PDTASA - Professional Driver Trainers Association of South Australia

icac-independent-commission-against-corruption-south-australia

 folder PDTASA DocumentsDIRECTIONS AND GUIDELINES

ICAC Directions and Guidelines coverSection 20 of the Independent Commissioner Against Corruption Act 2012 (the ICAC Act) required the Commissioner to publish Directions and Guidelines governing the reporting obligations of public officers, public authorities and inquiry agencies.

You are invited to download a free copy of the Directions and Guidelines, or to collect a copy from the reception of the Office for Public Integrity (OPI) at Level 1, 55 Currie Street, Adelaide.

 

 

 

ICAC for Authorised Examiners

The Independent Commissioner Against Corruption has the role of identifying and investigating corruption in public administration and preventing or minimising misconduct and maladministration in public administration.

Authorising people as competent to hold a driver’s license is an important function of public administration. This means the Commissioner is interested in the way we conduct ourselves.

At the request of the Commissioner, the ICAC Regulations were changed in October 2015 to capture Authorised Examiners as public officers. As public officers each of us now has a mandatory obligation to report any conduct that we reasonably suspect to be corruption or serious or systemic misconduct or maladministration to the Office for Public Integrity, which is overseen by the Commissioner.

The Commissioner expects that all public officers conduct themselves with honesty and integrity. He also expects that we fulfil our reporting obligation if we become aware of instances when this is not happening.

For more information about ICAC please consult their website and watch this induction film.

 

FREQUENTLY ASKED QUESTIONS

2

OF 6

ROLES, FUNCTIONS & DEFINITIONS

WHAT IS THE INDEPENDENT

COMMISSIONER AGAINST

CORRUPTION?

The Independent Commissioner Against

Corruption (‘the Commissioner’) has been

established to identify and investigate corruption

in public administration, and prevent

or minimise corruption, misconduct and maladministration

in public administration.

The Commissioner is independent and

is not subject to the direction of any person

in relation to any matter.

WHO IS THE COMMISSIONER?

The Commissioner, the Honourable Bruce

Lander QC, was appointed for a seven-year

term commencing 1 September 2013. The

Commissioner is a senior legal practitioner

of more than 40 years’ standing and was

most recently a Justice of the Federal Court

of Australia.

WHAT WILL

THE COMMISSIONER DO?

The Commissioner and members of the

staff of the Commissioner form a law

enforcement body. The Commissioner has

significant powers to investigate allegations

of corruption in public administration,

including powers under warrant to enter

and search premises, seize and retain items

and hold compulsory examinations.

The Commissioner’s functions include:

»» to identify and investigate corruption

in public administration

»» to assist in identifying and dealing with

misconduct and maladministration

in public administration

»» prevent or minimise corruption, misconduct

and maladministration in public

administration through education

and evaluation of practices, policies

and procedures.

The primary object of the Commissioner

is to:

»» investigate serious or systemic corruption

in public administration and

»» to refer serious or systemic misconduct

or maladministration in public

administration to the relevant body,

giving directions or guidance

to the body or exercising the powers

of the body as the Commissioner

considers appropriate.

WHAT IS THE OFFICE

FOR PUBLIC INTEGRITY?

The Office for Public Integrity (OPI)

is responsible to the Commissioner.

The OPI receives complaints and reports

about corruption, misconduct and maladministration

in public administration, and

assesses those matters.

Following assessment of a complaint

or report the OPI will make a recommendation

to the Commissioner about what action

should be taken.

The Commissioner is not bound by a recommendation

of the OPI.

Matters raising a potential issue

of corruption must be investigated by the

Commissioner, or referred to South Australia

Police (SAPOL), the Police Ombudsman

or other law enforcement agency.

Matters raising a potential issue of misconduct

or maladministration may be referred

to another inquiry agency (the Ombudsman

or Police Ombudsman), public authority

or public officer.

WHO CAN BE INVESTIGATED

BY THE COMMISSIONER?

The Commissioner can investigate conduct

of a public officer and in some cases the

conduct of a private individual, where the

conduct raises a potential issue of corruption.

Conduct of a private individual that can

be investigated includes bribery or corruption

of a public officer, or a threat against

a public officer.

WHO IS A PUBLIC OFFICER?

Schedule 1 of the Independent Commissioner

Against Corruption Act 2012 lists the

public officers for the purposes of the Independent

Commissioner Against Corruption

Act 2012.

Public officers include:

»» Members of Parliament;

»» members of the judiciary;

»» police officers;

»» public service employees;

»» councillors;

»» council employees;

»» persons contracted to perform work for

a public authority or the Crown.

3

OF 6

WHAT IS A PUBLIC

AUTHORITY?

Schedule 1 of the Independent Commissioner

Against Corruption Act 2012 lists the

public authorities for the purposes of the

Independent Commissioner Against Corruption

Act 2012.

Public authorities include:

»» the Governor;

»» both Houses of Parliament;

»» South Australian government

departments, agencies and

statutory authorities;

»» local councils.

WHAT IS CORRUPTION?

Corruption in public administration

is defined in the Independent

Commissioner Against Corruption Act

2012 as conduct that constitutes one of a

number of criminal offences, including bribery

or corruption of public officers, threats

or reprisals against public officers and

abuse of public office. The definition also

includes offences against the Public Sector

(Honesty and Accountability) Act 1995 and

the Public Corporations Act 1993. Corruption

in public administration also includes

any other offence committed by a current

or former public officer while acting in his

or her capacity (or former capacity) as a

public officer.

WHAT IS MISCONDUCT

IN PUBLIC ADMINISTRATION?

Misconduct occurs when a public officer

contravenes a Code of Conduct or is

involved in any other misconduct while

acting in his or her capacity as a public

officer.

WHAT IS

MALADMINISTRATION IN

PUBLIC ADMINISTRATION?

Maladministration includes irregular

and unauthorised use of public money

or substantial mismanagement of public

resources. It also includes substantial

mismanagement in or in relation to the performance

of official functions and conduct

resulting from impropriety, incompetence

or negligence.

WHAT IS SERIOUS

OR SYSTEMIC?

The Directions and Guidelines create

obligations on inquiry agencies, public

authorities and public officers to report matters

of misconduct or maladministration that

are ‘serious or systemic’.

What is serious or systemic misconduct

or maladministration is a matter

of judgement.

Relevant factors to consider in an assessment

of whether the matter is serious

or systemic may include:

»» the nature and circumstances of the

allegations (including the number of allegations,

the degree of organisation and

planning - e.g. steps taken to cover

up conduct);

»» the status of the person(s) involved;

»» the harm (or potential harm) to an individual

or government resulting from

the matter, including physical, financial

or other harm; and

»» whether the matter is widespread,

involves more than one agency and/

or occurs on a frequent basis.

A matter may be considered serious if it:

»» involves a senior public officer;

»» involves alleged misconduct or maladministration

that has resulted in a

substantial loss or damage to assets;

»» involves allegations that would, if proved,

bring an agency or the Crown into

disrepute; or

»» is otherwise of particular prominence

or importance.

A matter may be considered systemic if it:

»» causes widespread disruption to services

or programs;

»» affects a number of persons;

»» is spread throughout an agency

or authority or is otherwise accepted

or condoned; or

»» involves a large sum of public money.

4

OF 6

WHO DOES THE

COMMISSIONER REPORT

TO AND HOW IS HE

HELD ACCOUNTABLE?

The Commissioner is held accountable

through a number of measures including

the requirement to prepare an Annual

Report that is laid before both Houses

of Parliament. The Independent Commissioner

Against Corruption Act 2012

also provides for an independent person

to conduct an annual review of the Commissioner’s

powers, practices and procedures.

The Commissioner is required to publish

standard operating procedures governing

the exercise of powers by investigators for

the purposes of an investigation under the

Independent Commissioner Against Corruption

Act 2012. These standard operating

procedures will be available for inspection

by members of the public on the Commissioner’s

website and at the OPI.

DOES THE COMMISSIONER

HAVE A ROLE IN PREVENTING

CORRUPTION AS WELL

AS INVESTIGATING IT?

Yes. The Commissioner has the function

to evaluate the practices, policies and

procedures of inquiry agencies and public

authorities to advance comprehensive

and effective systems for preventing

or minimising corruption, misconduct and

maladministration in public administration.

The Commissioner will conduct or facilitate

the conduct of education programs

designed to prevent or minimise corruption,

misconduct and maladministration in public

administration.

WHAT IS THE ROLE OF THE

OMBUDSMAN, THE POLICE

OMBUDSMAN, SAPOL ANTICORRUPTION

BRANCH

AND THE AUDITOR-GENERAL?

These agencies will continue to play

an important role in promoting and enforcing

public integrity. The Commissioner

may refer appropriate matters to these

inquiry agencies.

5

OF 6

POWERS & INVESTIGATIONS

WHAT POWERS DOES

THE COMMISSIONER HAVE?

The Commissioner has a number of powers,

including powers to:

»» appoint staff, including investigators;

»» initiate and conduct investigations into

corruption in public administration;

»» refer matters relating to misconduct and

maladministration to inquiry agencies

or public authorities for further action;

»» exercise the powers of an

inquiry agency;

»» issue directions and guidance to inquiry

agencies and public authorities;

»» request the Auditor-General

to examine accounts;

»» make recommendations to inquiry agencies

and public authorities.

CAN THE COMMISSIONER

INVESTIGATE MATTERS

THAT OCCURRED BEFORE

THE INDEPENDENT

COMMISSIONER AGAINST

CORRUPTION ACT 2012

CAME INTO OPERATION?

Yes. The Commissioner’s powers under the

Independent Commissioner Against Corruption

Act 2012 can be exercised in relation

to conduct that occurred before the Act

came into force.

HOW WILL AN INVESTIGATION

BE TRIGGERED?

An investigation into corruption in public

administration can be triggered by:

»» a complaint made by a member of the

public to the OPI;

»» a report made by an inquiry agency,

public authority or public officer

to the OPI;

»» the Commissioner acting on his

own initiative;

»» the Attorney-General reporting a matter

directly to the Commissioner.

The Commissioner will have absolute discretion

to investigate or not investigate

a particular matter, or to refer it to another

agency.

WILL THE COMMISSIONER

INVESTIGATE EVERY

REPORT OF SUSPECTED

CORRUPTION?

The OPI will assess every report of corruption

received and make recommendations

to the Commissioner. The Commissioner will

then decide whether to investigate, refer

the matter elsewhere, or take no further

action.

WILL INVESTIGATIONS

BE MADE PUBLIC?

Investigations into corruption in public

administration conducted by the Commissioner

will be conducted in private, as is

currently the case with criminal investigations

undertaken by SAPOL. It must

be remembered that a person involved

in an investigation may not have been

charged with any criminal offence and might

only be assisting with a line of inquiry.

All examinations conducted by the Commissioner

as part of an investigation must also

be held in private.

The Commissioner may make a public

statement in connection with a particular

matter if, in the Commissioner’s opinion,

it is appropriate to do so, weighing the

public interest against the prejudicial effect

upon a person’s reputation. In some cases,

a public statement might be made to benefit

the investigation or allay public concern.

The Commissioner is required to consider

whether making a public statement might

adversely affect a potential prosecution.

WHAT IS AN EXAMINATION?

Examinations are proceedings held in private

where persons may be summonsed

to give evidence or to produce documents

or other things for the purposes of an

investigation into corruption in public

administration. Evidence may be taken

on oath or affirmation.

CAN I BE COMPELLED

TO GIVE EVIDENCE?

Yes. Any person who has been summonsed

to appear as a witness at an examination

and who fails to appear at that examination

or who refuses or fails to answer a question

at an examination commits an offence. The

maximum penalty for such an offence is a

fine of $20,000 or imprisonment for four

years. A person who appears as a witness

is in contempt of the Commissioner if he

or she refuses or fails to answer a question

that he or she is required to answer by the

examiner. The examiner may apply to the

Supreme Court for the person to be dealt

with in relation to the contempt by the

Supreme Court of South Australia.

6

OF 6

COMPLAINTS & REPORTS

WHAT COMPLAINTS

AND REPORTS CAN BE MADE

TO THE OFFICE FOR PUBLIC

INTEGRITY?

Complaints about corruption, misconduct

or maladministration in public administration

should be made to the OPI.

Inquiry agencies, public officers and public

authorities have obligations under the Independent

Commissioner Against Corruption

Act 2012 to report suspected corruption,

misconduct and maladministration in public

administration. The minimum reporting obligations

are identified in the Directions and

Guidelines issued under the Independent

Commissioner Against Corruption Act 2012,

which are available on the Commissioner’s

website and from the OPI.

WHAT HAPPENS ONCE

I’VE MADE A COMPLAINT

OR REPORT?

The OPI will assess your complaint or report

and make a recommendation to the Commissioner

about how it should be dealt with.

If the matter is assessed as raising

a potential issue of corruption, then the

Commissioner will determine whether

to investigate the matter or refer it to

an appropriate agency for investigation.

If the matter is assessed as raising a potential

issue of misconduct or maladministration

in public administration, the Independent

Commissioner Against Corruption may

refer the matter to an inquiry agency, such

as the Ombudsman or the Police Ombudsman,

or to a public authority. When making

a referral, the Independent Commissioner

Against Corruption may issue directions

or guidance to the inquiry agency or public

authority in respect of the matter.

CAN I MAKE AN ANONYMOUS

COMPLAINT?

Yes. The OPI will receive anonymous complaints

and assess them in the usual way.

However, if you wish to remain anonymous,

you must understand that if the information

you provide is not sufficient for the OPI

to make a proper assessment of the matter,

the OPI will not be able to contact you for

further information. This may mean that your

complaint will not be progressed.

IF I MAKE A COMPLAINT,

WILL MY IDENTITY

BE KEPT CONFIDENTIAL?

The OPI and the Commissioner’s staff must

not disclose information you have provided

in your complaint except in certain circumstances.

Examples of when information may

have to be disclosed include for the purpose

of the administration or enforcement

of the Independent Commissioner Against

Corruption Act 2012, for the purposes

of criminal proceedings, or for the performance

of the functions of the Commissioner

under legislation. Such information can

include your identity and personal details

as well as details of the complaint itself.

If you are making a complaint as a whistleblower

under the Whistleblowers

Protection Act 1993, then the details relating

to your identity will remain confidential

except where it is required to be disclosed

to ensure a proper investigation. If you

are unsure of whether your complaint falls

within the whistleblowers’ regime, please

contact the OPI or seek legal advice.

WHAT DETAILS WILL I NEED

TO MAKE A COMPLAINT?

When making the complaint, provide

as much information as possible, including:

»» the names and positions of the

parties involved;

»» the names and contact details of private

citizens and companies and how they

are involved;

»» the specific allegations, including when

the alleged conduct occurred, why you

believe corruption, misconduct or maladministration

is involved and how and

when you became aware of the matter;

»» names and contact details

of any witnesses;

»» whether you have contacted other agencies

about the matter; and

»» details or copies of any documentary

evidence you may have.

If you identify yourself we can inform you

about the action (if any action is taken)

in respect of the matter.

HOW DO I MAKE

A COMPLAINT OR REPORT?

Complaints or reports regarding corruption,

misconduct or maladministration can

be made to the Office for Public Integrity

in the following ways:

The information contained in this document

is for general information only and does not

constitute legal advice.

COMPLAINTS LINE

OR 1300 782 489

Cost of a local call for country callers

WWW.ICAC.SA.GOV.AU

LEVEL 1, 55 CURRIE ST.

In person by appointment

GPO BOX 11066

ADELAIDE SA 5001

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(08) 8207 1777FREQUENTLY ASKED QUESTIONS

2

OF 6

ROLES, FUNCTIONS & DEFINITIONS

WHAT IS THE INDEPENDENT

COMMISSIONER AGAINST

CORRUPTION?

The Independent Commissioner Against

Corruption (‘the Commissioner’) has been

established to identify and investigate corruption

in public administration, and prevent

or minimise corruption, misconduct and maladministration

in public administration.

The Commissioner is independent and

is not subject to the direction of any person

in relation to any matter.

WHO IS THE COMMISSIONER?

The Commissioner, the Honourable Bruce

Lander QC, was appointed for a seven-year

term commencing 1 September 2013. The

Commissioner is a senior legal practitioner

of more than 40 years’ standing and was

most recently a Justice of the Federal Court

of Australia.

WHAT WILL

THE COMMISSIONER DO?

The Commissioner and members of the

staff of the Commissioner form a law

enforcement body. The Commissioner has

significant powers to investigate allegations

of corruption in public administration,

including powers under warrant to enter

and search premises, seize and retain items

and hold compulsory examinations.

The Commissioner’s functions include:

»» to identify and investigate corruption

in public administration

»» to assist in identifying and dealing with

misconduct and maladministration

in public administration

»» prevent or minimise corruption, misconduct

and maladministration in public

administration through education

and evaluation of practices, policies

and procedures.

The primary object of the Commissioner

is to:

»» investigate serious or systemic corruption

in public administration and

»» to refer serious or systemic misconduct

or maladministration in public

administration to the relevant body,

giving directions or guidance

to the body or exercising the powers

of the body as the Commissioner

considers appropriate.

WHAT IS THE OFFICE

FOR PUBLIC INTEGRITY?

The Office for Public Integrity (OPI)

is responsible to the Commissioner.

The OPI receives complaints and reports

about corruption, misconduct and maladministration

in public administration, and

assesses those matters.

Following assessment of a complaint

or report the OPI will make a recommendation

to the Commissioner about what action

should be taken.

The Commissioner is not bound by a recommendation

of the OPI.

Matters raising a potential issue

of corruption must be investigated by the

Commissioner, or referred to South Australia

Police (SAPOL), the Police Ombudsman

or other law enforcement agency.

Matters raising a potential issue of misconduct

or maladministration may be referred

to another inquiry agency (the Ombudsman

or Police Ombudsman), public authority

or public officer.

WHO CAN BE INVESTIGATED

BY THE COMMISSIONER?

The Commissioner can investigate conduct

of a public officer and in some cases the

conduct of a private individual, where the

conduct raises a potential issue of corruption.

Conduct of a private individual that can

be investigated includes bribery or corruption

of a public officer, or a threat against

a public officer.

WHO IS A PUBLIC OFFICER?

Schedule 1 of the Independent Commissioner

Against Corruption Act 2012 lists the

public officers for the purposes of the Independent

Commissioner Against Corruption

Act 2012.

Public officers include:

»» Members of Parliament;

»» members of the judiciary;

»» police officers;

»» public service employees;

»» councillors;

»» council employees;

»» persons contracted to perform work for

a public authority or the Crown.

3

OF 6

WHAT IS A PUBLIC

AUTHORITY?

Schedule 1 of the Independent Commissioner

Against Corruption Act 2012 lists the

public authorities for the purposes of the

Independent Commissioner Against Corruption

Act 2012.

Public authorities include:

»» the Governor;

»» both Houses of Parliament;

»» South Australian government

departments, agencies and

statutory authorities;

»» local councils.

WHAT IS CORRUPTION?

Corruption in public administration

is defined in the Independent

Commissioner Against Corruption Act

2012 as conduct that constitutes one of a

number of criminal offences, including bribery

or corruption of public officers, threats

or reprisals against public officers and

abuse of public office. The definition also

includes offences against the Public Sector

(Honesty and Accountability) Act 1995 and

the Public Corporations Act 1993. Corruption

in public administration also includes

any other offence committed by a current

or former public officer while acting in his

or her capacity (or former capacity) as a

public officer.

WHAT IS MISCONDUCT

IN PUBLIC ADMINISTRATION?

Misconduct occurs when a public officer

contravenes a Code of Conduct or is

involved in any other misconduct while

acting in his or her capacity as a public

officer.

WHAT IS

MALADMINISTRATION IN

PUBLIC ADMINISTRATION?

Maladministration includes irregular

and unauthorised use of public money

or substantial mismanagement of public

resources. It also includes substantial

mismanagement in or in relation to the performance

of official functions and conduct

resulting from impropriety, incompetence

or negligence.

WHAT IS SERIOUS

OR SYSTEMIC?

The Directions and Guidelines create

obligations on inquiry agencies, public

authorities and public officers to report matters

of misconduct or maladministration that

are ‘serious or systemic’.

What is serious or systemic misconduct

or maladministration is a matter

of judgement.

Relevant factors to consider in an assessment

of whether the matter is serious

or systemic may include:

»» the nature and circumstances of the

allegations (including the number of allegations,

the degree of organisation and

planning - e.g. steps taken to cover

up conduct);

»» the status of the person(s) involved;

»» the harm (or potential harm) to an individual

or government resulting from

the matter, including physical, financial

or other harm; and

»» whether the matter is widespread,

involves more than one agency and/

or occurs on a frequent basis.

A matter may be considered serious if it:

»» involves a senior public officer;

»» involves alleged misconduct or maladministration

that has resulted in a

substantial loss or damage to assets;

»» involves allegations that would, if proved,

bring an agency or the Crown into

disrepute; or

»» is otherwise of particular prominence

or importance.

A matter may be considered systemic if it:

»» causes widespread disruption to services

or programs;

»» affects a number of persons;

»» is spread throughout an agency

or authority or is otherwise accepted

or condoned; or

»» involves a large sum of public money.

4

OF 6

WHO DOES THE

COMMISSIONER REPORT

TO AND HOW IS HE

HELD ACCOUNTABLE?

The Commissioner is held accountable

through a number of measures including

the requirement to prepare an Annual

Report that is laid before both Houses

of Parliament. The Independent Commissioner

Against Corruption Act 2012

also provides for an independent person

to conduct an annual review of the Commissioner’s

powers, practices and procedures.

The Commissioner is required to publish

standard operating procedures governing

the exercise of powers by investigators for

the purposes of an investigation under the

Independent Commissioner Against Corruption

Act 2012. These standard operating

procedures will be available for inspection

by members of the public on the Commissioner’s

website and at the OPI.

DOES THE COMMISSIONER

HAVE A ROLE IN PREVENTING

CORRUPTION AS WELL

AS INVESTIGATING IT?

Yes. The Commissioner has the function

to evaluate the practices, policies and

procedures of inquiry agencies and public

authorities to advance comprehensive

and effective systems for preventing

or minimising corruption, misconduct and

maladministration in public administration.

The Commissioner will conduct or facilitate

the conduct of education programs

designed to prevent or minimise corruption,

misconduct and maladministration in public

administration.

WHAT IS THE ROLE OF THE

OMBUDSMAN, THE POLICE

OMBUDSMAN, SAPOL ANTICORRUPTION

BRANCH

AND THE AUDITOR-GENERAL?

These agencies will continue to play

an important role in promoting and enforcing

public integrity. The Commissioner

may refer appropriate matters to these

inquiry agencies.

5

OF 6

POWERS & INVESTIGATIONS

WHAT POWERS DOES

THE COMMISSIONER HAVE?

The Commissioner has a number of powers,

including powers to:

»» appoint staff, including investigators;

»» initiate and conduct investigations into

corruption in public administration;

»» refer matters relating to misconduct and

maladministration to inquiry agencies

or public authorities for further action;

»» exercise the powers of an

inquiry agency;

»» issue directions and guidance to inquiry

agencies and public authorities;

»» request the Auditor-General

to examine accounts;

»» make recommendations to inquiry agencies

and public authorities.

CAN THE COMMISSIONER

INVESTIGATE MATTERS

THAT OCCURRED BEFORE

THE INDEPENDENT

COMMISSIONER AGAINST

CORRUPTION ACT 2012

CAME INTO OPERATION?

Yes. The Commissioner’s powers under the

Independent Commissioner Against Corruption

Act 2012 can be exercised in relation

to conduct that occurred before the Act

came into force.

HOW WILL AN INVESTIGATION

BE TRIGGERED?

An investigation into corruption in public

administration can be triggered by:

»» a complaint made by a member of the

public to the OPI;

»» a report made by an inquiry agency,

public authority or public officer

to the OPI;

»» the Commissioner acting on his

own initiative;

»» the Attorney-General reporting a matter

directly to the Commissioner.

The Commissioner will have absolute discretion

to investigate or not investigate

a particular matter, or to refer it to another

agency.

WILL THE COMMISSIONER

INVESTIGATE EVERY

REPORT OF SUSPECTED

CORRUPTION?

The OPI will assess every report of corruption

received and make recommendations

to the Commissioner. The Commissioner will

then decide whether to investigate, refer

the matter elsewhere, or take no further

action.

WILL INVESTIGATIONS

BE MADE PUBLIC?

Investigations into corruption in public

administration conducted by the Commissioner

will be conducted in private, as is

currently the case with criminal investigations

undertaken by SAPOL. It must

be remembered that a person involved

in an investigation may not have been

charged with any criminal offence and might

only be assisting with a line of inquiry.

All examinations conducted by the Commissioner

as part of an investigation must also

be held in private.

The Commissioner may make a public

statement in connection with a particular

matter if, in the Commissioner’s opinion,

it is appropriate to do so, weighing the

public interest against the prejudicial effect

upon a person’s reputation. In some cases,

a public statement might be made to benefit

the investigation or allay public concern.

The Commissioner is required to consider

whether making a public statement might

adversely affect a potential prosecution.

WHAT IS AN EXAMINATION?

Examinations are proceedings held in private

where persons may be summonsed

to give evidence or to produce documents

or other things for the purposes of an

investigation into corruption in public

administration. Evidence may be taken

on oath or affirmation.

CAN I BE COMPELLED

TO GIVE EVIDENCE?

Yes. Any person who has been summonsed

to appear as a witness at an examination

and who fails to appear at that examination

or who refuses or fails to answer a question

at an examination commits an offence. The

maximum penalty for such an offence is a

fine of $20,000 or imprisonment for four

years. A person who appears as a witness

is in contempt of the Commissioner if he

or she refuses or fails to answer a question

that he or she is required to answer by the

examiner. The examiner may apply to the

Supreme Court for the person to be dealt

with in relation to the contempt by the

Supreme Court of South Australia.

6

OF 6

COMPLAINTS & REPORTS

WHAT COMPLAINTS

AND REPORTS CAN BE MADE

TO THE OFFICE FOR PUBLIC

INTEGRITY?

Complaints about corruption, misconduct

or maladministration in public administration

should be made to the OPI.

Inquiry agencies, public officers and public

authorities have obligations under the Independent

Commissioner Against Corruption

Act 2012 to report suspected corruption,

misconduct and maladministration in public

administration. The minimum reporting obligations

are identified in the Directions and

Guidelines issued under the Independent

Commissioner Against Corruption Act 2012,

which are available on the Commissioner’s

website and from the OPI.

WHAT HAPPENS ONCE

I’VE MADE A COMPLAINT

OR REPORT?

The OPI will assess your complaint or report

and make a recommendation to the Commissioner

about how it should be dealt with.

If the matter is assessed as raising

a potential issue of corruption, then the

Commissioner will determine whether

to investigate the matter or refer it to

an appropriate agency for investigation.

If the matter is assessed as raising a potential

issue of misconduct or maladministration

in public administration, the Independent

Commissioner Against Corruption may

refer the matter to an inquiry agency, such

as the Ombudsman or the Police Ombudsman,

or to a public authority. When making

a referral, the Independent Commissioner

Against Corruption may issue directions

or guidance to the inquiry agency or public

authority in respect of the matter.

CAN I MAKE AN ANONYMOUS

COMPLAINT?

Yes. The OPI will receive anonymous complaints

and assess them in the usual way.

However, if you wish to remain anonymous,

you must understand that if the information

you provide is not sufficient for the OPI

to make a proper assessment of the matter,

the OPI will not be able to contact you for

further information. This may mean that your

complaint will not be progressed.

IF I MAKE A COMPLAINT,

WILL MY IDENTITY

BE KEPT CONFIDENTIAL?

The OPI and the Commissioner’s staff must

not disclose information you have provided

in your complaint except in certain circumstances.

Examples of when information may

have to be disclosed include for the purpose

of the administration or enforcement

of the Independent Commissioner Against

Corruption Act 2012, for the purposes

of criminal proceedings, or for the performance

of the functions of the Commissioner

under legislation. Such information can

include your identity and personal details

as well as details of the complaint itself.

If you are making a complaint as a whistleblower

under the Whistleblowers

Protection Act 1993, then the details relating

to your identity will remain confidential

except where it is required to be disclosed

to ensure a proper investigation. If you

are unsure of whether your complaint falls

within the whistleblowers’ regime, please

contact the OPI or seek legal advice.

WHAT DETAILS WILL I NEED

TO MAKE A COMPLAINT?

When making the complaint, provide

as much information as possible, including:

»» the names and positions of the

parties involved;

»» the names and contact details of private

citizens and companies and how they

are involved;

»» the specific allegations, including when

the alleged conduct occurred, why you

believe corruption, misconduct or maladministration

is involved and how and

when you became aware of the matter;

»» names and contact details

of any witnesses;

»» whether you have contacted other agencies

about the matter; and

»» details or copies of any documentary

evidence you may have.

If you identify yourself we can inform you

about the action (if any action is taken)

in respect of the matter.

HOW DO I MAKE

A COMPLAINT OR REPORT?

Complaints or reports regarding corruption,

misconduct or maladministration can

be made to the Office for Public Integrity

in the following ways:

The information contained in this document

is for general information only and does not

constitute legal advice.

COMPLAINTS LINE

OR 1300 782 489

Cost of a local call for country callers

WWW.ICAC.SA.GOV.AU

LEVEL 1, 55 CURRIE ST.

In person by appointment

GPO BOX 11066

ADELAIDE SA 5001

(08) 8207 1777

 

 

 

 

 

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