Media Releases

The Victorian Ombudsman’s report A section 25(2) report concerning the constitutional validity of aspects of Victoria’s new integrity legislation tabled in Parliament today cites legal advice the Ombudsman has obtained which calls into question the constitutional validity of the Integrity Accountability Legislation Amendment Act 2012 (Vic).  

The report raises the possibility that if this legal advice was accepted, certain provisions in other Victorian integrity legislation could be undermined.  
 
If this was the case, the report surmises the ability of IBAC officers to lawfully undertake certain actions, such as carry or use firearms, or conduct controlled operations could be called into question.
 
Some media reports have incorrectly suggested IBAC is currently breaking the law. This is not correct. 
 
IBAC will continue to work on the basis that the integrity legislation is constitutionally valid and that the exercise of our statutory powers and functions is lawful, as advised by the Solicitor General and noted in the Ombudsman’s report. 

The Independent Broad-based Anti-corruption Commission Act 2011 (Vic) separately gives IBAC and IBAC officers immunity for all actions done in good faith.