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Misconduct & maladministration investigations

Under current legislation the Commissioner must conduct misconduct and maladministration investigations in private.

The ICAC Act intends the Commissioner refer serious or systemic misconduct and maladministration to an inquiry agency or public authority for investigation. However, the Commissioner can in some circumstances investigate misconduct and maladministration himself.

Those circumstances are set out in the ICAC Act and require the misconduct and maladministration to be serious or systemic.  Where the investigation relates to serious or systemic misconduct or maladministration, the Commissioner must be satisfied that it is in the public interest that he conduct the investigation.

Although misconduct and maladministration investigations must be undertaken in private, the Commissioner has the discretion to issue a public statement about an investigation and in certain circumstances to publish an investigation report.  

Since the Commissioner's office commenced he has undertaken a number of maladministration investigations. The Commissioner has published a public report on two occasions.

The Commissioner’s annual reports provide information about the number of misconduct and maladministration investigations undertaken by the Commissioner each year.

Oakden investigation

On 25 May 2017, whilst giving evidence before the Crime and Public Integrity Policy Committee, the Commissioner announced that he would undertake an investigation with respect to the management and delivery of services and care at the Oakden Older Persons Mental Health Facility. He issued a public statement to this effect on the same day.

Report

On 28 February 2018, the Commissioner finalised and published his report in relation to the Oakden Older Persons Mental Health Facility.

The report, titled Oakden: A Shameful Chapter in South Australia’s History, makes findings against five individuals and the Northern Adelaide Local Health Network. It also makes 13 recommendations.

“Every South Australian should feel outraged at what happened at the Oakden Facility,” said Commissioner Lander.

Please note that the report is 8.9 MB and may take some time to load.

View the report – Oakden: A Shameful Chapter in South Australia's History

Terms of Reference

On 30 May 2017, the Commissioner held a press conference outline the terms of reference of the investigation.

View the Terms of Reference

Public call for information

Commissioner Lander issued a further public statement for assistance from members of the public who may have information relevant to the investigation.

If you have made a complaint or report or expressed concern to a government agency or public officer about Oakden in the last 10 years, you are encouraged to come forward.

Related documents

Media Release – Who and what can the ICAC investigate? 8 May 2017
Public Statement – Maladministration investigation in relation to Oakden, 25 May 2017
Public Statement - Oakden Investigation call for information, 30 May 2017
Newsletter – Oakden Update, January 2018
Public Statement – Oakden Investigation, 5 February 2018
Public Statement – Oakden Report published, 28 February 2018

Gillman investigation

On 22 January 2015, the Independent Commissioner Against Corruption released a public statement announcing he was investigating the sale of State Government land at Gillman to determine if there was any evidence of maladministration.

Report

On 14 October 2015, the Commissioner finalised and published his report into the sale of State Government owned land at Gillman.

The investigation found that South Australia’s Urban Renewal Authority, Renewal SA, had “engaged in maladministration in public administration, in that its practices resulted in a substantial mismanagement of public resources.”

The former Chief Executive of the Urban Renewal Authority, Mr Fred Hansen, and the former Chief Operating Officer, Mr Michael Buchan, were also found to have engaged in conduct that constituted maladministration.

View the Report – Sale of State Owned Land at Gillman

Related public statements

Public Statement – Report released, 14 October 2015
Public Statement – Investigation into sale of land at Gillman, 22 January 2015