Independent Commission Against Corruption (South Australia)

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Independent Commission Against Corruption
ICAC South Australia.png
The South Australian ICAC
AbbreviationICAC
Agency overview
Formed2013
Jurisdictional structure
Operations jurisdiction South Australia, Australia
Legal jurisdictionAs per operations jurisdiction
Governing body Parliament of South Australia
Constituting instrument
  • Independent Commission Against Corruption Act 2012
Operational structure
Agency executive
Website
icac.sa.gov.au
ICAC's purpose is to preserve and promote integrity in public administration through proactive prevention and educational initiatives, the investigation of corruption in public administration, and the investigation or referral of misconduct or maladministration in public administration.

The Independent Commission Against Corruption (ICAC) is a role associated with the South Australian Office of Public Integrity. It was established by the Government of South Australia in 2013. The Commissioner is Ann Vanstone KC , a former justice of the Supreme Court of South Australia.

Contents

Bruce Lander QC was the first person appointed to the role in 2013. [1] Lander's term in office expired on 1 September 2020 and he was replaced by Ann Vanstone QC . [2]

History

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. [3]

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. [4]

In February 2015, Lander announced that ICAC was investigating potential maladministration related to the sale of public land at Gillman, South Australia. [5]

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. [6]

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." [7] In October 2015, it was revealed to be BioSA chief executive, Dr Jurgen Michaelis. [8] 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. [9]

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. [10]

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. [11]

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. [12] 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. [13]

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. [14]

Legislation and regulation

ICAC was established under the Independent Commissioner Against Corruption Act 2012. Its regulation is detailed in the Independent Commissioner Against Corruption Regulations 2013. The Commissioner's office is ultimately response 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. [15]

Reporting

Arrests or prosecutions made by the South Australian Police (SAPOL) resulting from matters referred to SAPOL by ICAC under the Independent Commissioner Against Corruption Act 2012 are reported in Annual Reports. [6]

See also

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References

  1. ↑ "Lander to head ICAC in SA". ABC News. 19 February 2013. Retrieved 28 February 2016.
  2. ↑ 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.
  3. ↑ 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.
  4. ↑ "More than 70 corruption investigations in first year of ICAC in South Australia". ABC. 14 October 2014. Retrieved 2 April 2015.
  5. ↑ Lander, Bruce (22 January 2015). "PUBLIC STATEMENT BY THE HON. BRUCE LANDER QC INDEPENDENT COMMISSIONER AGAINST CORRUPTION" (PDF). ICAC-OPI. Retrieved 2 April 2015.
  6. 1 2 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.
  7. ↑ "Senior SA bureaucrat charged with abuse of public office". ABC News. 6 August 2015. Retrieved 28 February 2016.
  8. ↑ "BioSA boss faces corruption charges" . Retrieved 18 August 2017.
  9. ↑ Hough, Andrew (19 December 2016). "State Government's biotechnology agency boss formally pleads not guilty to corruption charges". The Advertiser. Retrieved 18 August 2017.
  10. ↑ "ICAC says fractured relationship with SA Police Ombudsman 'improving'". ABC News. 10 November 2015. Retrieved 28 February 2016.
  11. ↑ Hunt, Nigel (2 April 2016). "Five Transport Department officers face charges over credit card misuse". The Advertiser. Retrieved 2 April 2016.
  12. ↑ "Liberal MP facing charges after ICAC sting". ABC News. 18 August 2017. Retrieved 18 August 2017.
  13. ↑ 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.
  14. ↑ "'Extraordinary' bill to reduce powers of SA's anti-corruption commissioner passes Parliament". ABC News (Australia) . 23 September 2021.
  15. ↑ "Independent Commissioner Against Corruption Act 2012". www.legislation.sa.gov.au. Retrieved 19 April 2016.
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