Wednesday, 22 March 2023

Motions

Select committee

Michael O’BRIEN (Malvern) (09:35): I desire to move, by leave:

That:

a select committee of five members be appointed to inquire into, take public evidence as required, report, and make recommendations, by 28 November 2023, on –

matters referred to in the letter, dated 15 December 2022, from the Commissioner of the Independent Broad-based Anti-corruption Commission (IBAC), the Hon. Robert Redlich AM KC, to the President of the Legislative Council and the Speaker of the Legislative Assembly, including but not limited to –

appropriate protocols and procedures to ensure the independence of performance audits of integrity agencies by the Integrity and Oversight Committee (IOC) and safeguards to prevent potential improper interference by committee members;

the adequacy of the legislative framework for integrity agency performance audits under the Independent Broad-based Anti-corruption Commission Act 2011 and the Victorian Inspectorate Act 2011;

protocols for the handling of correspondence and reports passing between integrity agencies and the IOC;

whether it is appropriate for the IOC or an independent performance auditor to seek access to information relating to current IBAC operations;

whether procedural fairness should be afforded to integrity agencies by the IOC;

the structure, composition and operation of the IOC;

the adequacy of IBAC’s funding and its effect on IBAC’s capacity to discharge its functions relating to serious police misconduct and public sector corruption;

(c) the appropriateness of provisions in IBAC’s legislation that limit the ability of IBAC to undertake public examinations;

(d) options for improving arrangements for the oversight of IBAC’s operations by Parliament, the determination of IBAC’s budget and IBAC’s legislative charter;

(2) the committee will consist of two members from the government nominated by the Leader of the House in the Assembly, two members from the opposition nominated by the Leader of the Opposition in the Assembly, and one member from among the remaining members in the Assembly as agreed to by these members;

(3) the members will be appointed by lodgement of the names with the Speaker no later than 4 pm two business days after the Assembly agrees to this resolution;

(4) the first meeting of the committee must be held no later than 4 pm on the eighth business day after the Assembly agrees to this resolution;

(5) the committee may proceed to the despatch of business notwithstanding that all members have not been appointed and notwithstanding any vacancy;

(6) three members of the committee will constitute a quorum of the committee;

(7) the chair of the committee will be a non-government member and the deputy chair will be a government member, and in the absence of any such nominations for the deputy chair, the position may be filled by another member of the committee;

(8) the committee will advertise its terms of reference and call for submissions and all such submissions received by the committee will be treated as public documents unless the committee orders otherwise;

(9) the committee may commission persons to investigate and report to the committee on any aspects of the inquiry;

(10) the committee may commission persons to provide advice, including legal advice, to the committee on any aspects of the inquiry;

(11) the presentation of a report or interim report of the committee will not be deemed to terminate the committee’s appointment, powers or functions; and

(12) the foregoing provisions of this resolution, so far as they are inconsistent with the standing orders and sessional orders or practices of the Assembly, will have effect notwithstanding anything contained in the standing or sessional orders or practices of the Assembly.

Leave refused.

Michael O’BRIEN: I give notice of the motion I have just read.