New laws limit exposure of corrupt judges

CORRUPT judges will be protected from being named and shamed, unlike others in  Victoria’s public sector, under Premier Ted Baillieu’s anti-corruption regime.

After months of delays, the state government has introduced new laws giving Victoria’s first corruption watchdog sweeping powers to investigate politicians and their staff, as well as judges, public prosecutors, police, local councillors, the auditor-general and the governor.

But an examination of the 102-page bill reveals that while the Independent Broad-based Anti-corruption Commission must report to Parliament,  it will not have the power to publicise information against judges.
‘‘The IBAC must not include any finding of corrupt conduct of a judicial officer, or any other adverse finding relating to a judicial officer arising from an investigation in a special report ... or an annual report,’’ the legislation says.

Government spokesman Paul Price said the restrictions were consistent with other states, and necessary to ensure the independence of the judiciary.

But a Labor Party spokeswoman, Jill Hennessy, said the government had not previously suggested there would be ‘‘special privileges’’ for some but not for others. The Coalition’s election policy also states: ‘‘All parts of the public sector will be subject to the same rules and investigatory powers.’’

The legislation also means:

• IBAC will be required to dismiss complaints against judges if they relate to the merit of a judgment or court decision.

• Notorious criminals will have the right to make complaints to the new watchdog.

• The government is yet to decide whether journalists will have the  right to protect their sources if called to give evidence.

• The commission can refuse to investigate a complaint if it is not made within a year of the alleged corruption taking place.

• People who obstruct an investigation risk 12 months’ imprisonment, or fines of more than $14,600, or both.

• Public hearings will be allowed in some cases, at the discretion of the IBAC commissioner.

The legislation paves the way for the biggest overhaul of Victoria’s anti-corruption regime in the state’s history.

IBAC is likely to be headed by a retired judge, and its agents will have the power to carry semi-automatic weapons, capsicum spray, and body armour, as well as to search premises, seize documents and tap phones.

But Victorians will have to wait about another six months until the commission is fully operational — a third tranche of laws outlining its  examination powers has still to be introduced; the Commonwealth must pass its own laws  on telephone interception; and it is still not known how long it will take to appoint the  first IBAC commissioner.

Despite the delays, Monash University criminology expert Colleen Lewis — who for years has been calling for a corruption watchdog  — said the change was long overdue. She said the reforms appeared to include an appropriate level of oversight: a parliamentary committee, an inspector to watch the watchdog, and a public interest monitor.

‘‘With a body as powerful as this, we have to have as many checks and balances as we can,’’ she said. ‘‘We have to be careful not to get it to a stage where it can’t operate, but it must be accountable for what it does.’’

theage.com.au 11 Dec 2011

A grim reminder and reality check of how corrupt the authorities, politicians, law makers, judges and police really are.

The masonic brotherhood looking after itself in the most public manner, to the detriment of the 'sheeple', without a single 'bleat' from the herd.