Independent Commission Against Corruption Act 2012 (SA)

South Australia Independent Commission Against Corruption Act 2012 An Act to establish the Independent Commission Against Corruption and the Office for Public Integrity; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Primary objects 4 Interpretation 5 Corruption, misconduct and maladministration 6 Parliamentary privilege unaffected Part 2—Independent Commission Against Corruption 7 Establishment and functions of Commission 8 Commissioner 9 Deputy Commissioner 10 Pension rights 11 Acting Commissioner 12 Employees 13 Use of services or staff of other government entities 14 Examiners and investigators 15 Cooperation with law enforcement agencies 16 Delegation Part 3—Office for Public Integrity Division 1—Establishment and functions 17 Establishment of Office and functions 18 Director of OPI Division 2—Complaints and reports 18A Complaints system 18B Reporting system 18C Obstruction of complaint or report 18D False or misleading statements in complaint or report etc Division 3—Assessment 18E Assessment of complaint or report Division 4—Referrals 18F Action that may be taken following assessment 18G Referral to inquiry agency Part 4—Procedures and powers of Commission Division 2—Investigations 24 Action that may be taken 25 Public statements 26 Standard operating procedures 27 Management of investigation 28 Production of statement of information 29 Examination and production of documents and other things 29A Power to authorise inspection of financial records etc 30 Power to require person to disclose identity 31 Enter and search powers under warrant 32 Seizure and retention order procedures 33 Obstruction 34 Limiting action by other agencies and authorities 35 Injunction to refrain from conduct pending investigation 36 Prosecutions and disciplinary action 36A Determination of Commission's jurisdiction 39 Request for Auditor‑General to examine accounts 39A Information to be provided Division 3—Evaluation of agency or authority practices 40 Evaluation of practices, policies and procedures Division 4—Recommendations and reports by Commission 41 Recommendations 42 Reports Division 5—Miscellaneous 43 Referral of matter etc does not limit performance of functions 44 Public authority to assist with compliance by public officers Part 5—Accountability 45 Annual reports by Office and Commission 46 Reviews 47 Crime and Public Integrity Policy Committee 48 OPI and Commission websites 49 Provision of information to Attorney‑General Part 6—Miscellaneous 50 No obligation on persons to maintain secrecy 51 Arrangements for provision of information by Commissioner of Police 52 Commission to be regarded as law enforcement body 53 Impersonation 54 Confidentiality 55 Proceedings to be heard in private 56A Use of evidence or information 57 Victimisation 58 Service 59 Evidence 59A Legal assistance 60 Regulations Schedule 1—Public officers, public authorities and responsible Ministers Schedule 2—Examination and production of documents and other things 1 Interpretation 2 Examinations 3 Conduct of examination 4 Power to summon witnesses and take evidence 5 Power to obtain documents 6 Disclosure of summons or notice may be prohibited 7 Offences of disclosure 8 Failure of witnesses to attend and answer questions 9 Warrant for arrest of witness 10 False or misleading evidence 11 Protection of witnesses from harm or intimidation 12 Contempt of Commission 13 Supreme Court to deal with contempt 14 Conduct of contempt proceedings 15 Person in contempt may be detained 16 Examiner may withdraw contempt application 17 Legal protection of examiners, counsel and witnesses 18 Order for delivery to examiner of passport of witness 19 Offence to hinder, obstruct or disrupt Schedule 3—Search warrants and privilege 1 Interpretation 2 Privilege claims in relation to search warrants 3 Application to Supreme Court to determine privilege 4 Determination of privilege claims Schedule 4—Inspector and reviews Part 1—Preliminary 1 Interpretation Part 2—Inspector and Deputy Inspector 2 Inspector 3 Deputy Inspector 3A Delegation 4 Use of services or staff of administrative units Part 3—Powers 5 Evidence 6 Issue of summons 7 Production of documents etc 8 Entry and search Part 4—Reviews 9 Reviews Schedule 5—Reimbursement of Legal Fees Policy 1 Interpretation 2 Who can claim for reimbursement 3 Additional criteria for reimbursement 4 Reasonable costs 5 Procedure for reimbursement 6 Interim payments Legislative history