Independent Commission Against Corruption (ICAC Recommendations) Amendment Bill 2024 (SA)

South Australia Independent Commission Against Corruption (ICAC Recommendations) Amendment Bill 2024 A Bill For An Act to amend the Independent Commission Against Corruption Act 2012.

Contents Part 1—Preliminary 1 Short title Part 2—Amendment of Independent Commission Against Corruption Act 2012 2 Amendment of section 5—Corruption, misconduct and maladministration 3 Amendment of section 7—Establishment and functions of Commission 4 Amendment of section 24—Action that may be taken 5 Substitution of section 25 25 Public statements 6 Amendment of section 36—Prosecutions and disciplinary action 7 Amendment of Schedule 5—Reimbursement of Legal Fees Policy 8 Review of Act Schedule 1—Transitional provision 1 Application of amendment to Schedule 5

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Independent Commission Against Corruption (ICAC Recommendations) Amendment Act 2024.

Part 2—Amendment of Independent Commission Against Corruption Act 2012 2—Amendment of section 5—Corruption, misconduct and maladministration Section 5(1)—after paragraph (ba) insert: (c) any other offence (including an offence against Part 5 (Offences of dishonesty) of the Criminal Law Consolidation Act 1935) that is punishable by a term of imprisonment of 2 years or more that is committed by a public officer while acting in their capacity as a public officer or by a former public officer and related to their former capacity as a public officer, or by a person before becoming a public officer and related to their capacity as a public officer, or an attempt to commit such an offence; or 3—Amendment of section 7—Establishment and functions of Commission Section 7(1)(a)—delete paragraph (a) and substitute: (a) to identify corruption in public administration and do any of the following: (i) investigate and refer it to a prosecution authority for prosecution; (ii) investigate and refer it to a law enforcement agency for any further investigation and prosecution; (iii) refer it to a law enforcement agency for investigation and prosecution; 4—Amendment of section 24—Action that may be taken (1) Section 24—after subsection (1) insert: (1a) The Commission may also assess, according to the criteria set out in section 18E(1), any matter identified by the Commissioner acting on their initiative or by the Commission in the course of performing functions under this or any other Act and if such a matter is assessed by the Commission as raising a potential issue of corruption in public administration that could be the subject of a prosecution, the matter is taken to have been referred to the Commission under this Act. (2) Section 24(2)—after "referred to the Commission" insert: (including in accordance with subsection (1a)) 5—Substitution of section 25 Section 25—delete the section and substitute: 25—Public statements The Commission may make a public statement in connection with a particular matter if, in the Commissioner's opinion, it is appropriate to do so in the public interest, having regard to the following: (a) the benefits to an investigation or consideration of a matter under this Act that might be derived from making the statement; (b) the risk of prejudicing the reputation of a person by making the statement; (c) whether the statement is necessary in order to allay public concern or to prevent or minimise the risk of prejudice to the reputation of a person; (d) if an allegation against a person has been made public and, in the opinion of the Commissioner following an investigation or consideration of a matter under this Act, the person is not implicated in corruption, misconduct or maladministration in public administration—whether the statement would redress prejudice caused to the reputation of the person as a result of the allegation having been made public; (e) the risk of adversely affecting a potential prosecution; (f) whether any person has requested that the Commission make the statement. 6—Amendment of section 36—Prosecutions and disciplinary action (1) Section 36(1) and (1a) —delete subsections (1) and (1a) and substitute: (1) On completing an investigation or at any time during an investigation, the Commission may do 1 or more of the following: (a) refer a matter to a prosecution authority for prosecution; (b) refer a matter to the relevant law enforcement agency for further investigation and potential prosecution; (c) refer a matter to a public authority for further investigation and potential disciplinary action against a public officer for whom the authority is responsible. (2) Section 36(2)—after "the relevant" insert: prosecution authority, 7—Amendment of Schedule 5—Reimbursement of Legal Fees Policy (1) Schedule 5, clause 1, definition of Government employee—after paragraph (a) insert: (ab) a person who is employed by the Commission under this Act; or (2) Schedule 5, clause 1, definition of relevant ICAC investigation—after "this Act" insert: and includes a review conducted in accordance with Schedule 4 (3) Schedule 5, clause 3(a)—delete paragraph (a) and substitute: (a) the Government employee, Government Board appointee, Minister or Member of Parliament has not, as a result of the relevant ICAC investigation, been convicted of an offence or had a finding made against them that is, in the opinion of the Crown Solicitor (or some other person authorised by the Crown Solicitor), a material adverse finding; and (4) Schedule 5, clause 5(2)(d)—after "offence" insert: , or have a finding made against them, of a kind (5) Schedule 5, clause 6(1)(a)—after "offence" insert: , or have a finding made against them, of a kind 8—Review of Act (1) The Minister must cause an independent review of the Independent Commission Against Corruption Act 2012 to be conducted, and a report on the review to be prepared and submitted to the Minister, within the period of 6 months after the commencement of this Act. (2) The Minister must cause a copy of a report submitted under subsection (1) to be laid before both Houses of Parliament within 12 sitting days after receiving the report.