Opinion
There are two key words in Andrews’ playbook: Deny and discredit
Annika Smethurst
State Political EditorWhen Robert Redlich was appointed as head of the Independent Broad-based Anti-corruption Commission six years ago, the government’s glowing press release described him as “one of Victoria’s most eminent and well-respected jurists” and “ideally placed” for the job.
Fast-forward to March this year, and Redlich was demoted by Premier Daniel Andrews to just “a bloke who used to run an agency”.
Former IBAC commissioner Robert Redlich faced hostile questions from Labor MPs.Credit: Nine
The premier’s dismissal of Redlich followed serious allegations by the ex-commissioner – he had accused government members of a committee overseeing IBAC of a politically motivated crusade to “dig up dirt” on the commission. The Andrews government rejects this claim.
But on Monday, as if determined to prove Redlich right, the four Labor members of the integrity and oversight committee used nearly half of a scheduled 45-minute hearing to probe Redlich on administrative matters instead of listening to his suggestions for real legislative changes that would bolster the state’s anti-corruption body.
As one veteran MP observed, it was like asking the chief executive officer of BHP how much money was in the petty-cash tin.
Non-Labor members of the committee believe it was a deliberate strategy by Labor MPs to waste time and discredit Redlich and the agency he once led.
But Labor’s strategy appears to have backfired. The farcical line of questioning only added weight to claims the government was engaging in revenge attacks on the state’s anti-corruption watchdog.
It’s inevitable there will be tension between politicians and the bodies policing them. It’s a to-and-fro that must always exist between integrity commissions and the governments of the day, and often intensifies the longer a government holds office.
Old political hands point to the federal government’s relationship with the recently established National Anti-Corruption Commission, which seems to be off to a good start.
That’s likely to remain the case while the commission wades through hundreds of referrals aimed at the former Coalition government. But when it’s cleared that backlog and turns its focus to the current government, things will become a little bit more tense.
In Victoria, however, things seem to have deteriorated beyond the government defending its record to a more blatant and strategic technique of undermining the work of the corruption watchdog, particularly when it criticises the premier and his office.
Contrast Andrews’ response to two IBAC reports – Watts and Daintree. In July last year, Andrews was quick to apologise to Victorians after Operation Watts uncovered “extensive misconduct” by Victorian Labor MPs that did not involve himself or his office.
But this year, when IBAC released Operation Daintree – which didn’t find sufficient evidence of corruption but was replete with findings of unethical behaviour, misconduct and misbehaviour – and challenged the centralisation of power within his own office, Andrews questioned why there was the need for an investigation at all.
The intention appears to be to sow seeds of doubt about IBAC’s integrity and to trigger a deeply partisan reaction.
The premier’s attempts to discredit and ignore critics extend beyond IBAC. In June, Andrews dismissed former High Court judge Geoffrey Nettle as being too close to the Lawyer X investigation to be deciding whether criminal prosecutions should be sought.
When his former cabinet ministers Jill Hennessy and Jenny Mikakos told IBAC of the growing influence of ministerial advisers and the centralisation of power within the premier’s private office, Andrews dismissed the pair as “those two people”.
This approach of discrediting critics isn’t new, but in the case of IBAC it comes at a crucial time for the commission: it is lobbying for a more sustainable funding model and is searching for a new commissioner. According to insiders, no decision has been made on Redlich’s permanent replacement.
Alarmingly, the latest attempt to undermine the public’s trust in the anti-corruption body also comes as the commission is attempting to release its findings from Operation Richmond – a secret report into the Andrews government’s dealings with the United Firefighters Union.
It seems the Victorian government is deliberately undermining the work of the corruption watchdog.Credit: Matthew Piper
The probe was completed in 2021, but lengthy legal battles mean it hasn’t even moved to the natural justice phase, when witnesses receive draft reports to enable them to respond to any adverse findings.
Its delay is another example of why there is a pressing need to reform IBAC and ensure that it’s fit for purpose.
Redlich is the latest voice to warn that there is an urgent need for legislative change to ensure IBAC can adequately investigate serious misconduct by public officials and police in this state.
For a long time, the government was protected by the convention often adopted by judicial types like Redlich: to stay in the background and let judgments, or in this case inquiries, speak for themselves.
Redlich kept quiet for most of his time in the job, but in the last 12 months of his tenure he realised he needed to defend the commission’s work. Now he is retired, he is even less likely to pipe down.
Annika Smethurst is state political editor.
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