The ICAC’s functions under the Independent Commission Against Corruption Act 2012 (SA) are designed to further the identification and investigation of corruption in public administration, and the prevention or minimisation of corruption in public administration, including through referral of potential issues, education and evaluation of practices, policies and procedures [s 3(1)(a)]. It is intended that the ICAC will exercise its functions only in relation to corruption in public administration. Matters that raise potential issues of misconduct or maladministration in public administration will be referred to another inquiry agency or to a public authority [s 3(2)].
The ICAC has the following prescribed functions [s 7]:
Investigations
ICAC investigations are conducted in private [s 7(4)(a)].
Action that may be taken [s 24]
If a matter is assessed as raising a potential issue of corruption in public administration that could be the subject of a prosecution and is referred to ICAC, the matter must be either:
Whether action is taken, and what action is taken, in respect of a matter that has been referred to the ICAC is at the absolute discretion of the Commissioner [s 24(2)].
Subject to any directions of the Commissioner, reasonable steps must be taken to ensure that a complainant or reporting agency is informed as to the action, if any, taken by the ICAC in respect of the matter [s 24(3)].
Standard operating procedures [s 26]
The ICAC publishes standard operating procedures governing the exercise of its investigative powers.
Prosecutions and disciplinary action [s 36]
On completing an investigation or at any time during an investigation, the ICAC may refer a matter to the relevant law enforcement agency for further investigation and potential prosecution. The ICAC may also, or additionally, refer a matter to a public authority for further investigation and potential disciplinary action against a public officer for whom the authority is responsible.
To find out more information, visit the ICAC website or the OPI website.
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