Proposed Amendments to the Independent Commissioner Against Corruption Act 2012

LG Leader March 2019

In May 2018, the Independent Commissioner Against Corruption (Investigation Powers) Amendment Bill 2018 was introduced in Parliament in South Australia. The Bill was intended to reform certain powers and functions under the Independent Commissioner Against Corruption Act 2012 (“the ICAC Act”).

One of the key amendments was to give the ICAC discretionary power to hold public hearings in relation to investigations pertaining to serious or systematic maladministration or misconduct in public administration..

The Bill was referred to the Crime and Public Integrity Committee for its consideration. Following receipt of the Committee’s report, the Bill was redrafted and reintroduced into the Upper House in November 2018.

The amendments to the Bill included the insertion of Schedule 3A into the ICAC Act, which would have enabled the ICAC to conduct public inquiries into allegations of misconduct and/or maladministration in public administration, in circumstances where the ICAC was “satisfied that it is in the public interest to do so.”

The Bill also contained provisions for a party to make application to the Supreme Court, challenging any such determination of the ICAC to conduct a public inquiry.

In response to these amendments to the Bill, the ICAC was reported on 12 February 2019 as stating that:

what will happen in fact is that the lawyers will move in, they will appeal that process…and that will stop the investigation for a period of time … the investigation itself will be frustrated by the fact of the appeal process. I think it is a very bad provision.

On 14 March 2019, it was reported that the ICAC ‘lobbied’ the crossbench Members of Parliament, on the basis that the new safeguards created the “illusion of public hearings” and that “the proposed power to conduct an investigation by way of public inquiry will, in practical terms, be largely devoid of any utility and largely if not completely symbolic.”

On 22 March 2019 several of the amendments were passed in the Upper House, effectively grounding any prospect of open hearings. The Government will now need to determine whether they are willing to accept these proposed amendments, and if they do not, it is likely that the Bill will fail.

If you require any further information in relation to the ICAC Act, or the oversight framework in South Australia generally, please contact Tracy Riddle on 08 8113 7106 or at triddle@kelledyjones.com.au.