked questions documentation.

How to make a procurement complaint

IBAC is committed to ensuring its procurement activities comply with the Victorian Government Purchasing Board (VGPB) policies and procedures, and are underpinned by high levels of probity, accountability and integrity.

To find out more about the VGPB policies, visit Victorian Government Purchasing Board.

To report a concern or complaint about an IBAC process or probity matter relating to a procurement activity, contact the IBAC team or staff member you are dealing with. Most issues are the result of misunderstanding or process error and can be rectified quickly and easily. If the issue is not resolved, you can make a formal complaint to IBAC. Complaints are handled in a fair, consistent and transparent manner. The following process is followed:

Step 1: Making a procurement related complaint
If you have a complaint or concern relating to a procurement or probity activity carried out by IBAC, email the Chief Procurement Officer via procurement@ibac.vic.gov.au and provide the following information:

  • a concise written statement clearly setting out the basis of your complaint
  • specific details for the complaint including an explanation of how the complaint may impact the person or organisation making the complaint
  • any relevant background information including prior actions or correspondence involving IBAC in relation to the issue
  • copies of all relevant documentary evidence supporting the complaint.

Step 2: Complaint investigation process
Within five working days of receipt of your complaint:

  • You will receive a written acknowledgement of your complaint.
  • If further information is required to address your concern, you will be given a minimum of 10 working days to provide the required documentation, unless the matter is urgent.
  • As soon as all the information is collected, IBAC will work to reach a resolution within 20 working days of receiving your last correspondence.
  • IBAC will provide you with a written response (an outcome letter) advising you of the outcome of the complaint and any follow on action.

If additional information is required, or the services of external parties are required to advise on elements of the complaint, there will be an extension of time. This will be based on the number of working days between the request for, and receipt of additional information and/or advice sought.

Step 3: Complaint outcome
If you disagree with the proposed resolution provided in the outcome letter, you may refer your complaint to the Victorian Government Purchasing Board (VGPB) for investigation.

Complaints submitted to the VGPB must be lodged by letter or email within 10 working days of the receipt of the findings by IBAC to the following address:

Victorian Government Purchasing Board
Department of Treasury and Finance
GPO Box 4379
Melbourne 3001
Email: vgpb@dtf.vic.gov.au

General conditions