THE Independent Broad-based Anti-corruption Commission (IBAC) is encouraging public sector employees to speak up to stop improper influence – and that includes in local councils in regional areas.
IBAC is Victoria’s independent agency responsible for preventing and exposing public sector corruption and police misconduct. The ‘Speak up to stop it’ campaign highlights that any public sector employee, elected or not, is at risk of being improperly influenced – and that it can lead to corruption.
IBAC Commissioner, The Honourable Robert Redlich AM, KC, said Victorian public sector employees must make decisions that are in the best interest of the Victorian community – free from bias, collusion and favouritism.
“However, public sector employees need to be aware that they can be used by others to gain access to their colleagues, confidential information or to taxpayer-funded resources,” Commissioner Redlich said.
“A public sector employee may be improperly influenced to make a decision through pressure, favours or gifts, or more subtly through abuse of seniority or position.
“Often a relationship can start out as professional, but over time develop into one where a person is being influenced in a way that’s not consistent with the community’s expectations – this is improper influence.”
IBAC’s investigations have revealed a variety of sources of improper influence, including internal colleagues, lobbyists, suppliers and ministerial advisers. Decision-makers in local and state government can be at risk of improper influence through manipulation of governance processes or donations, IBAC says. The improper influence can happen in government departments, agencies, councils, hospitals and even schools. It can happen anywhere in the public sector.
IBAC Deputy Commissioner David Wolf told the Gippsland Times it was very important to have a strong ‘speak-up’ culture to protect individuals, workplaces and the entire public sector.
“The reputation of the public sector is critical when it comes to key services, products and infrastructure for the community. Reputations are being challenged for a number of reasons,” Deputy Commissioner Wolf said.
“This is an information and awareness campaign for all our public sector employees for the recognition of improper influence. And when they do recognise it, (they can have the) confidence to be able to report it.
“There’s a lot more familiarity with public sector employees the more remote and regional you go because they’re part of the community. Our advice to employees is to make sure there are boundaries in the workplace and for their community activities. It can be challenging sometimes, but it’s important to make sure they are maintained.”
Asked whether local governments are taking issues such as improper influence or corruption seriously enough, the Deputy Commissioner indicated he was satisfied that they were.
“Indeed, I do. Absolutely. There’s been great progress in the last decade in the ethical decision-making of councils,” he said.
“Councils are far more accessible for everyone. Now (the council meetings) can be viewed online. The public can watch the debates and see the decisions. Social media has provided greater access to the public sector and local government.
“Local governments must have a code of conduct, and they do. That’s something that’s checked up upon and must be abided by. Same for public sector employees, there’s a code of conduct. The legislation, the guidelines and the polices are in place; this campaign is to make sure the processes are broadly understood, particularly early on.”
The Gippsland Times contacted the Wellington Shire Council to find out what their policies and procedures were regarding improper influence. Their response referred to a council agenda from December 2021 which resulted in the adoption of the 2022 Council Policy Manual. Sections include ‘Acceptance and Declaration of Gifts, Benefits and Hospitality’, and ‘Employment Outside of Council’. Various aspects of the policies are incorporated into the codes of conduct for councillors and employees. These are readily available to staff and the public via the website. Staff also undertake initial and ongoing learning and development training.
Deputy Commissioner Wolf said that often, improper influence was not reported because the public sector employee was concerned about potential repercussions, or may not understand that misconduct was taking place.
“It’s really important for public sector employees to know they’re protected by whistle-blower laws,” he said.
“It’s important for them to raise (issues) with a supervisor, but if they’re not comfortable with that or the supervisor is involved, they can come to the integrity agency and file a report.
“Since the Public Interest Disclosures Act 2012 was enacted, and then strengthened in 2020, we’ve had no detrimental action. It’s not so much about dealing with the detrimental action, it’s more about preventing it from happening, because with the confidentiality provisions, it’s not known where the information about the misconduct came from.”
The Public Interest Disclosures Act 2012 encourages and helps people make disclosures of improper conduct by public officials and bodies. Detrimental action is when an individual who reports misconduct is treated unfairly.
Since the campaign began in June, Deputy Commissioner Wolf said that while there hadn’t been an “uptick” in the reporting of improper conduct to IBAC, the quality of the reporting had improved.
“(This demonstrates) a better understanding of the risks of improper conduct. Which is great, as that was what the process was designed for,” he said.
“We’re getting fewer general workplace issues reported to IBAC, and more actual public sector misconduct reports.”
IBAC says if you see or experience improper influence, you should report it to a manager. You can also make a formal complaint or report information to IBAC via their website.
For more information, visit ibac.vic.gov.au/speakup