Independent Commission Against Corruption (Miscellaneous) Amendment Bill 2024 (SA)

South Australia Independent Commission Against Corruption (Miscellaneous) Amendment Bill 2024 A Bill For An Act to amend the Independent Commission Against Corruption Act 2012 and to make related amendments to the Ombudsman Act 1972 and the Public Finance and Audit Act 1987.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Independent Commission Against Corruption Act 2012 3 Amendment of section 39A—Information to be provided 4 Amendment of Schedule 4—Inspector and reviews 5 Amendment of Schedule 5—Reimbursement of Legal Fees Policy Schedule 1—Related amendments and transitional provisions Part 1—Related amendment of Ombudsman Act 1972 1 Amendment of Schedule 1—Reimbursement of Legal Fees Policy Part 2—Related amendment of Public Finance and Audit Act 1987 2 Amendment of heading to Part 2 Division 4 3 Insertion of section 20B 20B Legal assistance costs Part 3—Transitional provisions 4 Application of amendment to Schedule 5 of Independent Commission Against Corruption Act 2012 5 Application of amendment to Schedule 1 of Ombudsman Act 1972

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 (Miscellaneous) Amendment Act 2024. 2—Commencement (1) Subject to this section, this Act comes into operation on the day on which it is assented to by, or on behalf of, the Crown. (2) Section 3 comes into operation on a day to be fixed by proclamation. (3) Section 4(2) and (3) are taken to have come into operation on 5 December 2022.

Part 2—Amendment of Independent Commission Against Corruption Act 2012 3—Amendment of section 39A—Information to be provided Section 39A—after its present contents (now to be designated as subsection (1)) insert: (2) However, the Commission or the agency or authority (as the case requires) is not required to inform a person who was the subject of an investigation of a determination under subsection (1) if the Supreme Court has authorised the withholding of the information on an application made under subsection (3). (3) If the Commission or a law enforcement agency or public authority makes a determination referred to in subsection (1)(a) or (b), they may apply to the Supreme Court, within 5 business days after making the determination (or such longer period as may be allowed by the Court), for an order authorising them to withhold information relating to the determination from a person the subject of the investigation— (a) for a specified period; or (b) until the happening of a specified event; or (c) if the Court is satisfied that the person is not aware that they were the subject of the investigation—until further order of the Court. (4) The Supreme Court may make an order on an application under subsection (3) if the Court is satisfied that— (a) informing the person will— (i) be likely to compromise another investigation by the Commission or by a law enforcement agency or public authority; or (ii) give rise to an imminent risk to the safety of a person or persons; and (b) the making of the order is reasonable in all the circumstances. (5) If an application is made to the Supreme Court under subsection (3)— (a) the information to which the application relates is only required to be disclosed— (i) if the application is withdrawn or otherwise discontinued; or (ii) if the Court refuse to grant the order; or (iii) if the Court makes an order—in accordance with the terms of the order; and (b) only the applicant is a party to the proceedings; and (c) the application must be heard and dealt with by the Court as expeditiously as possible. (6) The applicant for an order under this section may apply to the Supreme Court at any time for a variation, or revocation, of the order. 4—Amendment of Schedule 4—Inspector and reviews (1) Schedule 4—after clause 3 insert: 3A—Delegation (1) The Inspector may delegate to the Deputy Inspector or another person (including a person for the time being performing particular duties or holding or acting in a specified position) a function or power under this Act. (2) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in a matter; and (d) is revocable at will. (2) Schedule 4, clause 9—after subclause (1) insert: (1a) The powers of the Inspector under this clause to examine any particular exercises of power by the Office or the Commission (or to make any recommendations following such an examination) extend to exercises of power by the Office, the Commissioner or the Commission whenever occurring (including, to avoid doubt, exercises of power occurring before the commencement of section 59 of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 or before the commencement of the other provisions of that Act). (3) Schedule 4, clause 9—after subclause (11) insert: (12) A review continued in accordance with Schedule 1 clause 74 of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 is to be so continued by the Inspector under this clause. (13) Schedule 1 clause 70 of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 does not apply in relation to the Inspector or functions of the Inspector. 5—Amendment of Schedule 5—Reimbursement of Legal Fees Policy (1) Schedule 5, clause 1, definition of Member of Parliament or Member—delete the definition and substitute: Member of Parliament or Member includes a former Member where the investigation or proceeding concerns conduct that occurred at a time when that person was a Member of Parliament; Minister includes a former Minister where the investigation or proceeding concerns conduct that occurred at a time when that person was a Minister; (2) Schedule 5, clause 1, definition of relevant ICAC investigation—after "this Act" insert: and includes any criminal proceedings instituted as a result of such an investigation (3) Schedule 5, clause 3(a)—delete "indictable offence that constitutes corruption in public administration" and substitute: offence