The Victorian government’s new integrity laws are not perfect. But they are vital for restoring good governance in the state

The Victorian government has enacted new legislation to expand the jurisdiction of its anti-corruption commission, the Independent Broad-Based Anti-Corruption Commission (IBAC). This move follows the establishment of a royal commission to investigate allegations of corruption in the construction sector. While these reforms are not flawless, they are crucial for addressing Victoria's governance issues.

Although the legislation has some limitations, such as restricting IBAC's ability to investigate past conduct and limiting public hearings, they are vital for restoring good governance in the state.

The reforms come at a time when Victoria is grappling with a governance crisis. The crisis is fueled by a culture of top-down governance, where officials prioritize rapid decision-making over adhering to established Westminster conventions. Premier Ben Carroll has vowed to tackle this issue, describing integrity as "non-negotiable" and calling for a royal commission to investigate corruption and government waste in the construction sector. The government has also introduced legislation to expand IBAC's jurisdiction.

Despite these efforts, both the royal commission and IBAC must focus on more than just punishing wrongdoing. They must also work to re-establish key conventions that underpin our parliamentary democracy. First, they must ensure that premiers and powerful ministers do not disregard the convention of ministerial responsibility to parliament.

This convention is crucial for allowing parliament and the public to hold officials accountable. Second, they must ensure that public servants uphold their responsibility to provide frank and fearless advice, which is essential for maintaining good governance and ensuring policies are implemented efficiently and in the public interest.

To effectively address these issues, the royal commission must use its broad powers to uncover criminal wrongdoing in the construction sector, as well as examine the role of premiers, powerful ministers, and high-ranking public servants in overseeing public spending on major infrastructure projects. This will help uncover any instances where these officials may have disregarded their responsibilities, contributing to corruption and a lack of accountability in Victorian construction projects.

The royal commission can learn from the Robodebt Royal Commission, which highlighted the consequences of leaders failing to follow ministerial responsibility.

IBAC, on the other hand, now has expanded powers to label actions by high-ranking public officials that violate their codes of conduct as "corrupt." The commission must use these powers to hold officials accountable for their conduct, such as the case where the Victorian premier, Daniel Andrews, allegedly tasked his special minister with negotiating a secret deal on employment agreements for firefighters.

By labeling such conduct as corrupt, IBAC can help prevent a culture of disregard for rules and constitutional democracy in Victorian governance.