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Independent Commission Against Corruption (South Australia)

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Independent Commission Against Corruption
Logo of ICAC
Logo of ICAC
AbbreviationICAC
Agency overview
Formed2013
Employees49.35 FTE (2024)
Jurisdictional structure
Operations jurisdictionSouth Australia, Australia
Legal jurisdictionAs per operations jurisdiction
Governing bodyParliament of South Australia
Constituting instrument
  • Independent Commission Against Corruption Act 2012
Operational structure
Headquarters55 Currie Street, Adelaide, South Australia, Australia
Agency executive
  • Ben Boyd, Interim Commissioner
Website
icac.sa.gov.au
The Commission is a law enforcement body established to promote and preserve the public's confidence in the integrity of the functions of public administration in South Australia.

The Independent Commission Against Corruption (ICAC) is a South Australian integrity agency and law enforcement body responsible for the prevention and investigation of corruption in public administration. It receives referrals from the Office for Public Integrity and can on-refer matters to the South Australia Police (SAPOL).[1] ICAC was established by the Government of South Australia in 2013, and until 2021, could also investigate potential issues of misconduct and maladministration. Corruption investigations are undertaken in private and strict confidentiality provisions prevent unlawful disclosure or publication, resulting in a largely secret organisation. It is headed by a commissioner, an independent statutory officer responsible to the Parliament of South Australia. Its functions and activities are subject to the oversight of the Inspector.

Bruce Lander QC was the first person appointed as Commissioner in 2013.[2] Lander's term in office expired on 1 September 2020 and he was replaced by Ann Vanstone QC.[3] Four years into her seven-year term, Vanstone informed the Governor of her resignation. In a public statement, Vanstone criticised legislative amendments to the Independent Commission Against Corruption Act 2012 that curtailed the Commission's jurisdiction, prohibited it from making direct referrals to the Director of Public Prosecutions, and removed its ability to issue public statements on investigations.[4] The interim Commissioner is Ben Boyd, who replaced Vanstone following her resignation in September 2024.[5]

History

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In April 2014, it was reported that ICAC had received 752 complaints during its first eight months of operation. 43 claims of possible corruption were being investigated at this time.[6]

In October 2014, it was reported that ICAC had opened 70 investigations during its first 12 months. As a result of a joint investigation with the South Australian Police into Operation Mantle, charges of theft and abuse of public office were laid against six police officers.[7]

In February 2015, Lander announced that ICAC was investigating potential maladministration related to the sale of public land at Gillman, South Australia.[8]

In April 2015, the Commissioner announced that prosecutions were pending following several investigations. An employee of the public sector, a 47-year-old woman from Redwood Park, was arrested and charged with abuse of public office, 233 counts of theft and 114 counts of dishonest dealing with documents. A 61-year-old Henley Beach man, previously employed in the public sector was charged with six counts of abuse of public office between February and July 2013. His alleged offences related to the improper use of information for personal gain.[9]

In August 2015, an unnamed Chief Executive from a South Australian government agency was charged with two counts of abuse of public office. Attorney-General John Rau told the media that "the commissioner has made it clear on many occasions that he has not encountered in his investigations any evidence of systemic or institutional corruption in South Australia."[10] In October 2015, it was revealed to be BioSA chief executive, Dr Jurgen Michaelis.[11] In April 2016 it was announced that he would face corruption charges. It was alleged that he “improperly exercised a power or influence” on two occasions in 2012 while working on the development of the biotechnology sector within South Australia. No proof or charges had been made public at that time. In December 2016, Dr Michaelis pleaded "not guilty" to the charges.[12]

In November 2015, the Commissioner sought State Government support to permit public hearings on cases of alleged maladministration. He also described his relationship with the SA Police Ombudsman as fractured, but improving.[13]

In April 2016, ICAC investigations resulted in the charging of five men from the Department of Transport engaged in the misappropriation of goods purchased with government credit cards. The prosecutor later dropped charges against two of the accused.[14]

In August 2017, Liberal MP Troy Bell resigned from his party after it was publicly announced that he would face 26 charges following an ICAC investigation into events prior to entering parliament. Bell resigned from the Liberal party but claimed innocence and expressed his intention to fight the charges in court. The charges included twenty of theft amounting to hundreds of thousands of dollars and six of dishonest dealing in documents.[15] His case was delayed by legal argument relating to whether the ICAC could directly refer cases to the Director of Public Prosecutions and continue to investigate, rather than referring its findings to the police. The Supreme Court of South Australia found in December 2020 that the ICAC had acted within its powers.[16]

In 2021, a bill was passed to reform the ICAC, including changing the name to the Independent Commission Against Corruption and removing some of its powers to investigate maladministration and misconduct.[17]

Legislation and regulation

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The Commission was established under the Independent Commissioner Against Corruption Act 2012 and was amended in 2021 to the Independent Commission Against Corruption Act 2012. It is ultimately responsible to the Parliament of South Australia and is subject to the oversight of the Parliamentary Crime and Public Integrity Policy Committee. At the Commissioner's discretion, she or he may decide to keep the Attorney-General of South Australia informed on the progress of investigations.[18]

Reporting

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Arrests or prosecutions made by the South Australian Police (SAPOL) resulting from matters referred to SAPOL by the Commission under the Independent Commission Against Corruption Act 2012 are reported in Annual Reports.[9]

See also

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References

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  1. ^ "From Investigation to Prosecution". Independent Commission Against Corruption. 9 August 2022. Retrieved 21 September 2024.
  2. ^ "Lander to head ICAC in SA". ABC News. 19 February 2013. Retrieved 28 February 2016.
  3. ^ Lee, Stacey; Siebert, Bension (27 July 2020). "Ann Vanstone to replace Bruce Lander as SA's Independent Commissioner Against Corruption". ABC News. Retrieved 27 July 2020.
  4. ^ Vanstone, Ann (9 July 2024). "Public Statement – Resignation". Independent Commission Against Corruption. Retrieved 21 September 2024.
  5. ^ "Our people". Independent Commission Against Corruption. 20 April 2022. Retrieved 21 September 2024.
  6. ^ Wills, Daniel (23 April 2014). "South Australian ICAC has received 752 complaints since it was established eight months ago". The Advertiser. Adelaide. Retrieved 29 February 2016.
  7. ^ "More than 70 corruption investigations in first year of ICAC in South Australia". ABC. 14 October 2014. Retrieved 2 April 2015.
  8. ^ Lander, Bruce (22 January 2015). "PUBLIC STATEMENT BY THE HON. BRUCE LANDER QC INDEPENDENT COMMISSIONER AGAINST CORRUPTION" (PDF). ICAC-OPI. Retrieved 2 April 2015.
  9. ^ a b Lander, Bruce (16 April 2015). "PUBLIC STATEMENT BY THE HON. BRUCE LANDER QC - INDEPENDENT COMMISSIONER AGAINST CORRUPTION" (PDF). Independent Commissioner Against Corruption South Australia. Retrieved 20 April 2015.
  10. ^ "Senior SA bureaucrat charged with abuse of public office". ABC News. 6 August 2015. Retrieved 28 February 2016.
  11. ^ "BioSA boss faces corruption charges". Retrieved 18 August 2017.
  12. ^ Hough, Andrew (19 December 2016). "State Government's biotechnology agency boss formally pleads not guilty to corruption charges". The Advertiser. Retrieved 18 August 2017.
  13. ^ "ICAC says fractured relationship with SA Police Ombudsman 'improving'". ABC News. 10 November 2015. Retrieved 28 February 2016.
  14. ^ Hunt, Nigel (2 April 2016). "Five Transport Department officers face charges over credit card misuse". The Advertiser. Retrieved 2 April 2016.
  15. ^ "Liberal MP facing charges after ICAC sting". ABC News. 18 August 2017. Retrieved 18 August 2017.
  16. ^ Dillon, Meagan (3 December 2020). "ICAC prosecutions cleared to proceed as appeal court gives Troy Bell corruption trial green light". ABC News. Retrieved 20 February 2021.
  17. ^ "'Extraordinary' bill to reduce powers of SA's anti-corruption commissioner passes Parliament". ABC News (Australia). 23 September 2021.
  18. ^ "Independent Commissioner Against Corruption Act 2012". www.legislation.sa.gov.au. Retrieved 19 April 2016.
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