VICTORIA'S anti-corruption watchdog says it has felt unable to investigate some corruption allegations because of restrictions in how it was set up.
The Independent Broad-based Anti-corruption Commission (IBAC) says there have been cases where it has felt unable to probe allegations because they do not meet the threshold required under the legislation.
Not all the cases were suitable to be referred elsewhere, possibly undermining the integrity body's functions, IBAC says in a special report tabled in parliament on Tuesday.
"There have been corrupt conduct allegations where IBAC has not felt able to commence investigations because of threshold restrictions in the IBAC Act," IBAC says in the report on its first year of operation.
"Not all of these were suitable for referral elsewhere.
"This constraint has possibly undermined IBAC's ability to perform and achieve its principal objects and functions."
IBAC says the constraint should be a matter of concern and further consideration.
The integrity body also says it should be able to investigate misconduct in public office as part of its jurisdiction.
The offence is covered by other Australian integrity regimes but it was not included as part of IBAC's jurisdiction because it was considered a less serious offence.
But IBAC says the offence can fall into the serious category and it could refer any less serious examples to other bodies to probe.
"Once this is appreciated, it must follow that a body like IBAC, whose primary functions include the exposure of serious corrupt conduct within the public sector, should be able to investigate allegations of serious misconduct in public office," IBAC says.
IBAC also says there are cases where people who have disclosed information about corrupt conduct appear not to qualify for whistleblower protection.
It says the matter needs more consideration, because this may deter whistleblowers coming forward with valuable information.
IBAC can also only refer protected disclosure complaints to a limited number of entities, being the Victorian Ombudsman and Inspectorate and police.
But in some cases matters would be better referred to another more specialist integrity body or relevant public sector agency, and IBAC wants the parliament to consider broadening the choices it has to refer such complaints.
The parliament should also consider making it mandatory for the heads of public sector bodies and local councils to notify IBAC of corrupt conduct they become aware of, as is already the case in other states.
The change should apply at the very least for more serious matters within the public sector, IBAC says.
Victorian Attorney-General Robert Clark said the government would carefully consider the various recommendations and suggestions made by IBAC.
He said the amendments to the IBAC legislation suggested by the integrity body were consistent with the government's view that IBAC's role should be to focus on tackling serious corruption.
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