Assessment

A process undertaken by the Office for Public Integrity (OPI) or Ombudsman SA after they receive a complaint or report. An assessment will determine what action (if any) should be taken as a result of a complaint or report and who should take the action. It is not an investigation.

Complaint

Information about potential corruption, misconduct or maladministration made by a member of the public to the OPI or Ombudsman. You do not need to know whether something is corruption, misconduct or maladministration to make a complaint.

Confidentiality

Information that is confidential cannot be shared with someone else except in special circumstances. Most information connected with the work of Office for Public Integrity and the Commission is confidential. This is because of legal obligations created by section 54 of the ICAC Act. A breach of those obligations can be a criminal offence. Specific information about confidentiality obligations can be found in section 54.

Corruption

See also: Corruption investigations

Corruption has a specific meaning under section 5 of the ICAC Act. It only concerns corruption involving the South Australian public sector and local government and is referred to as ‘corruption in public administration’.

“Corruption in public administration” includes conduct that constitutes the following offences in the Criminal Law Consolidation Act 1935 (SA):

• bribery or corruption of public officers
• threats or reprisals against public officers
• certain criminal offences committed by public officers including:
  • abuse of public office
  • demanding or requiring a benefit on the basis of public office
  • offences relating to the appointment to public office
  • an offence, or an attempt to commit an offence against certain legislation, including the Public Sector (Honesty and Accountability) Act 1995, the Public Corporations Act 1993 and the Lobbyists Act 2015.

Corruption can also include someone who is complicit in committing corruption in public administration, such as:

• aiding, abetting, counselling or procuring someone to commit corruption in public administration
• inducing someone to commit corruption in public administration, by threats, promises or otherwise
• being knowingly concerned in or party to someone committing corruption in public administration. This can be either direct or indirect
• conspiring with others to cause someone to commit corruption in public administration.

Directions and Guidelines

Both the Office for Public Integrity and the Ombudsman have issued reporting Directions and Guidelines. Those Directions and Guidelines are applicable to all South Australian public authorities, public officers and inquiry agencies. They explain obligations and expectations in relation to reporting misconduct, maladministration and corruption in public administration.

• Directions and Guidelines | Office for Public Integrity
• Directions and guidelines | Ombudsman SA

Examination

A process used by the Commission to obtain information for an investigation. It involves a person attending before an Examiner (usually the Commissioner) and answering questions. Examinations are held in private and cannot be attended by the public.

ICAC Act

The ICAC Act is the abbreviated term for the legislation called the Independent Commission Against Corruption Act 2012 (SA). The ICAC Act establishes the Commission and the Office for Public Integrity. The ICAC Act explains the responsibilities, powers and functions of the Commission and the Office for Public Integrity. You can view it here (external site).

Independent Commission Against Corruption

The Independent Commission Against Corruption is established by the ICAC Act which sets out its responsibilities, powers and functions. The Commission’s functions include identifying and investigating corruption in public administration, as well as preventing and minimising corruption in public administration.

The Commission is headed by the Commissioner.

Informant

An informant is someone who makes an ‘appropriate disclosure’ of information to a relevant authority in South Australia. and in turn, receives certain rights and protections under the Public Interest Disclosure Act 2018 (SA).

Inquiry Agency

The term ‘Inquiry Agency’ in the ICAC Act refers to the following South Australian public authorities:

• The Independent Commission Against Corruption
• The Ombudsman (Ombudsman SA)
• The Judicial Conduct Commissioner.

Inspector

The Inspector is a person appointed by the Governor to conduct annual reviews of the operations of the Commission, the Office for Public Integrity and the Ombudsman. The Inspector also receives complaints about the Commission, the Office for Public Integrity and the Ombudsman.

You can visit the Inspector’s website here. (external site)

Investigation

The aim of an investigation is to establish the truth of what happened. If a Commission investigation identifies sufficient evidence of corruption, the matter may be referred to SA Police for further investigation and prosecution.

Local Government

Local government is the third tier of Government in Australia. The term refers to local councils and their elected members, staff and volunteers.

Maladministration

Maladministration has a specific meaning in s 4 of the Ombudsman Act 1972 (SA). It is about the misuse of public money or resources by South Australian public authorities or public officers and is called ‘maladministration in public administration’. Maladministration in public administration can be any of the following:

• conduct of a public officer that results in an irregular and unauthorised use of public money
• conduct of a public officer that results in substantial mismanagement of public resources
• conduct of a public officer involving substantial mismanagement in or in relation to the performance of official functions
• a practice, policy or procedure of a public authority that results in an irregular and unauthorised use of public money
• a practice, policy or procedure of a public authority that results in substantial mismanagement of public resources.

It can include conduct that is the result of impropriety, incompetence or negligence.

Misconduct

Misconduct has a specific meaning in s 4 of the Ombudsman Act 1972. It refers to improper conduct of South Australian public officers and is called ‘misconduct in public administration’. Misconduct in public administration means: An intentional and serious contravention of a code of conduct by a public officer, while acting in their capacity as a public officer, that constitutes a ground for disciplinary action against the officer.

Office for Public Integrity (OPI)

The Office for Public Integrity receives complaints and reports about South Australian public authorities and public officers. This includes complaints and reports about corruption, misconduct and maladministration. The Office for Public Integrity assesses the complaints and reports and determines which public authority is best placed to take action.

The Office for Public Integrity also oversees the assessment and investigation of complaints about the conduct of South Australia Police officers.

You can visit the OPI website here.

Ombudsman SA

The office of the South Australian Ombudsman receives, assesses and investigates complaints about South Australia public authorities and allegations of misconduct and maladministration by public authorities and public officers.

The Ombudsman also conducts reviews decisions made under the Freedom of Information Act 1991 (SA) and can conduct audits of the practices and procedures of government agencies.

You can visit the Ombudsman SA website here.

OPI

Abbreviation for the Office for Public Integrity.

Police Complaints and Discipline Act 2016

The Police Complaints and Discipline Act 2016 (SA), sometimes referred to as the PCD Act, is the legislation that provides a scheme for the assessment, investigation and resolution of complaints about the conduct of South Australia police officers.

Public administration

Public administration includes the administration and delivery of public services, public infrastructure and the spending of public money.

Public Authority

South Australian Public Authorities are listed in Schedule 1 of the ICAC Act. They include:

• the Governor
• both Houses of Parliament
• the Chief Executive of a state government department
• Statutory authorities and statutory office holders
• Local councils

Public Officer

South Australian Public Officers are listed in Schedule 1 of the ICAC Act. Public Officers include:

• Members of Parliament
• members of the judiciary
• police officers
• public service employees
• local government elected members
• local council employees
• persons contracted to perform work for a public authority (either directly or indirectly including, for example, as a subcontractor).

Public interest disclosure

Also known as an ‘appropriate disclosure’ under the Public Interest Disclosure Act. It refers to the disclosure of information that will give the provider of the information certain protections for making the disclosure.

Public Interest Disclosure Act 2018

The Public Interest Disclosure Act 2018 (SA) is legislation that provides a State based whistleblower scheme to encourage disclosure of information that raises potential issues of misconduct, maladministration and corruption in public administration, as well as information that raises a potential issue of a substantial risk to the environment or to the health and safety of the public. You can view it here (external site).

Publish

The term ‘publish’ is given a specific meaning under the ICAC Act. It means:

• to publish by newspaper, radio or television
• to publish by the internet or other electronic means of creating and sharing content with the public or participating in social networking with the public, or
• to publish by any similar means of communication with the public.

Under s 54(5) of the ICAC Act, you are not allowed to publish or cause to be published certain information connected to the work of the Office for Public Integrity and the Commission.

Reasonable suspicion

A suspicion is less than or knowledge or belief. You may not know something has occurred, but merely suspect it. For a suspicion to be reasonable there needs to be a rational basis for the suspicion. Whether or not a suspicion is reasonable will depend on the circumstances.

Relevant authority

A ‘relevant authority’ is a public authority that can receive a public interest disclosure from an Informant. This is a term found in the Public Interest Disclosure Act. Whether a South Australian public authority is a relevant authority will depend on the type of information that the Informant wishes to disclose. The Office for Public Integrity is a ‘relevant authority’ to receive public interest disclosures by public officers about information that raise potential issues of misconduct, maladministration or corruption by South Australian public authorities and public officers.

A detailed explanation of what is a ‘relevant authority’ is provided in section 5(5) of the Public Interest Disclosure Act.

Report

A 'report' is information about corruption, misconduct or maladministration in South Australian public administration provided by a South Australian public authority, public officer or inquiry agency, to the Office for Public Integrity or Ombudsman.

You do not need to know that something amounts to corruption, misconduct or maladministration nor to gather evidence before you report it.

Reporting obligations

There are certain obligations placed on public authorities and inquiry agencies and public officers to report information reasonably suspected of involving misconduct, maladministration or corruption in public administration. The reporting obligations are contained in the Directions and Guidelines issued by the Office for Public Integrity and the Ombudsman.

Public authorities, inquiry agencies and public officers are required to report to the Office for Public Integrity any conduct they reasonably suspect involves corruption in public administration.

Public authorities, inquiry agencies and public officers are expected to report any matter that is reasonably suspected of involving misconduct or maladministration in public administration to Ombudsman SA or the Office for Public Integrity.

• Directions and Guidelines | Office for Public Integrity
• Directions and guidelines | Ombudsman SA

Referral

The process by which the Commissioner or the Office for Public Integrity sends a complaint or report to another South Australian public authority for it to investigate or otherwise deal with. Sometimes, the Commissioner will retain oversight of the referral and will require the public authority to report back on the findings made and the action taken.

Whistleblower

A person who provides information about suspected corruption or other improper conduct. The Public Interest Disclosure Act 2018 (SA) provides protections for whistleblowers but refers to them as ‘informants’ (see definition above).