Independent Commission Against Corruption Act 2012 (SA)

Case

South Australia

Independent Commission Against Corruption Act 2012

An Act to establish the Independent Commission Against Corruption and the Office for Public Integrity; and for other purposes.

Contents

Part 1—Preliminary

1            Short title

3            Primary objects

4            Interpretation

5            Corruption, misconduct and maladministration

6            Parliamentary privilege unaffected

Part 2—Independent Commission Against Corruption

7           Establishment and functions of Commission

8            Commissioner

9            Deputy Commissioner

10          Pension rights

11          Acting Commissioner

12          Employees

13          Use of services or staff of other government entities

14          Examiners and investigators

15          Cooperation with law enforcement agencies

16          Delegation

Part 3—Office for Public Integrity

Division 1—Establishment and functions

17          Establishment of Office and functions

18          Director of OPI

Division 2—Complaints and reports

18A         Complaints system

18B         Reporting system

18C         Obstruction of complaint or report

18D         False or misleading statements in complaint or report etc

Division 3—Assessment

18E         Assessment of complaint or report

Division 4—Referrals

18F         Action that may be taken following assessment

18G         Referral to inquiry agency

Part 4—Procedures and powers of Commission

Division 2—Investigations

24          Action that may be taken

25          Public statements

26          Standard operating procedures

27          Management of investigation

28          Production of statement of information

29          Examination and production of documents and other things

29A         Power to authorise inspection of financial records etc

30          Power to require person to disclose identity

31          Enter and search powers under warrant

32          Seizure and retention order procedures

33          Obstruction

34          Limiting action by other agencies and authorities

35          Injunction to refrain from conduct pending investigation

36          Prosecutions and disciplinary action

36A         Determination of Commission's jurisdiction

39          Request for Auditor‑General to examine accounts

39A         Information to be provided

Division 3—Evaluation of agency or authority practices

40          Evaluation of practices, policies and procedures

Division 4—Recommendations and reports by Commission

41          Recommendations

42          Reports

Division 5—Miscellaneous

43          Referral of matter etc does not limit performance of functions

44          Public authority to assist with compliance by public officers

Part 5—Accountability

45          Annual reports by Office and Commission

46          Reviews

47          Crime and Public Integrity Policy Committee

48          OPI and Commission websites

49          Provision of information to Attorney‑General

Part 6—Miscellaneous

50          No obligation on persons to maintain secrecy

51          Arrangements for provision of information by Commissioner of Police

52          Commission to be regarded as law enforcement body

53          Impersonation

54          Confidentiality

55          Proceedings to be heard in private

56A         Use of evidence or information

57          Victimisation

58          Service

59          Evidence

59A         Legal assistance

60          Regulations

Schedule 1—Public officers, public authorities and responsible Ministers

Schedule 2—Examination and production of documents and other things

1            Interpretation

2            Examinations

3            Conduct of examination

4            Power to summon witnesses and take evidence

5            Power to obtain documents

6            Disclosure of summons or notice may be prohibited

7           Offences of disclosure

8            Failure of witnesses to attend and answer questions

9            Warrant for arrest of witness

10          False or misleading evidence

11          Protection of witnesses from harm or intimidation

12          Contempt of Commission

13          Supreme Court to deal with contempt

14          Conduct of contempt proceedings

15          Person in contempt may be detained

16          Examiner may withdraw contempt application

17          Legal protection of examiners, counsel and witnesses

18          Order for delivery to examiner of passport of witness

19          Offence to hinder, obstruct or disrupt

Schedule 3—Search warrants and privilege

1            Interpretation

2            Privilege claims in relation to search warrants

3            Application to Supreme Court to determine privilege

4            Determination of privilege claims

Schedule 4—Inspector and reviews

Part 1—Preliminary

1            Interpretation

Part 2—Inspector and Deputy Inspector

2            Inspector

3            Deputy Inspector

4            Use of services or staff of administrative units

Part 3—Powers

5            Evidence

6            Issue of summons

7           Production of documents etc

8            Entry and search

Part 4—Reviews

9            Reviews

Schedule 5—Reimbursement of Legal Fees Policy

1            Interpretation

2            Who can claim for reimbursement

3            Additional criteria for reimbursement

4            Reasonable costs

5            Procedure for reimbursement

6            Interim payments

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Independent Commission Against Corruption Act 2012.

3—Primary objects

  1. The primary objects of this Act are—

    (a)to establish the Independent Commission Against Corruption with functions designed to further—

    (i)the identification and investigation of corruption in public administration; and

    (ii)the prevention or minimisation of corruption in public administration, including through referral of potential issues, education and evaluation of practices, policies and procedures; and

    (b)to establish the Office for Public Integrity to manage complaints about public administration with a view to—

    (i)the identification of corruption, misconduct and maladministration in public administration; and

    (ii)ensuring that complaints about public administration are dealt with by the most appropriate person or body; and

    (c)to achieve an appropriate balance between the public interest in exposing corruption, misconduct and maladministration in public administration and the public interest in avoiding undue prejudice to a person's reputation (recognising that the balance may be weighted differently in relation to corruption in public administration as compared to misconduct or maladministration in public administration).

  2. Whilst any potential issue of corruption, misconduct or maladministration in public administration may be the subject of a complaint or report under this Act and may be assessed and referred to a relevant body in accordance with this Act, it is intended—

    (a)that the Commission will exercise its functions only in relation to corruption in public administration; and

    (b)that matters raising potential issues of misconduct or maladministration in public administration will be referred to another inquiry agency or to a public authority.

4—Interpretation

  1. In this Act, unless the contrary intention appears—

    Australian Parliament means—

    (a)the Parliament of this State or any other State of the Commonwealth; or

    (b)the Parliament of the Commonwealth; or

    (c)a Legislative Assembly of a Territory of the Commonwealth;

    Commission means the Independent Commission Against Corruption;

    Commissioner means the person holding or acting in the office of the Independent Commissioner Against Corruption;

    complaint about public administration includes—

    (a)a complaint alleging corruption, misconduct or maladministration in public administration; and

    (b)any complaint about a public authority or public officer;

    contract work means work performed by a person as a contractor or as an employee of a contractor or otherwise directly or indirectly on behalf of a contractor;

    contravention includes failure to comply;

    corruption in public administration—see section 5;

    Director of OPI means the person holding or acting in the office of the Director of OPI under Part 3;

    disciplinary action includes any process for termination of employment or dismissal from office;

    document includes a written record that reproduces in an understandable form information stored by computer, microfilm or other process;

    examiner—see section 14;

    inquiry agency means—

    (a)the Commission;

    (b)the Ombudsman;

    (c)the Judicial Conduct Commissioner;

    investigator—see section 14;

    judicial body means a court, tribunal, body or person invested by law with judicial or quasi‑judicial powers;

    Judicial Conduct Commissioner means the person for the time being holding or acting in the office of Judicial Conduct Commissioner under the Judicial Conduct Commissioner Act 2015;

    judicial officer means a person who alone or with others constitutes a judicial body;

    law enforcement agency means—

    (a)the Australian Crime Commission; or

    (b)the Australian Federal Police; or

    (c)the Australian Commission for Law Enforcement Integrity; or

    (d)South Australia Police; or

    (f)the police force of another State or a Territory of the Commonwealth; or

    (g)in relation to New South Wales—the Crime Commission, the Independent Commission Against Corruption, the Inspector of the Independent Commission Against Corruption, the Police Integrity Commission or the Inspector of the Police Integrity Commission; or

    (h)in relation to Queensland—the Crime and Corruption Commission; or

    (i)in relation to Tasmania—the Integrity Commission; or

    (j)in relation to Victoria—the Office of Police Integrity, the Independent Broad‑based Anti‑corruption Commission or the Independent Broad‑based Anti‑corruption Commission Committee; or

    (k)in relation to Western Australia—the Corruption and Crime Commission or the Parliamentary Inspector of the Corruption and Crime Commission; or

    (l)a Royal Commission of the Commonwealth, the State or another State or a Territory of the Commonwealth; or

    (m)a person or body declared by regulation to be a law enforcement agency;

    local government body means a council or a subsidiary of a council established under the Local Government Act 1999;

    maladministration in public administration—see section 5;

    Minister responsible for a public authority—see Schedule 1;

    Minister responsible for an inquiry agency means the Minister responsible for administration of the Act under which the agency is constituted or, if some other Minister is declared by regulation to be responsible for the agency, that Minister;

    misconduct in public administration—see section 5;

    Office means the Office for Public Integrity;

    personal details of a person means—

    (a)the person's full name; and

    (b)the person's date of birth; and

    (c)the address of where the person is living; and

    (d)the address of where the person usually lives; and

    (e)the person's business address;

    prescribed offence means corruption in public administration or an offence against this Act;

    public administration—without limiting the acts that may comprise public administration, an administrative act within the meaning of the Ombudsman Act 1972 will be taken to be carried out in the course of public administration;

    public authority—see Schedule 1;

    public officer—see Schedule 1;

    public sector agency has the same meaning as in the Public Sector Act 2009;

    public sector employee has the same meaning as in the Public Sector Act 2009;

    publish means publish by—

    (a)newspaper, radio or television; or

    (b)internet or other electronic means of creating and sharing content with the public or participating in social networking with the public; or

    (c)any similar means of communication to the public;

    seconded—a police officer or special constable is seconded to assist the Commissioner for the purposes of this Act if the police officer or special constable is employed in accordance with an arrangement whereby the police officer or special constable is granted leave without pay in relation to his or her appointment under the Police Act 1998 for the purpose of being engaged as an employee under section 12 of this Act;

    statement of information—see section 28;

    vehicle means a vehicle, vessel or aircraft and includes a caravan, trailer and anything attached to a vehicle.

5—Corruption, misconduct and maladministration

  1. Corruption in public administration means conduct that constitutes—

    (a)an offence against Part 7 Division 4 (Offences relating to public officers) of the Criminal Law Consolidation Act 1935, which includes the following offences:

    (i)bribery or corruption of public officers;

    (ii)threats or reprisals against public officers;

    (iii)abuse of public office;

    (iv)demanding or requiring benefit on basis of public office;

    (v)offences relating to appointment to public office; or

    (b)an offence against the Public Sector (Honesty and Accountability) Act 1995 or the Public Corporations Act 1993, or an attempt to commit such an offence; or

    (ba)an offence against the Lobbyists Act 2015, or an attempt to commit such an offence; or

    (d)any of the following in relation to an offence referred to in a preceding paragraph:

    (i)aiding, abetting, counselling or procuring the commission of the offence;

    (ii)inducing, whether by threats or promises or otherwise, the commission of the offence;

    (iii)being in any way, directly or indirectly, knowingly concerned in, or party to, the commission of the offence;

    (iv)conspiring with others to effect the commission of the offence.

  2. In this Act—

    maladministration in public administration has the same meaning as in the Ombudsman Act 1972; and

    misconduct in public administration has the same meaning as in the Ombudsman Act 1972.

6—Parliamentary privilege unaffected

Nothing in this Act affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members and powers under this Act may not be exercised in relation to any matter to which parliamentary privilege applies.

Note—

Examples of material that falls within this section include statements made or documents or material tabled or received in the course of the proceedings of the Parliament or a committee of the Parliament.

Part 2—Independent Commission Against Corruption

7—Establishment and functions of Commission

  1. There is to be an Independent Commission Against Corruption with the following functions:

    (a)to identify corruption in public administration and to—

    (i)investigate and refer it to a law enforcement agency for any further investigation and prosecution; or

    (ii)refer it to a law enforcement agency for investigation and prosecution;

    (b)to evaluate the practices, policies and procedures of inquiry agencies and public authorities with a view to advancing comprehensive and effective systems for preventing or minimising corruption in public administration;

    (c)to conduct or facilitate the conduct of educational programs designed to prevent or minimise corruption in public administration;

    (d)if, in the course of performing functions in relation to potential corruption in public administration, any suspected misconduct or maladministration or any offences (not being offences that constitute the potential corruption in public administration) are identified—to report the matter to the Office or the Ombudsman for assessment or refer the matter to a law enforcement agency, the Ombudsman or a public authority or public officer, as the Commission considers appropriate.

  2. The Commission is not subject to the direction of any person in relation to any matter, including—

    (a)the manner in which functions are carried out or powers exercised under this or any other Act; and

    (b)the priority that the Commission gives to a particular matter in carrying out functions under this or any other Act.

  3. The Commission is to perform its functions in a manner that—

    (a)is as open and accountable as is practicable, while recognising, in particular, that examinations relating to corruption in public administration must be conducted in private; and

    (b)deals as expeditiously as is practicable with allegations of corruption in public administration; and

    (c)as far as is practicable, deals with any allegation against a Member of Parliament or member of a council established under the Local Government Act 1999 before the expiry of his or her current term of office.

  4. For the purposes of exercising its functions under subsection (1)(b) or (c), the Commission—

    (a)may conduct a public inquiry; and

    (b)may regulate the conduct of the inquiry as the Commission thinks fit,

    (and, for the avoidance of doubt, the inquiry will not be a proceeding for the purposes of section 55).

  5. The Commission—

    (a)is a body corporate; and

    (b)has perpetual succession and a common seal; and

    (c)is capable of suing and being sued in its corporate name.

8—Commissioner

  1. The Commissioner will be the principal officer of the Commission and is to be appointed by the Governor for a term not exceeding 7 years and on conditions determined by the Governor.

  2. A person appointed to be the Commissioner is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as Deputy Commissioner or Acting Commissioner) that exceed 10 years in total.

  3. A person is only eligible for appointment as the Commissioner if the person—

    (a)is a legal practitioner of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State) or a former judge of the High Court of Australia, the Federal Court of Australia or the Supreme Court or any other court of a State or Territory of the Commonwealth; and

    (b)is not a judicial officer or member of an Australian Parliament.

  4. Before a person is appointed to be the Commissioner, the Attorney‑General must ensure that the position is advertised in a newspaper or newspapers circulating in each State and Territory.

  5. A person may only be appointed to be the Commissioner if, following referral by the Attorney‑General of the proposed appointment to the Statutory Officers Committee established under the Parliamentary Committees Act 1991—

    (a)the appointment has been approved by the Committee; or

    (b)the Committee has not, within 7 days of the referral, or such longer period as is allowed by the Attorney‑General, notified the Attorney‑General in writing that it does not approve the appointment.

  6. Despite the Parliamentary Committees Act 1991, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee under subsection (5) except to the extent allowed by the Attorney‑General (but this subsection does not derogate from section 15I(2) of the Parliamentary Committees Act 1991).

  7. If a person is a judicial officer immediately before being appointed to be the Commissioner—

    (a)the conditions of the appointment should not be less favourable to the person than the conditions of his or her judicial office (when viewed from an overall perspective); and

    (b)for the purposes of determining the person's entitlement to recreation leave, sick leave, long service leave or any other kind of leave under this or another Act, the appointment may, at the option of the person, be taken to be a continuation of his or her service as a judicial officer.

  8. The Commissioner must not, without the consent of the Attorney‑General, engage in any remunerated employment or undertaking outside official duties.

  1. The Governor may, on the address of both Houses of Parliament, remove the Commissioner from office.

  2. The Governor may suspend the Commissioner from office for—

    (a)contravention of a condition of appointment; or

    (b)misconduct; or

    (c)failure or incapacity to carry out official duties satisfactorily; or

    (d)failure to provide information to the Attorney‑General as required under section 49.

  3. If the Governor suspends the Commissioner from office, a full statement of the reason for the suspension must be laid before both Houses of Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament.

  4. If, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the Commissioner to be restored to office, the Commissioner is removed from office.

  5. If within 20 sitting days after the statement is laid before Parliament either House of Parliament presents an address to the Governor requiring the Commissioner to be restored to office, the Commissioner is restored to office.

  6. The office of Commissioner becomes vacant if the holder—

    (a)dies; or

    (b)completes a term of office and is not reappointed; or

    (c)resigns by written notice to the Governor; or

    (d)is appointed to judicial office; or

    (e)is nominated for election as a member of an Australian Parliament; or

    (f)becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or

    (g)is convicted of—

    (i)an indictable offence against the law of this State; or

    (ii)an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or

    (iii)an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or

    (h)is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

    (i)is removed from office by the Governor under this section.

  7. Except as is provided by this section, the Commissioner may not be removed or suspended from office, nor will the office of the Commissioner become vacant.

  8. The Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.

9—Deputy Commissioner

  1. There is to be a Deputy Commissioner responsible for assisting the Commissioner as directed by the Commissioner.

  2. The Deputy Commissioner is to be appointed by the Governor for a term not exceeding 7 years and on conditions determined by the Governor.

  3. A person appointed to be the Deputy Commissioner is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as Commissioner or Acting Commissioner) that exceed 10 years in total.

  4. A person is only eligible for appointment as the Deputy Commissioner if the person—

    (a)is a legal practitioner of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State) or a former judge of the High Court of Australia, the Federal Court of Australia or the Supreme Court or any other court of a State or Territory of the Commonwealth; and

    (b)is not a judicial officer or member of an Australian Parliament.

  5. The Deputy Commissioner must not, without the consent of the Attorney‑General, engage in any remunerated employment or undertaking outside official duties.

  6. The Deputy Commissioner may—

    (a)act as the Commissioner during any period for which—

    (i)no person is for the time being appointed as the Commissioner; or

    (ii)the Commissioner is absent from, or unable to discharge, official duties; and

    (b)when not so acting, perform functions or exercise powers at the direction of the Commissioner.

  7. The Governor may remove the Deputy Commissioner from office for—

    (a)contravention of a condition of appointment; or

    (b)misconduct; or

    (c)failure or incapacity to carry out official duties satisfactorily.

  8. The office of Deputy Commissioner becomes vacant if the holder—

    (a)dies; or

    (b)completes a term of office and is not reappointed; or

    (c)resigns by written notice to the Governor; or

    (d)is appointed to judicial office; or

    (e)is nominated for election as a member of an Australian Parliament; or

    (f)becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or

    (g)is convicted of—

    (i)an indictable offence against the law of this State; or

    (ii)an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or

    (iii)an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or

    (h)is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

    (i)is removed from office by the Governor under subsection (7).

  9. Except as is provided by this section, the Deputy Commissioner may not be removed from office, nor will the office of the Deputy Commissioner become vacant.

  10. The Deputy Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.

10—Pension rights

  1. The Governor may, by instrument in writing made at the time a person is appointed to be the Commissioner or Deputy Commissioner, apply the Judges' Pensions Act 1971 to or in relation to the Commissioner or Deputy Commissioner as if the Commissioner or Deputy Commissioner were a Judge as defined in that Act and service as the Commissioner or Deputy Commissioner were judicial service as defined in that Act.

  2. The instrument may—

    (a)impose conditions on the application of the Judges' Pensions Act 1971 (including a condition that the Act will only apply if the person is made a Judge following his or her term of office as Commissioner or Deputy Commissioner); and

    (b)apply the Judges' Pensions Act 1971 subject to any modifications specified in the instrument.

  3. Unless the Governor otherwise directs, no pension is to be payable under the Judges' Pensions Act 1971 if the Commissioner or Deputy Commissioner vacates the office due to insolvency or conviction or sentencing for an offence or is removed from office.

  4. If a person who is or has been the Commissioner or Deputy Commissioner is appointed as a Judge as defined in the Judges' Pensions Act 1971 and was, immediately before being so appointed, in receipt of a pension under that Act, that pension ceases on the appointment.

11—Acting Commissioner

  1. The Governor may appoint a person (who may be a Public Service employee) to act as the Commissioner during any period for which—

    (a)no person is for the time being appointed as the Commissioner or the Commissioner is absent from, or unable to discharge, official duties; and

    (b)no person is for the time being appointed as the Deputy or the Deputy is absent from, or unable to discharge, official duties.

  2. The terms and conditions of appointment are to be determined by the Governor, except that the person may not act as the Commissioner for more than 6 months in aggregate in any period of 12 months.

  3. A person appointed to act as the Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.

12—Employees

  1. The Commission may engage employees on terms and conditions determined by the Commissioner.

  2. The employees are not Public Service employees but are to be taken to be public sector employees, employed by the Commission, for the purposes of the Public Sector (Honesty and Accountability) Act 1995 and section 74 of the Public Sector Act 2009.

13—Use of services or staff of other government entities

  1. The Commission may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.

  2. The Commission may, under an arrangement established by the Commissioner of Police, make use of members of South Australia Police, special constables or the services of South Australia Police.

  3. The Commission may, under an arrangement established by the Director of Public Prosecutions, make use of the services or staff of the Office of the Director of Public Prosecutions.

14—Examiners and investigators

  1. The Commissioner may appoint suitable persons to be examiners or investigators for the purposes of this Act.

  2. An appointment may be made subject to conditions specified in the instrument of appointment.

  3. The Commissioner may, at any time, revoke an appointment of a person or vary or revoke a condition of appointment or impose a further condition of appointment.

  4. A police officer or special constable seconded to assist the Commission is an investigator.

(4a)Unless otherwise agreed, by instrument in writing, between the Commissioner and the Commissioner of Police, a police officer or special constable seconded to assist the Commission may continue to exercise all powers and authorities vested in the person by or under the Police Act 1998, or another Act or law, as a member of South Australia Police or constable in the exercise of functions and powers under this Act during the period of secondment (and section 67(3) of the Police Act 1998 does not apply in relation to the secondment).

  1. An investigator who is not a police officer or special constable must be issued with an identity card—

    (a)containing the person's name and a photograph of the person; and

    (b)stating that the person is an investigator under this Act.

  2. If the powers of an investigator have been limited by conditions, the identity card issued to the investigator must indicate those limitations.

  3. An investigator must, at the request of a person in relation to whom the investigator intends to exercise powers under this Act, produce for the inspection of the person—

    (a)in the case of an investigator who is a police officer or special constable and is not in uniform—an official card, document or badge identifying the person as a police officer or special constable; or

    (b)in the case of an investigator appointed under this Act—his or her identity card.

15—Cooperation with law enforcement agencies

The Commission is to cooperate with other law enforcement agencies insofar as that is consistent with the proper conduct of its functions.

16—Delegation

  1. Subject to subsection (1a), the Commissioner may delegate to a person (including a person for the time being performing particular duties or holding or acting in a specified position) a function or power under this or any other Act.

(1a)The Commissioner—

(a)may only delegate a function or power under section 31 to an examiner; and

(b)may not delegate a prescribed function or power.

  1. A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

  2. A delegation—

    (a)must be by instrument in writing; and

    (b)may be absolute or conditional; and

    (c)does not derogate from the power of the delegator to act in a matter; and

    (d)is revocable at will.

Part 3—Office for Public Integrity

Division 1—Establishment and functions

17—Establishment of Office and functions

  1. The Office for Public Integrity continues in existence with the following functions:

    (a)to receive and assess complaints about public administration from members of the public;

    (b)to receive and assess reports about corruption, misconduct and maladministration in public administration from inquiry agencies, public authorities and public officers;

    (c)to refer complaints and reports to inquiry agencies, public authorities and public officers or to determine to take no action in accordance with this section.

  2. The Office is to be comprised of—

    (a)the Director of OPI; and

    (b)Public Service employees assigned to the Office.

  3. While a Public Service employee is assigned to the Office, directions given to the employee by the Director of OPI prevail over directions given to the employee by the chief executive of the administrative unit of the Public Service in which the employee is employed to the extent of any inconsistency.

18—Director of OPI

  1. There is to be a Director of OPI appointed by the Governor for a term not exceeding 7 years and on conditions determined by the Governor.

  2. A person appointed to be the Director of OPI is, at the end of a term of appointment, eligible for reappointment.

  3. A person is only eligible for appointment as the Director of OPI if the person—

    (a)is a legal practitioner of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State) or a former judge of the High Court of Australia, the Federal Court of Australia or the Supreme Court or any other court of a State or Territory of the Commonwealth; and

    (b)is not a judicial officer or member of an Australian Parliament.

  4. The Director of OPI must not, without the consent of the Attorney‑General, engage in any remunerated employment or undertaking outside official duties.

  5. The Governor may remove the Director of OPI from office for—

    (a)contravention of a condition of appointment; or

    (b)misconduct; or

    (c)failure or incapacity to carry out official duties satisfactorily.

  6. The office of Director of OPI becomes vacant if the holder—

    (a)dies; or

    (b)completes a term of office and is not reappointed; or

    (c)resigns by written notice to the Governor; or

    (d)is appointed to judicial office; or

    (e)is nominated for election as a member of an Australian Parliament; or

    (f)becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or

    (g)is convicted of—

    (i)an indictable offence against the law of this State; or

    (ii)an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or

    (iii)an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding subparagraph; or

    (h)is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

    (i)is removed from office by the Governor under subsection (5).

  7. Except as is provided by this section, the Director of OPI may not be removed from office, nor will the office of the Director of OPI become vacant.

  8. The Director of OPI is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.

Division 2—Complaints and reports

18A—Complaints system

  1. A system for the receipt of complaints about public administration is to be established for the Office by the Director of OPI.

  2. The system must permit the making of complaints relating to matters that are (in the opinion of the Director of OPI) sensitive, complex or of significant public interest to be made in person to a member of the Office.

  3. The system must ensure that the Office gives consideration to the motives of a complainant and that complaints that are apparently made in bad faith, for an improper purpose, are vexatious or that otherwise amount to an abuse of the complaints system are not received for consideration by the Office.

18B—Reporting system

  1. The Director of OPI must prepare directions and guidelines governing reporting to the Office of matters that an inquiry agency, public authority or public officer reasonably suspects involves corruption in public administration.

  2. The directions and guidelines—

    (a)must include provisions specifying the matters required to be reported and guidance as to how they should be reported; and

    (b)may require matters to be reported even if the matter has been referred to the inquiry agency, public authority or public officer under another Act; and

    (c)must be made available free of charge on the Internet, and at premises established for the receipt of complaints or reports by the Office, for inspection by members of the public.

  3. The directions and guidelines must not require—

    (a)a public officer to report to the Office any information that is subject to legal professional privilege or parliamentary privilege; or

    (b)a judicial officer to report to the Office any information that has been received by the judicial officer in the exercise of their judicial functions; or

    (c)a member of Parliament to report to the Office any information that has been received by the member in the exercise of their functions as a member of Parliament.

  4. An inquiry agency, public authority or public officer—

    (a)must make reports to the Office in accordance with the directions; and

    (b)may report to the Office any matter that the agency, authority or officer reasonably suspects involves corruption in public administration.

  5. The Attorney‑General may, in any event, report such matters to the Office for consideration as the Attorney‑General considers appropriate.

18C—Obstruction of complaint or report

A person must not—

(a)prevent another person from making a complaint or report under this Act about a matter that may involve corruption in public administration; or

(b)hinder or obstruct another person in making such a complaint or report.

Maximum penalty: $10 000 or imprisonment for 2 years.

18D—False or misleading statements in complaint or report etc

A person must not—

(a)make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided in a complaint or report; or

(b)make a complaint or report knowing that there are no grounds for the making of the complaint or report.

Maximum penalty: $10 000 or imprisonment for 2 years.

Division 3—Assessment

18E—Assessment of complaint or report

  1. On receipt by the Office of a complaint or report, the matter must be assessed as to whether—

    (a)it raises a potential issue of corruption in public administration that could be the subject of a prosecution and should be referred to the Commission; or

    (b)it raises some other issue that should be referred to another inquiry agency; or

    (c)it is trivial, vexatious or frivolous, it has previously been dealt with by an inquiry agency or a public authority and there is no reason to reexamine it or there is other good reason why no action should be taken in respect of it,

    and a determination made as to whether or not action should be taken to refer the matter to a law enforcement agency or an inquiry agency.

  2. An inquiry agency may also require the Office to assess, according to the criteria set out in subsection (1), any other matter identified by them in the course of performing functions under any Act.

  3. The Office may, for the purpose of assessing a matter, by written notice, require a public authority or public officer—

    (a)to produce a specified document or a document relating to a specified matter; or

    (b)to produce a written statement of information about a specified matter or to answer specified questions, within a specified period and in a specified form, verified if the written notice so requires by statutory declaration.

  4. A person must not refuse or fail to comply with a requirement of a notice under subsection (3).

    Maximum penalty: $10 000 or imprisonment for 2 years.

Division 4—Referrals

18F—Action that may be taken following assessment

  1. Following an assessment the Office may take action in relation to a matter as follows:

    (a)if the matter is assessed as raising a potential issue of corruption in public administration that could be the subject of a prosecution, the matter must be referred to the Commission;

    (b)if the matter is assessed as raising other issues that should be dealt with by an inquiry agency, the matter must be referred, or the complainant or reporting agency advised to refer the matter, to the agency.

  1. The same matter, or different aspects of the same matter, may be dealt with contemporaneously under more than 1 paragraph of subsection (1).

  2. The making of an assessment, and whether action is taken, and what action is taken, by the Office in respect of the assessment is at the absolute discretion of the Director of OPI.

  3. A matter may be dealt with under this section even if it is a matter referred to an inquiry agency or a public authority under another Act.

  4. Subject to subsection (6) and any directions by the Director of OPI, reasonable steps must be taken to ensure that a complainant or reporting agency receives an acknowledgment of the complaint or report and is informed as to the action, if any, taken in respect of the matter.

  5. If the Office has determined that no action should be taken in relation to a complaint in accordance with section 18E(1)(c), the Office must notify the complainant of that determination as soon as practicable after the determination is made.

18G—Referral to inquiry agency

The Office must, before referring a matter to an inquiry agency, take reasonable steps to obtain the views of the agency as to the referral.

Part 4—Procedures and powers of Commission

Division 2—Investigations

24—Action that may be taken

  1. If a matter is assessed as raising a potential issue of corruption in public administration that could be the subject of a prosecution and is referred to the Commission, the matter must be—

    (a)investigated by the Commission; or

    (b)referred to South Australia Police or other law enforcement agency.

  2. Whether action is taken, and what action is taken, in respect of a matter that has been referred to the Commission is at the absolute discretion of the Commissioner.

  3. Subject to any directions of the Commissioner, reasonable steps must be taken to ensure that a complainant or reporting agency is informed as to the action, if any, taken by the Commission in respect of the matter.

25—Public statements

  1. The Office must not make any public statement that discloses, or contains information from which a person could infer, that a particular matter is, is proposed to be or was the subject of a complaint or report under this Act.

  2. The Commission must not make any public statement that discloses, or contains information from which a person could infer, that a particular matter is being or is proposed to be investigated under this Act.

  3. After an investigation of a particular matter under this Act has concluded—

    (a)if the matter has been referred to any law enforcement agency, inquiry agency or public authority—the Commission must not make any public statement that discloses, or contains information from which a person could infer, that the matter has been the subject of an investigation under this Act (except in a report that complies with section 42); or

    (b)in any other case—if the Commissioner is satisfied that no criminal proceedings, proceedings for the imposition of a penalty or disciplinary action will be commenced as a result of the investigation, the Commission may make a public statement in relation to the matter.

  4. The Commission must, before making any public statement under subsection (3)(b), have regard to the following:

    (a)the benefits that might be derived from making the statement;

    (b)whether the statement is necessary in order to allay public concern or to prevent or minimise the risk of prejudice to the reputation of a person;

    (c)the risk of prejudicing the reputation of a person by making the statement;

    (d)if an allegation against a person has been made public and, in the opinion of the Commissioner following an investigation, the person is not implicated in corruption in public administration—whether the statement would redress prejudice caused to the reputation of the person as a result of the allegation having been made public;

    (e)whether any person has requested that the Commission make the statement.

  5. For the avoidance of doubt—

    (a)nothing in this section affects the provision of information to the Crime and Public Integrity Policy Committee of the Parliament;

    (b)a public statement must not include any findings or suggestions of criminal or civil liability and must not include any findings that, if proved to the requisite standard by a court, would constitute a criminal offence or a civil wrong.

26—Standard operating procedures

  1. The Commission must prepare standard operating procedures governing the exercise of powers by investigators for the purposes of an investigation into corruption in public administration.

  2. The standard operating procedures must—

    (a)include provisions designed to ensure that persons in relation to whom powers are to be exercised under this Act are provided with appropriate information about their rights, obligations and liabilities under this Act; and

    (b)be made available free of charge on the Internet, and at premises established for the receipt of complaints or reports by the Office, for inspection by members of the public.

  3. Contravention of the operating procedures constitutes a ground for suspending, dismissing or taking other disciplinary action against the investigator (but the validity of the exercise of a power cannot be questioned on the ground of contravention of the operating procedures).

27—Management of investigation

  1. If the Commission decides to investigate a potential issue of corruption in public administration, the Commissioner must oversee the investigation.

  2. The Commissioner—

    (a)may determine to head the investigation himself or herself or appoint the Deputy Commissioner or an examiner to head the investigation and report to the Commissioner; and

    (b)may appoint 1 or more legal practitioners to assist as counsel in relation to the investigation.

28—Production of statement of information

For the purposes of an investigation into corruption in public administration, the person heading the investigation may, by written notice, require an inquiry agency, public authority or public officer to produce a written statement of information about a specified matter, or to answer specified questions, within a specified period and in a specified form, verified if the person so requires by statutory declaration.

29—Examination and production of documents and other things

  1. An examination may be conducted for the purposes of an investigation into corruption in public administration as set out in Schedule 2.

  2. A person may be required to produce a document or thing for the purposes of an investigation into corruption in public administration as set out in Schedule 2.

29A—Power to authorise inspection of financial records etc

  1. For the purposes of an investigation into corruption in public administration, the Commissioner may, by written notice, authorise an investigator to inspect and take copies of financial records.

  2. A copy of an authorisation under this section must be served on the relevant deposit holder not less than 3 clear days before the inspection is to occur, unless the Commissioner otherwise directs.

  3. An investigator may, for the purpose of inspecting and taking copies of financial records in accordance with an authorisation under this section, give directions to, or impose requirements on, the deposit holder or an officer or employee of the deposit holder.

  4. In this section—

    deposit holder means—

    (a)an ADI; or

    (b)a friendly society; or

    (c)a person or an organisation that holds money in accounts on behalf of other persons; or

    (d)a person who carries on business as a pawnbroker; or

    (e)an institution of a kind declared by regulation to be a deposit holder;

    financial records means any of the following in the possession or control of a deposit holder:

    (a)books of account, accounts, and accounting records (including working papers and other documents necessary to explain the methods and calculations by which accounts are made up);

    (b)books, diaries, or other records used in the course of carrying on the business of a deposit holder;

    (c)cheques, bills of exchange, promissory notes, deposit slips, orders for the payment of money, invoices, receipts and vouchers;

    (d)securities, and documents of title to securities,

    and includes such records kept in electronic form.

30—Power to require person to disclose identity

For the purposes of an investigation into corruption in public administration, an investigator may require a person who the investigator reasonably suspects has committed, is committing, or is about to commit, a prescribed offence, or may be able to assist an investigation of a prescribed offence, to state all or any of the person's personal details and to produce evidence of those details.

31—Enter and search powers under warrant

  1. The Commissioner may, on application by an investigator or on his or her own initiative, issue a warrant authorising an investigator or a police officer to enter and search—

    (a)a place occupied or used by an inquiry agency, public authority or public officer; or

    (b)a vehicle owned or used by an inquiry agency, public authority or public officer.

  2. A judge of the Supreme Court may, on application by an investigator, issue a warrant authorising an investigator or a police officer to enter and search any place or vehicle.

  3. A warrant may only be issued if the Commissioner or the judge is satisfied that the warrant is reasonably required in the circumstances for the purposes of an investigation into a potential issue of corruption in public administration.

  4. An application for a warrant may be made personally or, if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and attend in person, by fax, email or telephone in accordance with practices and procedures prescribed, in the case of an application to the Commissioner, by the regulations and, in the case of an application to a judge of the Supreme Court, by rules of the court.

  5. The grounds of an application for a warrant must be verified—

    (a)if the application is made to the Commissioner—by statutory declaration; or

    (b)if the application is made to a judge of the Supreme Court—by affidavit.

  6. A warrant must—

    (a)specify the place or vehicle to which the warrant relates; and

    (b)state whether entry is authorised at any time of the day or night or during specified hours of the day or night.

  7. A warrant authorises an investigator or a police officer—

    (a)to enter and search and, if necessary, use reasonable force to break into or open—

    (i)the place or vehicle to which the warrant relates; or

    (ii)part of, or anything in or on, a place or vehicle to which the warrant relates; and

    (b)to give directions with respect to the stopping or movement of a vehicle to which the warrant relates; and

    (c)in the course of executing the warrant—

    (i)to take photographs, films or audio, video or other recordings; and

    (ii)to examine, copy or take extracts from a document connected with the investigation or any other investigation into corruption in public administration; and

    (iii)to examine or test any thing connected with the investigation or any other investigation into corruption in public administration, or cause or require it to be examined or tested; and

    (iv)if the investigator or police officer reasonably suspects that a person who is or has been on or in the place or vehicle has on or about his or her body evidence of a prescribed offence, to search the person; and

    (v)to seize and retain anything that the investigator or police officer reasonably suspects has been used in, or may constitute evidence of, a prescribed offence, or issue a retention order in respect of such a thing requiring that it not be removed or interfered with without the approval of an investigator; and

    (vi)to seize and retain anything that the investigator or police officer reasonably suspects has been used in, or may constitute evidence of, an offence other than a prescribed offence, or issue a retention order in respect of such a thing requiring that it not be removed or interfered with without the approval of an investigator, if the investigator or police officer reasonably believes that it is necessary to do so in order to prevent its concealment, loss, mutilation or destruction or its use in committing such an offence.

  8. In executing a warrant, the investigator or police officer may be assisted by such persons as the investigator or police officer considers necessary in the circumstances.

  9. An investigator or police officer may require an occupier of a place or a person apparently in charge of a document or thing to give to an investigator or police officer, or a person assisting an investigator or police officer, such assistance as is reasonably required by the investigator or police officer for the effective execution of a warrant.

  10. In searching a person under this section, the investigator or police officer—

    (a)may run his or her hands over the person's outer clothing; and

    (b)may require the person to remove a coat, jacket, hat or shoes the person is wearing, and may run his or her hands over the person's remaining outer clothing; and

    (c)if the investigator or police officer sees or detects any thing that he or she reasonably suspects is, or contains, evidence of a prescribed offence, may require the person to surrender that item for inspection; and

    (d)may use reasonable force to remove an item from a person if the person does not comply with a requirement to remove or surrender the item under paragraph (b) or (c); and

    (e)may inspect an item that a person has removed or surrendered, or that has been removed from a person; and

    (f)must conduct the search in a manner that affords, to the extent that the circumstances of the search permit, reasonable privacy to the person being searched; and

    (g)must conduct the search as quickly as is reasonably practicable in the circumstances of the search.

  11. A search must be conducted by a person of the same sex as the person being searched unless it is not reasonable or practicable to do so in the circumstances of the search.

  12. A warrant, if not executed at the expiration of 1 month from the date of its issue, then expires.

  13. The Supreme Court may make rules of court providing for the Chief Justice to determine the judge to whom an application is to be made or otherwise regulating practice and procedure for the purposes of this section.

  14. The provisions set out in Schedule 3 apply in relation to a warrant under this section.

32—Seizure and retention order procedures

  1. A retention order under section 31—

    (a)must be in the form of a written notice given to the owner or person apparently in control of the thing to which the order relates; and

    (b)may be varied or discharged by further such written notice.

  2. If a retention order is issued, a person who, knowing of the order, removes or interferes with the thing to which the order relates without the approval of the Commissioner or an investigator before the thing is dealt with under this section or the retention order discharged is guilty of an offence.

    Maximum penalty: $5 000.

  3. Subject to this section, if any thing has been made the subject of a retention order under section 31, the following provisions apply:

    (a)if proceedings are not instituted for an offence relating to the thing within the designated period after the issuing of the retention order, the retention order is taken to have been discharged on the expiration of the designated period;

    (b)if proceedings for an offence relating to the thing are instituted within the designated period after the issuing of the retention order, the court dealing with the proceedings may order that it be forfeited to the Crown (but if no such order is made, the retention order is taken to have been discharged);

    (c)if the Commissioner or an investigator subsequently determines that the thing should be seized, an investigator may, without warrant, enter and search and, if necessary, use reasonable force to break into or open—

    (i)the place at which, or vehicle in which, the thing is reasonably suspected to be located; or

    (ii)part of, or anything in or on, a place at which, or vehicle in which, the thing is reasonably suspected to be located,

    and may seize and retain the thing (and section 31(8) and (9) apply to the exercise of such powers as if the powers were being exercised pursuant to a warrant under that section).

(3a)If any thing has been seized under section 31 or under subsection (3)(c), the following provisions apply:

(a)the thing must be held pending proceedings for an offence relating to the thing seized, unless the Commissioner, on application, authorises its release to the person from whom it was seized, or to a person who had legal title to it at the time of its seizure, subject to such conditions as the Commissioner thinks fit;

(b)if proceedings for an offence relating to the thing are instituted, the court dealing with the proceedings may order—

(i)that it be forfeited to the Crown; or

(ii)that a person to whom it was released under paragraph (a) or the defendant pay to the Attorney‑General an amount equal to its market value at the time of its seizure as the court thinks fit; or

(iii)that it be released to any person.

  1. In this section—

    designated period means 2 years or such longer period as a judge of the Supreme Court may, on application by the Commissioner, allow.

33—Obstruction

  1. A person must not—

    (a)refuse or fail to provide a statement of information as required by the person heading an investigation; or

    (b)include information in a statement of information knowing that it is false or misleading in a material particular; or

    (c)without lawful excuse, refuse or fail to comply with a requirement or direction of an investigator under this Act; or

    (d)alter, destroy, conceal or fabricate a document or other thing knowing that it is or is likely to be required by an investigator performing functions under this Act; or

    (e)otherwise hinder or obstruct an investigator, or a person assisting an investigator, in the performance of his or her functions.

    Maximum penalty: $10 000 or imprisonment for 2 years.

  2. An investigator may arrest a person without warrant if the investigator reasonably suspects that the person has committed, is committing, or is about to commit, an offence against subsection (1) and—

    (a)when required to do so by an investigator the person failed to state truthfully his or her personal details or to produce true evidence of those details; or

    (b)the investigator has reasonable grounds for believing that the person would, if not arrested—

    (i)fail to attend court in answer to a summons issued in respect of the offence; or

    (ii)continue the offence or repeat the offence; or

    (iii)alter, destroy, conceal or fabricate evidence relating to the offence; or

    (iv)intimidate, harass, threaten or interfere with a person who may provide or produce evidence of the offence.

  3. On arresting a person under this section, the investigator must immediately deliver the person, or cause the person to be delivered, into the custody of a police officer (and the person will, for the purposes of any other law, then be taken to have been apprehended by the police officer without warrant).

34—Limiting action by other agencies and authorities

  1. The Commission may, by written notice, require a South Australian law enforcement agency, inquiry agency or public authority to refrain from taking action, in respect of a particular matter being investigated by the Commission under this Act or to conduct a joint investigation with the Commission in respect of a particular matter (and the agency or authority must comply with the requirement even if the agency or authority is otherwise required or authorised to take action under another Act).

  1. The notice must specify the period for which it is to apply and set out details of the action that is not to be taken or the requirements governing any joint investigation.

  2. The Commission must consider any comments of the agency or authority with respect to the terms of the notice.

35—Injunction to refrain from conduct pending investigation

  1. The Supreme Court may, on application made by the Commission (in a case where section 34 does not apply or the Commission does not consider it appropriate to issue a notice under that section), grant an injunction restraining a person from engaging in conduct that is the subject of, or affects the subject matter of, an investigation or proposed investigation by the Commission.

  2. The Supreme Court must not grant an injunction under this section unless it is satisfied—

    (a)that the conduct sought to be restrained is likely to impede the investigation or proposed investigation; or

    (b)that it is necessary in the public interest to do so.

36—Prosecutions and disciplinary action

  1. On completing an investigation or at any time during an investigation, the Commission may do either or both of the following:

    (a)refer a matter to the relevant law enforcement agency for further investigation and potential prosecution;

    (b)refer a matter to a public authority for further investigation and potential disciplinary action against a public officer for whom the authority is responsible.

(1a)For the avoidance of doubt, the Commission must not refer a matter directly to a prosecution authority but may only refer it to a law enforcement agency who will be responsible for any further investigation and prosecution of the matter.

  1. The Commission may disclose to the relevant law enforcement agency or public authority any evidence or information that the Commission has in respect of the matter.

  2. The Commission need not obtain the views of a public authority before referring a matter under this section.

  3. If a matter is referred to a public authority under subsection (1)(b), the Commission may give directions or guidance to the authority, which may include (without limitation)—

    (a)a requirement that the authority submit a report or reports on action taken in respect of the matter as set out in the directions; and

    (b)a recommendation as to the action that should be taken by the authority and the period within which it should be taken.

  4. The Commission may not give directions to the Governor or a judicial officer or to the Attorney‑General in relation to a matter concerning the Governor or a judicial officer.

  5. The Commission may not give directions to a House of Parliament or the Joint Parliamentary Service Committee in relation to a matter concerning a public officer.

  6. The Commission may at any time—

    (a)revoke a referral to a public authority; or

    (b)revoke or vary directions or guidance given to a public authority or give further directions or guidance,

    as the Commission sees fit.

  7. If—

    (a)a referral of a matter by the Commission under this section included a requirement that the public authority submit a report or reports on action taken in respect of the matter; and

    (b)the Commission is not satisfied that a public authority has duly and properly taken action in relation to the matter,

    the Commission must inform the authority of the grounds of the Commission's dissatisfaction and give the authority an opportunity to comment within a specified time.

  8. If, after considering any comments received from the public authority within the specified time, the Commission is still not satisfied, the Commission may submit a report to the Minister responsible for the authority setting out the grounds of dissatisfaction, together with any comments from the authority.

  9. If, after considering any comments received from the Minister responsible for the public authority within 21 days after the report was submitted to the Minister, the Commission is still not satisfied, the Commission may provide to the President of the Legislative Council and the Speaker of the House of Assembly a report setting out the grounds of dissatisfaction.

  10. The President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.

36A—Determination of Commission's jurisdiction

If—

(a)an investigation has been commenced or is proposed under this Act; and

(b)a question arises as to whether the Commission has jurisdiction to conduct the investigation,

the Supreme Court may, on the application of the Commission, a public officer or a public authority, determine the question and make any orders necessary to give effect to the determination.

39—Request for Auditor‑General to examine accounts

The Commission may, if the Commission considers it appropriate in respect of any matter subject to investigation or referral under this Act, request the Auditor‑General to conduct an examination of accounts under the Public Finance and Audit Act 1987.

39A—Information to be provided

If—

(a)on completing the investigation of a matter involving potential issues of corruption in public administration, the Commission determines not to refer the matter to a relevant law enforcement agency or to a public authority; or

(b)a relevant law enforcement agency or public authority to whom a matter is referred by the Commission determines not to further investigate or deal with the matter,

reasonable steps must be taken by the Commission, or by the agency or authority (as the case may be), to ensure that each person who was the subject of the investigation is informed of that determination as soon as practicable.

Division 3—Evaluation of agency or authority practices

40—Evaluation of practices, policies and procedures

  1. If, in performing the Commission's functions, the Commission decides to evaluate the practices, policies and procedures of an inquiry agency or public authority in relation to corruption, or matters relating to corruption, the Commission must inform the agency or authority as to the nature and timing of the evaluation.

  2. An inquiry agency or public authority must assist the Commission in the conduct of the evaluation as requested by the Commission.

  3. The Commission must prepare a report of the evaluation and provide a copy to the President of the Legislative Council and the Speaker of the House of Assembly.

  4. The President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.

  5. The Commission may not evaluate the practices, policies and procedures of a House of Parliament or a judicial body.

Division 4—Recommendations and reports by Commission

41—Recommendations

  1. On conducting an evaluation or in response to issues observed by the Commission in the course of an investigation or the handling of a matter referred to an inquiry agency or public authority, the Commission may recommend to an inquiry agency or public authority that the agency or authority—

    (a)change practices, policies or procedures in a specified way or review practices, policies or procedures to achieve specified outcomes; or

    (b)conduct, or participate in, specified educational programs or educational programs designed to achieve specified outcomes.

  2. The Commission must prepare a report containing the recommendations and provide a copy to the President of the Legislative Council and the Speaker of the House of Assembly.

  3. The President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.

  4. If the Commission is not satisfied that an inquiry agency or public authority has complied with the recommendations of the Commission, the Commission must inform the agency or authority of the grounds of the Commission's dissatisfaction and give the agency or authority an opportunity to comment within a specified time.

  5. If, after considering any comments received from the inquiry agency or public authority within the specified time, the Commission is still not satisfied, the Commission may submit a report to the Minister responsible for the agency or authority setting out the grounds of dissatisfaction, together with any comments from the agency or authority.

  6. If, after considering any comments received from the Minister responsible for the inquiry agency or public authority within 21 days after the report was submitted to the Minister, the Commission is still not satisfied, the Commission may provide to the President of the Legislative Council and the Speaker of the House of Assembly a report setting out the grounds of dissatisfaction.

  7. The President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.

42—Reports

  1. The Commission may prepare a report setting out (subject to subsection (1a))—

    (a)recommendations, formulated in the course of the performance of the Commission's functions, for the amendment or repeal of a law; or

    (b)findings or recommendations resulting from completed investigations by the Commission in respect of matters raising potential issues of corruption in public administration; or

    (c)other matters arising in the course of the performance of the Commission's functions that the Commission considers to be in the public interest to disclose.

(1a)The Commission must not—

(a)prepare a report under this section setting out findings or recommendations resulting from a completed investigation into a potential issue of corruption in public administration unless—

(i)all criminal proceedings arising from that investigation are complete; or

(ii)the Commission is satisfied that no criminal proceedings will be commenced as a result of the investigation, in which case the report must not identify any person involved in the investigation; or

(b)prepare a report under this section that includes any findings or suggestions of criminal or civil liability and must not include any findings that, if proved to the requisite standard by a court, would constitute a criminal offence or a civil wrong.

  1. A copy of the report must be provided—

    (a)in the case of a report of a kind referred to in subsection (1)(b)—to the public authority responsible for any public officer to whom the report relates and to the Minister responsible for that public authority; and

    (b)in any case—to the Attorney‑General, the President of the Legislative Council and the Speaker of the House of Assembly.

  2. The President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after 28 days (or such shorter number of days as the Attorney‑General approves) have passed after receiving a report, lay it before their respective Houses.

Division 5—Miscellaneous

43—Referral of matter etc does not limit performance of functions

The Commission may perform functions or exercise powers in respect of a particular matter despite the referral of the matter for prosecution or investigation and prosecution, the institution of any proceedings before a judicial body or the charging of a person with an offence (but in such a case the Commission must endeavour to avoid, as far as practicable, prejudice to any person affected by the referral or proceedings or who is charged with the offence).

44—Public authority to assist with compliance by public officers

  1. A public authority must assist the public officers for whom it is responsible to comply with requirements and directions issued under this Act and, in particular, regard compliance as an official duty that may be performed during normal working hours.

  2. If a public officer attends at a place in accordance with a direction, or as reasonably required by a direction, issued under this Act, the officer—

    (a)will be taken not to be absent from work for the period for which the officer's attendance is required; and

    (b)will, if attendance necessitates the absence of the officer from the officer's usual place of employment, be entitled to be reimbursed from the funds of the public authority responsible for the officer for expenses in respect of travel, accommodation and meals in accordance with rates determined by the Commission.

Part 5—Accountability

45—Annual reports by Office and Commission

  1. The Director of OPI must, before 30 September in each year, prepare a report on the operations of the Office.

  2. The report of the Director of OPI must—

    (a)relate to the financial year preceding the making of the report; and

    (b)describe—

    (i)the number and general nature of complaints and reports received by the Office; and

    (ii)the number and general nature of matters referred for investigation to the Commissioner of Police or other law enforcement agency; and

    (iii)the number and general nature of matters referred to an inquiry agency or public authority; and

    (c)deal with any other matters stipulated by the regulations.

  3. The Commission must, before 30 September in each year, prepare a report on the operations of the Commission.

  4. The report of the Commission must—

    (a)relate to the financial year preceding the making of the report; and

    (b)describe—

    (i)the number and general nature of matters investigated by the Commission; and

    (ii)the number of warrants issued by the Commission and by judges of the Supreme Court; and

    (iii)the number of examinations conducted; and

    (iv)the extent to which investigations have resulted in prosecutions or disciplinary action; and

    (v)the number and general nature of matters referred for investigation to the Commissioner of Police or other law enforcement agency; and

    (vi)the number and general nature of occasions on which public statements have been made by the Commission; and

    (vii)the number and general nature of matters referred to an inquiry agency or public authority; and

    (viii)the number and general nature of directions or guidance given in referring matters under this Act; and

    (ix)the number and general nature of requests for examinations of accounts by the Auditor‑General; and

    (x)the number and general nature of recommendations made to an inquiry agency or public authority by the Commission; and

    (xi)the number and general nature of reports made to the Attorney‑General, President of the Legislative Council or Speaker of the House of Assembly; and

    (xii)a description of the activities carried out in relation to its evaluation and educational functions; and

    (c)deal with any other matters stipulated by the regulations.

  5. A copy of a report under this section must be delivered to the President of the Legislative Council and the Speaker of the House of Assembly.

  6. The President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.

46—Reviews

Reviews must be conducted in accordance with Schedule 4.

47—Crime and Public Integrity Policy Committee

The Commission must ensure that a copy of each annual report and other public report prepared by the Commission under this Act is promptly delivered to the Crime and Public Integrity Policy Committee established under the Parliamentary Committees Act 1991.

48—OPI and Commission websites

  1. The Commission must maintain a website for the purposes of this Act and include on it—

    (a)information about the educational programs conducted or facilitated by the Commission; and

    (b)information about the evaluations of practices, policies and procedures of inquiry agencies and public authorities conducted by the Commission; and

    (c)information about the other functions of the Commission; and

    (d)the Commission's standard operating procedures; and

    (e)the reports prepared under section 41; and

    (f)the reports prepared under section 42; and

    (g)the Commission's annual reports; and

    (h)information about the Inspector under Schedule 4 and the manner in which a complaint can be made to the Inspector; and

    (i)the reports on annual reviews laid before Parliament in accordance with Schedule 4; and

    (j)information designed to assist in preventing or minimising corruption in public administration or other material, as considered appropriate by the Commission.

  2. The Office must maintain a website for the purposes of this Act and include on it—

    (a)information about the functions of the Office; and

    (b)information about how to make a complaint to the Office; and

    (c)the Office's annual reports; and

    (d)information about the Inspector under Schedule 4 and the manner in which a complaint can be made to the Inspector; and

    (e)the reports on annual reviews laid before Parliament in accordance with Schedule 4; and

    (f)other material, as considered appropriate by the Office or as prescribed by the regulations.

49—Provision of information to Attorney‑General

  1. The Commissioner and the Director of OPI must keep the Attorney‑General informed of the general conduct of the functions of the Commission and the Office and, if the Attorney‑General so requests, provide information to the Attorney‑General relevant to the performance of the functions of the Commission or the Office (but not information identifying or about a particular matter subject to assessment, investigation or referral under this Act).

  2. However, if the Commissioner or the Director of OPI is of the opinion that to provide information as requested by the Attorney‑General would compromise the proper performance of the Commission's functions or the Office's functions (as the case may be), they may instead provide to the Governor a detailed written explanation of the reasons for that opinion.

Part 6—Miscellaneous

50—No obligation on persons to maintain secrecy

No obligation to maintain secrecy or other restriction on the disclosure of information applies for the purposes of a complaint, report, assessment, investigation or referral under this Act, except an obligation or restriction designed to keep the identity of an informant secret.

51—Arrangements for provision of information by Commissioner of Police

The Commissioner of Police is to enter into arrangements with the Commissioner under which the Commission is given access to confidential information and databases for the purposes of assessments and investigations under this Act and for appropriate protection of the confidentiality of the information accessed.

52—Commission to be regarded as law enforcement body

The Commission is, for the purposes of any other Act, to be regarded as a body established for law enforcement purposes (however described).

53—Impersonation

A person must not falsely represent, by words or conduct, that they are a member of the Commission.

Maximum penalty: $5 000 or imprisonment for 1 year.

54—Confidentiality

  1. Except as required or authorised by this Act or by the Commissioner or the Director of OPI, a person who is or has been engaged in the administration of this Act must not, directly or indirectly, disclose information in relation to or connected with a matter that forms or is the subject of a complaint, report, assessment, investigation, referral or evaluation under this Act.

    Maximum penalty: $2 500 or imprisonment for 6 months.

  2. Despite subsection (1), a person engaged in the administration of this Act may disclose information—

    (a)for the purposes of the administration or enforcement of this Act; or

    (b)for the purposes of referring a matter in accordance with this Act to a law enforcement agency, inquiry agency, public authority or public officer; or

    (c)for the purposes of a criminal proceeding or a proceeding for the imposition of a penalty; or

    (d)for the performance of the functions of the Office or the Commission under another Act; or

    (e)as otherwise required or authorised by this or another Act.

City of Adelaide Act 1998

Correctional Services Act 1982

Criminal Investigation (Covert Operations) Act 2009

Criminal Law Consolidation Act 1935

Criminal Law (Forensic Procedures) Act 2007

Defamation Act 2005

Freedom of Information Act 1991

Legal Practitioners Act 1981

Listening and Surveillance Devices Act 1972

Local Government Act 1999

Ombudsman Act 1972

Parliamentary Committees Act 1991

Police Act 1998

Police (Complaints and Disciplinary Proceedings) Act 1985

Protective Security Act 2007

Public Finance and Audit Act 1987

Public Sector Act 2009

Shop Theft (Alternative Enforcement) Act 2000

Summary Offences Act 1953

Terrorism (Preventative Detention) Act 2005

Whistleblowers Protection Act 1993

Witness Protection Act 1996

Principal Act and amendments

New entries appear in bold.

Year No Title Assent Commencement
2012 52 Independent Commissioner Against Corruption Act 2012 6.12.2012 20.12.2012 (Gazette 20.12.2012 p5742) except ss 3—61, Schs 1, 2 & Sch 3 Pts 4—7, 9, 10 (cll 19 & 20), 11, 13—15, 19, 22, 24 (cl 76) & 25 (cl 79)—1.9.2013 (Gazette 23.5.2013 p2006) and except Sch 3 Pt 2—24.11.2014 (Gazette 20.11.2014 p6477)
2014 20 Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2014 27.11.2014 Pt 2 (ss 4—28) & Sch 1 (cl 3)—27.11.2014 (Gazette 27.11.2014 p6554)
2015 34 Judicial Conduct Commissioner Act 2015 5.11.2015 Sch 1 (cl 7)—5.12.2016 (Gazette 29.11.2016 p4525)
2016 54 Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2016 24.11.2016 Pt 2 (ss 5(1), (2), 6(2), 8—10, 12, 13, 15—19, 22—24, new Sch 3 (as inserted by s 25) & Sch 1 (cll 4 & 5))—16.12.2016; ss 4, 5(3), 6(1), 7, 11 & 14—1.4.2017 (Gazette 15.12.2016 p4988); ss 20, 21 & new Sch 4 (as inserted by s 25)—15.7.2017 (Gazette 11.7.2017 p2847)
2016 60 Police Complaints and Discipline Act 2016 8.12.2016 Sch 1 (cll 13—17)—4.9.2017 (Gazette 29.8.2017 p3794)
2019 19 Education and Children's Services Act 2019 8.8.2019 Sch 1 (cl 10)—1.7.2020 (Gazette 11.6.2020 p3305)
2021 5 Statutes Amendment and Repeal (Budget Measures) Act 2021 25.2.2021 Pt 5 (s 14)—10.10.2022 (Gazette 29.9.2022 p6255)
2021 26 Statutes Amendment (Local Government Review) Act 2021 17.6.2021 Pt 7 (s 199)—will not be brought into operation
2021 38 Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 7.10.2021 Pt 2 (ss 4 to 58, 60 & Sch 1 (cll 65 to 76))—7.10.2021; s 59—5.12.2022 (Gazette 1.12.2022 p6755)

Provisions amended

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement
Long title amended under Legislation Revision and Publication Act 2002 27.11.2014
amended by 38/2021 s 4 7.10.2021
Pt 1
s 1 amended by 38/2021 s 5 7.10.2021
s 2 omitted under Legislation Revision and Publication Act 2002 27.11.2014
s 3
s 3(1) amended by 38/2021 s 6(1) 7.10.2021
s 3(2) substituted by 54/2016 s 4 1.4.2017
amended by 38/2021 s 6(2), (3) 7.10.2021
s 4
s 4(1) s 4 redesignated as s 4(1) by 54/2016 s 5(3) 1.4.2017
Commission inserted by 38/2021 s 7(1) 7.10.2021
Director of OPI inserted by 38/2021 s 7(2) 7.10.2021
inquiry agency (c) deleted by 54/2016 s 5(1) 16.12.2016
(b) deleted by 60/2016 Sch 1 cl 13(1) 4.9.2017
substituted by 38/2021 s 7(3) 7.10.2021
Judicial Conduct Commissioner inserted by 38/2021 s 7(4) 7.10.2021
law enforcement agency amended by 43/2016 s 5(2) 16.12.2016
(e) deleted by 60/2016 Sch 1 cl 13(2) 4.9.2017
publish substituted by 20/2014 s 4 27.11.2014
seconded inserted by 20/2014 s 4 27.11.2014
s 4(2) inserted by 54/2016 s 5(3) 1.4.2017
deleted by 38/2021 s 7(5) 7.10.2021
s 5
s 5(1) amended by 54/2016 s 6(1) 1.4.2017
(c) deleted by 38/2021 s 8(1) 7.10.2021
s 5(2) deleted by 38/2021 s 8(2) 7.10.2021
s 5(3) substituted by 38/2021 s 8(3) 7.10.2021
s 5(4) & (5) deleted by 38/2021 s 8(3) 7.10.2021
s 5(6) inserted by 54/2016 s 6(2) 16.12.2016
deleted by 38/2021 s 8(3) 7.10.2021
s 6 amended by 38/2021 s 9 7.10.2021
Pt 2
heading amended by 38/2021 s 10 7.10.2021
s 7
s 7(1) amended by 20/2014 s 5 27.11.2014
amended by 54/2016 s 7 1.4.2017
substituted by 38/2021 s 11(1) 7.10.2021
s 7(2) amended by 38/2021 s 11(2) 7.10.2021
s 7(3) deleted by 38/2021 s 11(3) 7.10.2021
s 7(4) amended by 38/2021 s 11(2), (4) & (5) 7.10.2021
s 7(5) amended by 38/2021 s 11(2), (6) 7.10.2021
s 7(6) inserted by 38/2021 s 11(7) 7.10.2021
s 8
s 8(1) amended by 38/2021 s 12(1) 7.10.2021
s 8(8) amended by 34/2015 Sch 1 cl 7(1) 5.12.2016
amended by 38/2021 s 12(2) 7.10.2021
s 8(8a) inserted by 34/2015 Sch 1 cl 7(2) 5.12.2016
deleted by 38/2021 s 12(3) 7.10.2021
s 12
s 12(1) amended by 38/2021 s 13(1) 7.10.2021
s 12(2) amended by 38/2021 s 13(2) 7.10.2021
s 13
s 13(1)—(3) amended by 38/2021 s 14 7.10.2021
s 14
s 14(4) amended by 38/2021 s 15(1) 7.10.2021
s 14(4a) inserted by 20/2014 s 6 27.11.2014
amended by 38/2021 s 15(2) 7.10.2021
s 15 amended by 38/2021 s 16(1), (2) 7.10.2021
s 16
s 16(1) substituted by 20/2014 s 7 27.11.2014
s 16(1a) inserted by 20/2014 s 7 27.11.2014
Pt 3 before substitution by 38/2021
s 17 amended by 54/2016 s 8 16.12.2016
amended by 60/2016 Sch 1 cl 14 4.9.2017
s 18
s 18(5) inserted by 54/2016 s 9 16.12.2016
Pt 3 substituted by 38/2021 s 17 7.10.2021
Pt 4
heading substituted by 38/2021 s 18 7.10.2021
Pt 4 Div 1 deleted by 38/2021 s 19 7.10.2021
Pt 4 Div 2
heading substituted by 38/2021 s 20 7.10.2021
Pt 4 Div 2 Subdiv 1
heading deleted by 38/2021 s 21 7.10.2021
s 23 before deletion by 38/2021
s 23(1) amended by 54/2016 s 10 16.12.2016
s 23(3) and (4) inserted by 20/2014 s 8 27.11.2014
s 23 deleted by 38/2021 s 22 7.10.2021
s 24
s 24(1) amended by 60/2016 Sch 1 cl 15 4.9.2017
amended by 38/2021 s 23(1), (2) 7.10.2021
s 24(2) amended by 20/2014 s 9(1), (2) 27.11.2014
amended by 54/2016 s 11(1), (2) 1.4.2017
(ab) deleted by 54/2016 s 11(2) 1.4.2017
substituted by 38/2021 s 23(3) 7.10.2021
s 24(3) substituted by 38/2021 s 23(3) 7.10.2021
s 24(4)—(8) deleted by 38/2021 s 23(3) 7.10.2021
s 25 amended by 20/2014 s 10 27.11.2014
substituted by 38/2021 s 24 7.10.2021
Pt 4 Div 2 Subdiv 2
heading substituted by 20/2014 s 11 27.11.2014
deleted by 38/2021 s 25 7.10.2021
s 26
s 26(1) amended by 38/2021 s 26 7.10.2021
s 27
s 27(1) amended by 38/2021 s 27 7.10.2021
s 28 amended by 20/2014 s 12 27.11.2014
s 29A inserted by 20/2014 s 13 27.11.2014
s 31
s 31(1) amended by 54/2016 s 12(1) 16.12.2016
s 31(2) substituted by 54/2016 s 12(2) 16.12.2016
s 31(7) amended by 54/2016 s 12(3)—(6) 16.12.2016
s 31(8)—(10) amended by 54/2016 s 12(7) 16.12.2016
s 31(14) before substitution by 54/2016
private place amended by 20/2014 s 14(1) 27.11.2014
private vehicle amended by 20/2014 s 14(2) 27.11.2014
s 31(14) substituted by 54/2016 s 12(8) 16.12.2016
s 32
s 32(3) substituted by 20/2014 s 15(1) 27.11.2014
s 32(3a) inserted by 20/2014 s 15(1) 27.11.2014
s 32(4)
designated period amended by 20/2014 s 15(2) 27.11.2014
s 34
s 34(1) and (3) amended by 38/2021 s 28 7.10.2021
s 35
s 35(1) amended by 38/2021 s 29 7.10.2021
s 36
s 36(1) s 36 redesignated as s 36(1) by 20/2014 s 16 27.11.2014
amended by 54/2016 s 13(1) 16.12.2016
amended by 38/2021 s 30(1) 7.10.2021
s 36(1a) inserted by 38/2021 s 30(2) 7.10.2021
s 36(2) inserted by 20/2014 s 16 27.11.2014
amended by 54/2016 s 13(2) 16.12.2016
amended by 38/2021 s 30(3) 7.10.2021
s 36(3)—(6) inserted by 20/2014 s 16 27.11.2014
amended by 38/2021 s 30(3) 7.10.2021
s 36(7) inserted by 20/2014 s 16 27.11.2014
substituted by 54/2016 s 13(3) 16.12.2016
amended by 38/2021 s 30(3) 7.10.2021
s 36(8) inserted by 20/2014 s 16 27.11.2014
substituted by 54/2016 s 13(3) 16.12.2016
amended by 38/2021 s 30(3), (4) 7.10.2021
s 36(9) & (10) inserted by 20/2014 s 16 27.11.2014
amended by 38/2021 s 30(3) 7.10.2021
s 36(11) inserted by 20/2014 s 16 27.11.2014
s 36A inserted by 38/2021 s 31 7.10.2021
Pt 4 Div 2 Subdiv 3 before deletion by 38/2021
heading substituted by 20/2014 s 17 27.11.2014
s 36A inserted by 20/2014 s 18 27.11.2014
s 36A(1) amended by 54/2016 s 14(1) 1.4.2017
s 36A(2) amended by 54/2016 s 14(2) 1.4.2017
s 37 before substitution by 54/2016
s 37(1) amended by 20/2014 s 19(1) 27.11.2014
s 37(5) deleted by 20/2014 s 19(2) 27.11.2014
s 37(6) (c) deleted by 20/2014 s 19(3) 27.11.2014
s 37 substituted by 54/2016 s 15 16.12.2016
s 38
s 38(1) amended by 20/2014 s 20 27.11.2014
amended by 54/2016 s 16(1) 16.12.2016
s 38(2) amended by 54/2016 s 16(1) 16.12.2016
s 38(3) and (4) amended by 54/2016 s 16(2) 16.12.2016
s 38(5) amended by 54/2016 s 16(1) 16.12.2016
s 38(6) and (7) substituted by 54/2016 s 16(3) 16.12.2016
s 38(7a) inserted by 54/2016 s 16(3) 16.12.2016
Pt 4 Div 2 Subdiv 3 deleted by 38/2021 s 32 7.10.2021
Pt 4 Div 2 Subdiv 4
heading deleted by 38/2021 s 33 7.10.2021
s 39 amended by 38/2021 s 34(1), (2) 7.10.2021
s 39A inserted by 38/2021 s 35 7.10.2021
Pt 4 Div 3
s 40
s 40(1) amended by 38/2021 s 36(1) 7.10.2021
s 40(2), (3) and (5) amended by 38/2021 s 36(2) 7.10.2021
Pt 4 Div 4
heading amended by 38/2021 s 37 7.10.2021
s 41
s 41(1) and (2) amended by 38/2021 s 38(1) 7.10.2021
s 41(4) amended by 38/2021 s 38(1), (2) 7.10.2021
s 41(5) and (6) amended by 38/2021 s 38(1) 7.10.2021
s 42
s 42(1) amended by 54/2016 s 17(1) 16.12.2016
substituted by 38/2021 s 39(1) 7.10.2021
s 42(1a) inserted by 54/2016 s 17(2) 16.12.2016
amended by 38/2021 s 39(2), (3) 7.10.2021
s 42(2) substituted by 54/2016 s 17(2) 16.12.2016
Pt 4 Div 5
s 43 amended by 20/2014 s 21 27.11.2014
substituted by 38/2021 s 40 7.10.2021
s 44
s 44(1) amended by 54/2016 s 18(1) 16.12.2016
s 44(2) amended by 54/2016 s 18(2) 16.12.2016
amended by 38/2021 s 41 7.10.2021
Pt 5
s 45 before substitution by 38/2021
s 45(2) amended by 20/2014 s 22 27.11.2014
amended by 54/2016 s 19 16.12.2016
amended by 60/2016 Sch 1 cl 16 4.9.2017
s 45 substituted by 38/2021 s 42 7.10.2021
s 46 substituted by 54/2016 s 20 15.7.2017
s 47 amended by 38/2021 s 43 7.10.2021
s 48 amended by 54/2016 s 21 15.7.2017
substituted by 38/2021 s 44 7.10.2021
s 49 substituted by 38/2021 s 44 7.10.2021
Pt 6
s 50 amended by 20/2014 s 23 27.11.2014
s 51 amended by 20/2014 s 24 27.11.2014
amended by 60/2016 Sch 1 cl 17 4.9.2017
amended by 38/2021 s 45 7.10.2021
s 52 amended by 38/2021 s 46 7.10.2021
s 53 amended by 38/2021 s 47 7.10.2021
s 54 before substitution by 54/2016
s 54(1) amended by 20/2014 s 25(1)—(3) 27.11.2014
s 54(2) substituted by 20/2014 s 25(4) 27.11.2014
s 54(3) and (4) deleted by 20/2014 s 25(4) 27.11.2014
s 54 substituted by 54/2016 s 22 16.12.2016
s 54(1) amended by 38/2021 s 48(1) 7.10.2021
s 54(2) amended by 38/2021 s 48(2) 7.10.2021
s 54(3) amended by 38/2021 s 48(3)—(5) 7.10.2021
s 54(3a) inserted by 38/2021 s 48(6) 7.10.2021
s 54(5)—(7) inserted by 38/2021 s 48(7) 7.10.2021
s 55
s 55(1) amended by 38/2021 s 49 7.10.2021
s 56 deleted by 38/2021 s 50 7.10.2021
s 56A inserted by 20/2014 s 26 27.11.2014
s 56A(1) substituted by 54/2016 s 23 16.12.2016
amended by 38/2021 s 51 7.10.2021
s 56A(1a) inserted by 54/2016 s 23 16.12.2016
amended by 38/2021 s 51 7.10.2021
s 57
s 57(1) amended by 38/2021 s 52 7.10.2021
s 59
s 59(1) s 59 redesignated as s 59(1) by 54/2016 s 24 16.12.2016
s 59(2) inserted by 54/2016 s 24 16.12.2016
deleted by 38/2021 s 53 7.10.2021
s 59A inserted by 38/2021 s 54 7.10.2021
s 60
s 60(2) amended by 38/2021 s 55 7.10.2021
s 61 deleted by 38/2021 s 56 7.10.2021
Sch 1 amended by 20/2014 s 27 27.11.2014
amended by 19/2019 Sch 1 cl 10 1.7.2020
amended by 5/2021 s 14 10.10.2022
Sch 2
cl 3
cl 3(5) amended by 38/2021 s 57(1) 7.10.2021
cl 3(7) amended by 38/2021 s 57(2) 7.10.2021
cl 3(13) amended by 38/2021 s 57(3) 7.10.2021
cl 3(14) amended by 38/2021 s 57(4) 7.10.2021
cl 3(9) amended by 20/2014 s 28 27.11.2014
cl 4
cl 4(6) amended by 38/2021 s 57(5) 7.10.2021
cl 5
cl 5(1) amended by 38/2021 s 57(6) 7.10.2021
cl 6
cl 6(4) and (5) amended by 38/2021 s 57(7) 7.10.2021
cl 7
cl 7(2) substituted by 38/2021 s 57(8) 7.10.2021
cl 7(4) amended by 38/2021 s 57(9) 7.10.2021
cl 8
cl 8(4) (b) deleted by 38/2021 s 57(10) 7.10.2021
cl 12 amended by 38/2021 s 57(11) 7.10.2021
cl 13
cl 13(1) and (5) amended by 38/2021 s 57(11) 7.10.2021
cl 14
cl 14(1) amended by 38/2021 s 57(11) 7.10.2021
cl 17
cl 17(2) amended by 38/2021 s 57(12) 7.10.2021
Sch 3 omitted under Legislation Revision and Publication Act 2002 27.11.2014
Sch 3 inserted by 54/2016 s 25 16.12.2016
cl 2
cl 2(4) amended by 38/2021 s 58 7.10.2021
cl 3
cl 3(2), (3) and (5) amended by 38/2021 s 58 7.10.2021
cl 4
cl 4(4) and (5) amended by 38/2021 s 58 7.10.2021
Sch 4 inserted by 54/2016 s 25 15.7.2017
substituted by 38/2021 s 59 5.12.2022
Sch 5 inserted by 38/2021 s 60 7.10.2021

Transitional etc provisions associated with Act or amendments

Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2014, Sch 1 Pt 3—Transitional provision

3—Application of section 15

Section 32 of the Independent Commissioner Against Corruption Act 2012, as in force immediately after the commencement of section 15 of this Act, applies in relation to a thing—

(a)that is, immediately before that commencement, subject to a retention order under section 32; or

(b)that has been seized under section 32 and that is, immediately before that commencement, being held pending the institution or finalisation of proceedings for an offence relating to the thing,

as if the thing had been made subject to a retention order or had been seized after that commencement.

Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2016, Sch 1 Pt 4—Transitional provisions

4—Exercise of powers of inquiry agency

If, immediately before the commencement of this Act, the Independent Commissioner Against Corruption was taking action in respect of a matter raising potential issues of misconduct or maladministration in public administration by exercising the powers of an inquiry agency, the Independent Commissioner Against Corruption Act 2012, as in force immediately before the commencement of this Act, continues to apply in relation to the matter unless and until the Commissioner determines to withdraw from exercising the powers of an inquiry agency in accordance with section 36A(3) of that Act (as so in force).

5—Application of Schedule 3

Despite section 31(14) of the Independent Commissioner Against Corruption Act 2012 (as in force after the commencement of section 12 of this Act), the provisions of Schedule 3 of that Act do not apply in relation to a warrant issued before the commencement of section 12 or any items seized pursuant to such a warrant.

Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21—Savings and transitional provisions

65—Commissioner continues in office

The Commissioner holding office under the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act continues to hold office as the Commissioner under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act.

66—Judicial Conduct Commissioner continues in office

Despite section 12(3) and clause 16 of this Schedule, the Judicial Conduct Commissioner holding office under the Judicial Conduct Commissioner Act 2015 as in force before the commencement of this Act continues to hold that office on the commencement of this Act.

67—Deputy Commissioner continues in office

The Deputy Commissioner holding office under the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act continues to hold office as the Deputy Commissioner under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act.

68—OPI organisational structure

Until the day fixed by the Minister by notice in the Gazette (which must be not more than 3 months after the commencement of this Act), the Minister may appoint either the Commissioner under the Independent Commission Against Corruption Act 2012 or another person (on terms and conditions determined by the Minister) to act as the Director of OPI under that Act (as amended by this Act).

69—Staff

  1. On the commencement of this Act—

    (a)employees engaged by the Commissioner under section 12 of the Independent Commissioner Against Corruption Act 2012 (including any employees assigned to the Office under section 18(3)(a) of the Act) will be taken to be engaged by the Commission under that section as amended by this Act; and

    (b)arrangements established by the Commissioner under section 13 of the Independent Commissioner Against Corruption Act 2012 will be taken to continue as if they were arrangements established by the Commission under that section as amended by this Act; and

    (c)Public Service employees assigned to the Office under section 18(3)(a) of the Independent Commissioner Against Corruption Act 2012 will be taken to continue to be assigned to the Office under section 17(2)(b) of the Independent Commission Against Corruption Act 2012).

  2. Despite section 17(2) of the Independent Commission Against Corruption Act 2012, the Independent Commission Against Corruption and the Director of OPI may enter into an arrangement for the continued assignment of employees who were, immediately before the commencement of this Act, assigned to the Office under section 18(3)(b) of the Independent Commissioner Against Corruption Act 2012.

70—Investigations etc to continue

  1. Subject to this clause, the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act continues to apply in relation to any complaint or report made under that Act on or before 25 August 2021, or any investigation commenced under that Act before 25 August 2021.

  2. The following provisions of the Independent Commission Against Corruption Act 2012 as amended by this Act apply in relation to a matter referred to in subclause (1):

    (a)section 6;

    (b)section 59A and Schedule 5 (but only in respect of legal expenses incurred after commencement of section 59A and, in relation to a matter involving suspected misconduct or maladministration in public administration, as if Schedule 1 of the Ombudsman Act 1972, as inserted by this Act and with any necessary modifications, applied instead of Schedule 5).

  1. If a matter that continues to be dealt with under the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act in accordance with subclause (1) is not completed within 12 months after the commencement of this clause, the matter must be discontinued (but nothing prevents the matter being the subject of a further complaint or report under the Independent Commission Against Corruption Act 2012, or the Ombudsman Act 1972, as amended by this Act).

71—Complaints and reporting system

  1. The complaints system established under section 19, and the reporting system established under section 20, of the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act continue as the complaints system under section 18A and the reporting system under section 18B (respectively) of the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act until new systems can be established under those sections (subject to any modifications that are necessary or are prescribed by the regulations).

  2. Section 18A(3) of the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act does not apply for the period of 3 months after the commencement of this Act.

  3. The complaints system established under section 19, and the reporting system established under section 20, of the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act may be adopted, on the commencement of this Act, by the Ombudsman as the complaints system under section 12A and the reporting system under section 12D (respectively) of the Ombudsman Act 1972 as in force after the commencement of this Act until new systems can be established under those sections (subject to any modifications that are necessary or are prescribed by the regulations).

  4. Section 12A(3) of the Ombudsman Act 1972 as in force after the commencement of this Act does not apply for the period of 3 months after the commencement of this Act.

72—Websites

Despite section 48 of the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act, the websites referred to in that section are not required immediately on the commencement of that section but must be developed as soon as practicable (and in any case within 6 months after the commencement of that section).

73—Inspector under Ombudsman Act 1972

The operation of section 29 of the Ombudsman Act 1972 (as inserted by this Act) is suspended until the day on which section 59 of this Act comes into operation.

74—Review continues

Any review being conducted by the reviewer under Schedule 4 of the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of section 59 may be continued after the commencement of that section as if it had been carried out by the Inspector under Schedule 4 of the Independent Commission Against Corruption Act 2012 as in force after the commencement of section 59.

75—First review after commencement to consider past prejudice to reputation

  1. The Inspector under Schedule 4 of the Independent Commission Against Corruption Act 2012 as in force after the commencement of section 59 must, in undertaking the first annual review occurring under that Schedule after the commencement of section 59, consider whether undue prejudice to the reputation of any person was caused by the Commissioner, employees of the Commissioner or employees of the Office under the Independent Commissioner Against Corruption Act 2012 as in force at any time before the commencement of this Act.

  2. If the Inspector finds that undue prejudice to the reputation of any person was caused by the Commissioner, employees of the Commissioner or employees of the Office, the Inspector may—

    (a)publish any statement or material that the Inspector thinks will help to alleviate that prejudice; or

    (b)recommend that the Commission pay an amount of compensation to the person.

  3. The Inspector may also make recommendations to the Attorney‑General in relation to the making of ex gratia payments as reimbursement of legal costs incurred by persons the subject of, or required to participate in, any investigation under the Independent Commissioner Against Corruption Act 2012 (being costs incurred before the commencement of section 59A of the Independent Commission Against Corruption Act 2012 (as inserted by this Act).

76—Savings and transitional regulations

Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.

Historical versions

27.11.2014
5.12.2016
16.12.2016
1.4.2017
15.7.2017
4.9.2017
1.7.2020
7.10.2021
10.10.2022
Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0