Independent Commissioner Against Corruption Variation Regulations 2017 (SA)

South Australia

Independent Commissioner Against Corruption Variation Regulations 2017

under the Independent Commissioner Against Corruption Act 2012

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Independent Commissioner Against Corruption Regulations 2013

4            Insertion of regulations 20 and 21 and Schedule 1

20          Prescribed form (Schedule 3 of Act)

21          Relevant complaint (Schedule 4 of Act)

Schedule 1—Prescribed form

Part 1—Preliminary

1—Short title

These regulations may be cited as the Independent Commissioner Against Corruption Variation Regulations 2017.

2—Commencement

These regulations will come into operation on the day on which section 20 of the Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2016 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Independent Commissioner Against Corruption Regulations 2013

4—Insertion of regulations 20 and 21 and Schedule 1

After regulation 19 insert:

20—Prescribed form (Schedule 3 of Act)

Notice of an application under Schedule 3 clause 3 of the Act must be in the form prescribed in Schedule 1.

21—Relevant complaint (Schedule 4 of Act)

A relevant complaint under Schedule 4 of the Act—

(a)may only be made by—

(i)email addressed to [email protected]; or

(ii)mail addressed to The Reviewer, GPO Box 2371, Adelaide, SA, 5001; and

(b)must include—

(i)details of the alleged abuse of power, impropriety or other misconduct on the part of the Commissioner or employees of the Commissioner or of the Office; and

(ii)contact details for the complainant.

Schedule 1—Prescribed form

NOTICE OF APPLICATION TO DETERMINE CLAIM OF PRIVILEGE

Independent Commissioner Against Corruption Act 2012 Schedule 3 Clause 3

To: INDEPENDENT COMMISSIONER AGAINST CORRUPTION

Address: Level 1, 55 Currie St ADELAIDE 5000

Claimant: [insert name of claimant]

Address: [insert address of claimant]

You are notified that, having made a claim of privilege in relation to a document or a thing at a search of [insert place or vehicle] on [insert date], the claimant has applied to the Supreme Court under Schedule 3 Clause 3 Independent Commissioner Against Corruption Act 2012 for a determination of the claim of privilege with respect to [list documents or other things over which the claim is made*] on the basis that [identify nature of the claim*].

* attach schedule if insufficient space

A copy of the application bearing the seal of the Supreme Court is attached.

The application will be heard in the Supreme Court at 1 Gouger St, Adelaide on [insert hearing date] at [insert time of hearing] or so soon afterwards as the business of the Court allows.

Signed…………………………………………………

Name: [insert name]

Claimant/Solicitor for the Claimant (delete whichever is inapplicable)

Date: [insert date]

Address for service: [insert address for service]

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 11 July 2017

No 198 of 2017

AGO0076/17CS