Anti-corruption plan at risk from 'flaws' THE Victorian Ombudsman has warned that the centrepiece of the state's anti-corruption framework could be invalid, casting grave doubt over dozens of pieces of legislation and so-called controlled operations. George Brouwer has warned that the state's integrity system may be unsound and cites expert legal advice that questions the constitutional validity of the $170 million Independent Broad-based Anti-corruption Commission and other bodies. In a strongly worded report to state parliament, Mr Brouwer warns that his advice is that because the Integrity Accountability Legislation Amendment Act was not approved at a referendum, its provisions are inconsistent with the Constitution and could be invalid. Mr Brouwer warns that as well as undermining the operations of his own office, it could affect IBAC's functions, the Victorian Inspectorate and the Auditor-General. Issues such as whether IBAC investigators could carry guns and the authority the body had during covert investigations was under a cloud. The functioning of the Ombudsman's office was at risk, Mr Brouwer added. "That invalidity will fundamentally undermine the effectiveness of the new integrity scheme," Mr Brouwer warned. Further, uncertainty as to the validity will place integrity agencies in the undesirable position of either acting in accordance with legislation that queen's counsel have advised is invalid, or to treat the IALAA as invalid and function as if it had not passed. Mr Brouwer warns that unless amending legislation is passed or the courts rule appropriately, the integrity organisations will be at risk. "It is essential, in my view, for this uncertainty to be resolved at an early date so as to ensure that the integrity system for the state operates on a sound basis," Mr Brouwer added. Solicitor-General Stephen McLeish SC and Eamonn Moran, QC -- hired by Mr Brouwer -- have clashed over the issue, with the Solicitor-General standing by the legislation. A spokesman for Attorney-General Robert Clark said the government believed the legislation was sound. The government has obtained clear advice from the Solicitor-General that the legislation is valid. "In accordance with longstanding convention, the government will be relying on the advice provided by the Solicitor-General," he said. Mr Brouwer, who as Ombudsman has been at odds with the government over the formation of the IBAC, is claiming he was not consulted properly over the ensuing legislation. He concedes he had tried to see the draft legislation before it was introduced and that he had warned the government late last year about the potential problems with the law. Mr Brouwer decided to seek a second queen's counsel opinion late last year. "This advice confirmed the advice of the first queen's counsel consulted, and echoed the concerns that I held regarding the inconsistency between the IALAA and section 94E (of the) Constitution Act," Mr Brouwer said. Mr Moran's conclusion was that he considered that the entire IALAA was invalid.