What is corruption?

Corruption refers to certain types of criminal offences committed by a public officer in their capacity as a public officer. These offences are specified in section 5 of the ICAC Act and other legislation. It includes bribery of a public officer, threats of reprisal against public officers, demanding a benefit on the basis of public office and offences relating to appointment to public office.

The Independent Commission Against Corruption (ICAC) commonly investigates irregularities in procurement processes, contract management, recruitment, inappropriate disclosure of information, conflicts of interests, misuse of government purchase cards, inappropriate use of government assets and other types of deceptive and dishonest conduct.

How does ICAC investigate?

All ICAC investigations are conducted in private. Many investigations clear people of criminal wrongdoing, so it is important the identity of people under investigation is protected. Likewise, it is important the identities of people who assist an investigation are protected to avoid any reprisals against them.

Most ICAC investigations rely on talking to people and reviewing documents.

The Commission has been given a number of powers to assist its investigations. Some of those powers are used routinely, such as requiring a statement from a witness, whilst others – like compelling people to attend an examination to give evidence – are used less often. ICAC can also execute search warrants issued by the Supreme Court, seize documents and other things and access financial records.

The aim of an investigation is to find the truth of what happened. If an investigation does not find any evidence of corrupt conduct, the corruption investigation will be closed.

Where an investigation does find evidence of potentially corrupt conduct, ICAC may prepare a brief of evidence for South Australia Police. The police then assess and further investigate the matter and independently decide whether it should be referred to the Director of Public Prosecutions (DPP).

The decision to commence a prosecution is made independently by the DPP.

ICAC does not make findings of corrupt conduct or impose any sanctions or penalties. It is for a judicial officer or jury to decide whether someone is guilty. If a person is found guilty of a criminal offence, it is for the judicial officer to impose any penalties.

Standard operating procedures

The ICAC Act requires the Commission to publish the standard operating procedures governing the exercise of investigative powers.

1. Production of statement of information
2. Require a person to disclose identity
3. Enter and search warrants
4. Seizure and retention orders
5. Arrest
6. Inspection of financial records

Confidentiality

Any information that relates to a complaint, report, investigation, referral or evaluation under the ICAC Act, is subject to confidentiality provisions as set out in section 54 of the Act. Those confidentiality provisions prevent you from disclosing any information that might identify a complainant or anyone who is the subject of a complaint. You are also prevented from disclosing any information about investigations, or other operational matters, which you may have received because you have been required to assist ICAC in an investigation or evaluation.

There are some exemptions to the confidentiality restrictions, which are set out in section 54. Additionally, you are prevented from publishing any such information unless authorised by the Commissioner or the Director of OPI.

The identities of public officers who report corrupt conduct to the OPI are also protected by the Public Interest Disclosure Act 2018 (SA).