Special report on Operation Clara
- Recommendations
- 4
- Report length
- 60 pages
Summary
The report's own summary: Summary of the investigation and outcomes, pages 7 to 20
Generated summary: written by an AI model from the report text and checked against the cited pages.
IBAC’s Operation Clara investigated whether a Victorian Planning Authority director misused his position or improperly influenced officials involved in the East Werribee project.
Operation_Clara_Special_Report_-_February_2023_DFgdn7w9, page 7
It examined the director’s lobbying for the Australian Education City consortium, conflicts of interest and attempts to obtain financial benefits.
Operation_Clara_Special_Report_-_February_2023_DFgdn7w9, page 8 · Operation_Clara_Special_Report_-_February_2023_DFgdn7w9, page 17 · Operation_Clara_Special_Report_-_February_2023_DFgdn7w9, page 18
IBAC found that the director lobbied officials without declaring relevant conflicts or registering the consortium as a client, and sought to use his board role to advance private interests.
Operation_Clara_Special_Report_-_February_2023_DFgdn7w9, page 8 · Operation_Clara_Special_Report_-_February_2023_DFgdn7w9, page 17
It made four recommendations covering board appointments, lobbying restrictions, directors’ conduct rules and the time limit for commencing certain planning authority prosecutions.
Operation_Clara_Special_Report_-_February_2023_DFgdn7w9, page 31
In the body's own words
- Finding
IBAC’s investigation found that Mr Theophanous sought to use his public position on the board of the VPA to favour AEC and further his other business interests as a registered lobbyist.
Operation_Clara_Special_Report_-_February_2023_DFgdn7w9, page 17
- Finding
IBAC’s investigation did not identify any direct financial payments from AEC to Mr Theophanous.
Operation_Clara_Special_Report_-_February_2023_DFgdn7w9, page 19
Findings, opinions and statements
Allegations are not findings. A commission's finding or opinion of corrupt conduct or misconduct is not a finding that a person is guilty of a criminal offence, and the commissions say so in their reports.
No findings are reproduced in this record. This does not establish that the report contains none.
Recommendations 4
Recommendation 1
IBAC recommends that the Department of Premier and Cabinet amend the Appointment and Remuneration Guidelines to specify: a. a lobbyist (as defined in the Lobbyist Code of Conduct) is ineligible for appointment to a public entity board that has functions which relate to any matter, on which the lobbyist has represented the interests of third parties in a specified period (with reference to the NSW provisions) b. the declaration of private interests template require that the declarant indicate if they are on the lobbyists register and, if so, provide details of the clients and industries in which they have operated in the 12 months prior to nomination.
Recommendation 2
IBAC recommends that the Department of Premier and Cabinet revise the Lobbyist Code of Conduct to: a. prohibit public entity board directors from engaging in lobbying activities on any matter that relates to the functions of the public entity b. require that public entity board directors comply with integrity requirements, including conflict of interest provisions in relation to representations they have made prior to their appointment (with reference to the ACT provisions).
Recommendation 3
IBAC recommends that the Victorian Public Sector Commission revise the Code of Conduct for Directors to: a. prohibit public entity board directors from engaging in lobbying activities on any matter that relates to the functions of the public entity b. require that public entity board directors comply with integrity requirements, including conflict of interest provisions in relation to representations they have made prior to their appointment (with reference to the ACT provisions).
Recommendation 4
IBAC recommends that the Minister for Planning amend the VPA Act to specify that proceedings for a summary offence may be commenced within the period of three years after the alleged offence.
Published responses
Responses to this report have not been checked.
Notes on this record
- Tabled: Legislative Assembly 2023-02-22; Legislative Council 2023-02-22.
- Authority: Independent Broad-based Anti-corruption Commission Act 2011.
Coverage
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