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 section 39A—Information to be provided 8 Amendment of section 42—Reports 9 Substitution of section 51 51 Arrangements for provision of information 10 Amendment of Schedule 5—Reimbursement of Legal Fees Policy 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 (1) Section 5(1)—after paragraph (ba) insert: (c) any other offence involving theft, dishonesty or violence 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 (2) Section 5—after subsection (1) insert: (2) If the Commissioner suspects that an offence that is not corruption in public administration (an incidental offence) may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of corruption in public administration (whether or not the Commission has identified the nature of that corruption), then the incidental offence is, for so long only as the Commissioner so suspects, taken for the purposes of this Act to be corruption in public administration. 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 section 39A—Information to be provided (1) Section 39A—delete "If—" and substitute: Subject to subsection (2), if— (2) Section 39A—after its present contents (now to be designated as subsection (1)) insert: (2) If the Commission, agency or authority (as the case may be) is satisfied that a person was not aware that they were the subject of an investigation, the Commission, agency or authority (as the case may be) is not required to comply with subsection (1) in relation to that person. 8—Amendment of section 42—Reports Section 42(1a)—delete subsection (1a) and substitute: (1a) The Commission must not prepare a report under this section setting out findings or recommendations resulting from a completed investigation into a potential issue of corruption in public administration unless— (a) all criminal proceedings arising from that investigation are complete; or (b) the Commission is satisfied that no criminal proceedings will be commenced as a result of the investigation, in which case the report must not identify any person involved in the investigation. 9—Substitution of section 51 Section 51—delete the section and substitute: 51—Arrangements for provision of information (1) The relevant authorities are to enter into arrangements with the Commissioner under which the Commission is given access to information and databases (including confidential information and databases) for the purposes of assessments and investigations under this Act and for appropriate protection of the confidentiality of the information accessed. (2) In this section— relevant authorities are the following: (a) the Commissioner of Police; (b) the Director of OPI; (c) the Ombudsman. 10—Amendment of Schedule 5—Reimbursement of Legal Fees Policy (1) 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 (2) Schedule 5, clause 5(2)(d)—after "offence" insert: , or have a finding made against them, of a kind (3) Schedule 5, clause 6(1)(a)—after "offence" insert: , or have a finding made against them, of a kind