The method of appointment and the powers and duties of the Inspector are set out in Schedule 4 of the Independent Commission Against Corruption Act 2012 and section 29 of the Ombudsman Act 1972.
About the ICAC, the OPI and the Ombudsman
The ICAC Act establishes the Independent Commission Against Corruption (ICAC) and the Office for Public Integrity (OPI).
The principal function of the ICAC, as stated in the ICAC Act, is to identify and investigate corruption in South Australian public administration.
The ICAC also evaluates 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.
The ICAC is, in part, an investigation agency. It has the power to request and inspect documents, including financial records and search premises under warrant.
Persons may also be required to answer questions at an examination conducted by the Commission.
However these powers are not unlimited. They can only be used in investigations into alleged corruption in public administration and strict procedures must be followed for their use.
The functions of the OPI are to receive and assess complaints about public administration from members of the public and reports about corruption, misconduct and maladministration in public administration from inquiry agencies, public authorities and public officers.
Having assessed complaints and reports, the OPI may refer them to inquiry agencies, public authorities and public officers.
The OPI does not have investigative powers.
The Ombudsman is an inquiry agency. Like the OPI, the Ombudsman may receive and assess complaints received by or referred to its office about public administration.
However, unlike the OPI, the Ombudsman may also investigate those complaints.
The Ombudsman may also receive, assess and investigate complaints about misconduct or maladministration in public administration.
The Ombudsman must determine whether action should be taken to investigate or refer the matter to a law enforcement agency, another inquiry agency (the ICAC or the Judicial Conduct Commissioner), a public authority or a public officer.
For the purposes of an investigation, the Ombudsman has the powers of a commission under the Royal Commissions Act 1917.
The Inspector
The ICAC Act requires the Governor to appoint an Inspector to conduct annual reviews examining the operations of the ICAC and the OPI during each financial year. The Ombudsman Act also requires the Inspector to undertake these reviews in relation to that office.
An important aspect of the annual reviews involves considering whether the powers under the ICAC Act were exercised in an appropriate manner and whether there was any evidence of corruption, misconduct or maladministration in public administration on the part of the ICAC or the OPI - or the employees of the ICAC or the OPI.
The reviews under the ICAC and Ombudsman Acts will consider whether the exercise of any powers led to undue prejudice to any person's reputation.
The Inspector is also required to:
- consider whether there was any evidence of unreasonable delay in the conduct of investigations under the ICAC Act
- consider whether there were any unreasonable invasions of privacy
- report on whether the practices and procedures of ICAC, the OPI and the Ombudsman were effective and efficient throughout the review period.
Reviews and reporting
A report on the annual reviews under the ICAC and Ombudsman Acts must be delivered to the President of the Legislative Council and the Speaker of the House of Assembly on or before 30 September in the following financial year.
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.
The Inspector also has functions under other legislation to ensure that the ICAC adheres to obligations under the Telecommunications (Interception) Act 2012 (SA) and the Surveillance Devices Act 2016 (SA). This involves regular inspections and reports to the relevant Minister.
The Inspector is empowered to conduct a review relating to relevant complaints received by the Inspector.
A relevant complaint relates to the conduct of any person purporting to exercise powers or functions under the ICAC Act. The term 'relevant complaint' is not defined in the Ombudsman Act, so it will be up to the Inspector to determine whether a complaint is relevant.
