26 September 2023

IBAC claim election laws lead corruption

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The Independent Broad-based Anti-corruption Commission (IBAC) has found significant risks associated with Victoria’s laws relating to political donations and lobbying, and has taken the chance to warn they could lead to corruption.

Tabling IBAC’s Special report on corruption risks associated with donations and lobbying, IBAC Commissioner Robert Redlich called for significant improvements to be made to the donation and lobbying regulations across both State and local government.

Commissioner Redlich said donations and lobbying could be used to gain privileged access to decision-makers, “which can pose a corruption risk where there is the perception of a favour to be returned to the benefit of an individual or entity, rather than decisions being made to serve the best interests of the community”.

“Lobbying regulations must be transparent and hold both lobbyists and decision-makers to account in order to protect the public interest,” Commissioner Redlich said.

“They do not currently do that,” he said.

“If nothing is done, the corruption risks around lobbying are not only real but imminent.

“We must protect the community, as well as elected officials, from these corruption risks.”

Commissioner Redlich said that at the State Government level, Victoria’s current rules on political donations did not place any limit on expenditure, “meaning Victoria is one of only three Australian States in which there is no electoral campaign spending cap”.

While at the local government level, he said there was no requirement for donors to make a declaration of any kind, and the details of any donations received and declared by candidates were held locally by each Council.

The Special Report makes several recommendations, including that donations and lobbying be reformed at both levels of Government, and for constraints to limit the “disproportionately” privileged access some lobbyists have to decision-makers.

Other key recommendations include declarations and caps for election campaign expenditure; more control of fundraising events, third party campaigners and in-kind donations; and the establishment of a central authority to manage all donation reporting for local government.

Commissioner Redlich said the recommendations aimed to increase transparency and protect against improper influence in political decision making and would move Victoria into line with other States.

Responding to the Special Report, Premier Daniel Andrews said the State supported in principle IBAC’s recommendations on lobbying reform.

Mr Andrews said recommendations related to donation laws would be incorporated in the terms of reference for an independent expert panel review of the operation of 2018 electoral reforms – after the 2022 State Election.

IBAC’s 52-page Special Report can be accessed at this PS News link.

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