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Special report on Operation Daintree

Special report · Independent Broad-based Anti-corruption Commission (IBAC) · Victoria · Published

Recommendations
17
Published responses
2
Report length
132 pages

Official source

Special report on Operation Daintree

PDF · 132 pages · 805 KB · parliament.vic.gov.au

Summary

The report's own summary: Summary of the investigation and outcomes, pages 6 to 15

Generated summary: written by an AI model from the report text and checked against the cited pages.

In the body's own words

  1. Finding

    The investigation found that a senior advisor to the Health Minister improperly intruded into the process of DHHS awarding the contract to the HEF.

    Special_report_-_Operation_Daintree_-_April_2023_60msbHkw, page 8

  2. Conclusion

    Operation Daintree did not find sufficient evidence to establish that any person had committed corrupt conduct within the meaning of the IBAC Act - noting that this would include a requirement to be satisfied that a relevant offence had been committed.

    Special_report_-_Operation_Daintree_-_April_2023_60msbHkw, page 82

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 17

  1. Recommendation 1

    That the Victorian Government ensures that lobbying activities by employee and employer associations are included in any reforms arising from IBAC’s Special report on corruption risks associated with donations and lobbying.

    Special report on Operation Daintree (tabled PDF), page 11

  2. Recommendation 2

    That the Victorian Parliament requests the Parliamentary Ethics Committee (to be established as a result of the Operation Watts report) to prepare guidance about the current scope of the convention on ministerial accountability and its application to Victorian Government ministers.

    Special report on Operation Daintree (tabled PDF), page 11

  3. Recommendation 3

    That the Premier ensures that: (a) the Ministerial Code of Conduct is amended to be consistent with any guidance issued by the Parliamentary Ethics Committee in implementing Recommendation 2 (b) the Ministerial Code of Conduct is amended to require all ministers to: - observe the relevant protocols and conventions in providing instructions to, and communicating with, departments - ensure that their offices have effective arrangements for the supervision and accountability of staff, escalation of issues and clear lines of communication - ensure that their staff observe the relevant protocols and conventions in communicating with departments - complete a mandatory induction program - undertake mandatory refresher training on the Ministerial Code of Conduct - be fully aware of their obligations under the Ministerial Code of Conduct and their staff’s obligations under the Ministerial Staff Code of Conduct - ensure the scope of all advisors’ authority is clearly defined, and the manner in which they may discharge their functions is consistent with the Ministerial Staff Code of Conduct and the protocols about interactions with public servants.

    Special report on Operation Daintree (tabled PDF), page 11

  4. Recommendation 4

    That, in line with other Australian jurisdictions, the Victorian Government develops and introduces legislation to clarify and formalise the employment arrangements for ministerial staff, in order to strengthen transparency and accountability. Options to consider include: (a) clarifying employment responsibilities, such as: - designating the minister to whom the staff are assigned to be their employer, or alternatively, vesting employer responsibilities in the minister to whom staff are assigned, once they have been employed by the Premier - providing for the accountability and supervisory arrangements for ministerial staff (b) articulating the values and employment principles that apply to ministerial staff (c) providing for the making of codes of conduct by the Premier to be observed by staff in performing their functions, including: - providing that a breach of the Ministerial Staff Code of Conduct may constitute misconduct - requiring the Ministerial Staff Code of Conduct to be published and reviewed at regular intervals (d) articulating the principles for ministerial staff to follow when dealing with portfolio departments and agencies, including a specific prohibition on directing public sector employees.

    Special report on Operation Daintree (tabled PDF), page 12

  5. Recommendation 5

    That the government introduces legislation to require the Secretary to the Department of Premier and Cabinet (DPC) or the Victorian Public Sector Commission (VPSC) to include information in their annual report about the number of ministerial advisors and other staff who were employed in each ministerial office as of 30 June each year, and the total cost of employing ministerial advisors and staff during each financial year.

    Special report on Operation Daintree (tabled PDF), page 12

  6. Recommendation 6

    That, subject to any legislation drafted pursuant to Recommendation 4, the Premier, the DPC and the VPSC collaborate to ensure that the Ministerial Code of Conduct, the Ministerial Staff Code of Conduct, and the VPSC guidance to ministerial staff, departmental secretaries, executive officers and non-executive officers are consistent, comprehensive and emphasise: (a) role clarity and the need for ministerial staff and public servants to understand and act within the scope of their roles (b) mutual respect in relations between ministerial offices and public servants (c) greater awareness of potential conflicts of interest and the need for additional caution to be exercised in managing conflicts of interest, (d) the operation of the conventions on ministerial responsibility.

    Special report on Operation Daintree (tabled PDF), page 12

  7. Recommendation 7

    That: (a) the Victorian Government, in consultation with the VPSC, provides a mandatory induction program for new ministerial staff that covers their obligations under the Ministerial Staff Code of Conduct and other guidance (b) all ministerial staff members and public service employees who regularly engage with ministerial offices undertake training in the relevant guidance governing relations between ministers, their offices and public sector departments and agencies, and the principles underpinning the guidance, at least once every two years (c) the DPC or VPSC publish annual statements that detail the number of staff and advisors who attended training sessions in the previous financial year, broken down by individual portfolios.

    Special report on Operation Daintree (tabled PDF), page 12

  8. Recommendation 8

    That the Parliamentary Integrity Commissioner (to be established as a result of the Operation Watts report) be responsible for: (a) receiving and investigating complaints about possible, non-criminal breaches of the Ministerial Staff Code of Conduct and other misconduct (b) referring prima facie allegations of criminal or corrupt conduct to Victoria Police or IBAC (c) referring minor breaches to the Premier for investigation and resolution, in the commissioner’s discretion, and subject to the Premier advising the commissioner of the outcome of the investigation (d) recommending further action to the employer of the ministerial staff member, including on potential sanctions, where the Parliamentary Integrity Commissioner is satisfied a ministerial staff member engaged in conduct that is in breach of the Ministerial Staff Code of Conduct (e) promoting the revised Ministerial Staff Code of Conduct and providing regular education on it (f) monitoring and reporting on compliance with the Ministerial Staff Code of Conduct and potential measures to improve it (g) revising the Ministerial Staff Misconduct Policy and Procedure to align with this report’s recommendations (h) reporting annually on the performance of their functions with respect to ministerial staff (or on specific cases if warranted) to the parliament.

    Special report on Operation Daintree (tabled PDF), page 13

  9. Recommendation 9

    That in developing the legislation to establish the ministerial staff complaints regime, the Victorian Government ensures that the legislation includes a requirement for ministerial staff to cooperate with an investigation of a complaint against them (or another ministerial staff member) with: (a) safeguards against the use of such information in other criminal or civil proceedings (other than for unfair dismissal or providing false or misleading information); and (b) a failure to cooperate with the Parliamentary Integrity Commissioner constituting misconduct enabling the commissioner to recommend appropriate action to the employer of the ministerial staff member for that misconduct.

    Special report on Operation Daintree (tabled PDF), page 13

  10. Recommendation 10

    That in developing the proposed complaints regime in relation to ministerial staff, the Victorian Government: (a) requires the Premier (or minister to whom a ministerial staff member is assigned if they have employment responsibilities) to: - accept the recommendations of the proposed Parliamentary Integrity Commissioner from an investigation into the conduct of a ministerial staff member; or - report to the commissioner on their reasons for not accepting the recommendations and any alternative action they have taken or have determined should be taken (b) requires the commissioner to publish a report each year on the nature and number of recommendations made, accepted and not accepted.

    Special report on Operation Daintree (tabled PDF), page 13

  11. Recommendation 11

    That: (a) the Victorian Government develops and introduces amendments to the Parliamentary Committees Act 2003 to empower relevant committees to compel ministerial staff members to appear before them and answer questions in limited and defined circumstances, such as where a minister claims to be unaware of the staff member’s conduct in a matter relevant to the minister’s portfolio into which the committee is inquiring; and (b) the Standing Orders Committee of each House (or any other committee as may be appropriate) develops guidance material for parliamentary committees and ministerial advisors called before such committees on, among other things: - what does or does not constitute permissible questions to put to an advisor - what an advisor’s obligations are to answer questions - the consequences of an advisor failing to answer a legitimate question.

    Special report on Operation Daintree (tabled PDF), page 14

  12. Recommendation 12

    That the Victorian Government and parliament develop and introduce amendments to all relevant codes of conduct to provide that a breach of the relevant code includes conduct that directly or indirectly either: (a) intimidates or victimises a person who has reported conduct (or proposes to report conduct) of a ministerial staff member or made a complaint (or proposes to complain) about a ministerial staff member (b) interferes with any investigation or inquiry into the conduct of a ministerial staff member that is the subject of a complaint or a report, for the purpose of influencing the outcome or findings.

    Special report on Operation Daintree (tabled PDF), page 14

  13. Recommendation 13

    That the Victorian Government ensures persons making legitimate or reasonable allegations of misconduct about a ministerial staff member are protected from detrimental action by: (a) consulting with IBAC on the expansion of the Parliamentary Integrity Commissioner’s remit to ensure that the office holder is able to engage effectively with the provisions of the Public Interest Disclosures Act 2012 (b) establishing procedures to provide protection for persons who are not otherwise eligible for protection under the Public Interest Disclosures Act 2012, such as by developing and introducing amendments to the Public Administration Act 2004.

    Special report on Operation Daintree (tabled PDF), page 14

  14. Recommendation 14

    That the VPSC amends the Code of Conduct for Victorian Public Sector Employees and the Victorian Government amends the Ministerial Staff Code of Conduct to provide that the making of a frivolous, vexatious or malicious allegation to the independent complaints process may constitute a breach of the relevant code, with appropriate sanctions available to respond to such conduct.

    Special report on Operation Daintree (tabled PDF), page 14

  15. Recommendation 15

    That the VPSC and Victorian Secretaries' Board review their current programs and initiatives, with a view to strengthening and supplementing them with specific training and materials directed to the challenges of ensuring a greater commitment in the VPS to preventing and responding effectively to improper political interference.

    Special report on Operation Daintree (tabled PDF), page 15

  16. Recommendation 16

    That the Department of Health reviews and, where necessary, strengthens its procurement policies, systems and practices to address the corruption vulnerabilities identified by IBAC in this report, including: (a) the assessment and management of unsolicited proposals to supply goods or services, regardless of how a proposal is conveyed to it (b) i ts conflicts of interest framework so employees and contractors understand their obligations to identify, declare and manage such conflicts and avoid them where possible (c) that suppliers are sourced in a way that complies with competition requirements in legislation and/or procurement policy and procedures.

    Special report on Operation Daintree (tabled PDF), page 15

  17. Recommendation 17

    That the Victorian government: (a) consults with IBAC on the preparation of legislative changes arising from the implementation of recommendations in this report (b) provides to parliament: - a progress report on the actions taken in response to the recommendations in this report by 31 October 2023 - a further report on those actions (with a focus on the recommended complaints regime) by 30 June 2024. IBAC may publicly report on the adequacy or otherwise of those responses.

    Special report on Operation Daintree (tabled PDF), page 15

Published responses 2

Notes on this record

  • Tabled: Legislative Assembly 2023-05-02; Legislative Council 2023-05-02.
  • Authority: Independent Broad-based Anti-corruption Commission Act 2011.

Coverage

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