The Hon. Bruce Lander QCCommissioner
The Commissioner's Report
The Commissioner’s fifth annual report details key statistics and information about the operations of the Commissioner and the Office for Public Integrity.
"During the reporting period my office commenced 31 new corruption investigations and continued 17 investigations from the previous financial year.
"…in some cases underlying maladministration is of such an extent that improper conduct cannot be prosecuted, or subject to disciplinary action because it has effectively been condoned by superiors.
"Investigations undertaken during this reporting period have reinforced my view that maladministration remains the biggest threat to public institutions in this state."
The Commissioner’s report also addresses the new police complaints scheme, describing it as "working tolerably well I think in part because of the spirit of cooperation between South Australia Police (SA Police) and the OPI."
Last year the Commissioner finalised his evaluation of the Public Trustee and commenced an evaluation of the regulatory arm of SafeWork SA.
"Evaluations have the capacity to delve into the operations of an agency to identify good practice and to expose weaknesses and gaps.
"I anticipate conducting more evaluations in the future".
The Office for Public Integrity (OPI)
The OPI receive and assess all complaints and reports made under the ICAC Act. Once the OPI has made an assessment of a complaint or report, it will either determine the action to be taken or make a recommendation to the Commissioner as to the action that should be taken.
The introduction of the Police Complaints and Discipline Act 2016 (PCDA) on 4 September 2017 gave the OPI responsibility for the independent oversight of complaints and reports and disciplinary processes within SA Police. For more information please refer to the full Annual Report.
Public Administration (ICAC Act)
Subject of ICAC Act Complaints & Reports
* Received prior to 4 September 2017
SA Police (PCDA)*
*Five matters concerned Protective Security Officers which are not classed as either complaints or reports
A primary function of the Commissioner is to identify and investigate corruption in public administration and where appropriate, refer it for prosecution. A matter assessed as raising a potential issue of corruption in public administration can be investigated by the Commissioner or referred to another law enforcement agency for investigation.
“Since my office opened we have commenced 250 corruption investigations. Twelve people have been convicted of 111 corruption offences and as at 30 June 2018 a further 17 people were before courts charged with 126 corruption offences.” - Commissioner
General nature of investigations commenced by the Commissioner during 2017-2018
Misconduct and Maladministration Referrals
Where a matter is assessed as raising a potential issue of misconduct or maladministration in public administration the matter may be:
- Referred to an inquiry agency or a public authority; or
- Investigated by the Commissioner exercising the powers of an inquiry agency.
Prevention, education and communications
A key statutory function of the Commissioner is to prevent or minimise corruption, misconduct or maladministration in public administration through the facilitation of an education program.
As at 30 June 2018 the ICAC and OPI comprised 63 staff making up 54.5 FTE (full time employees).