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Controversial SA ICAC bill ‘extraordinary’, commissioner says

The South Australian Independent Commissioner Against Corruption has slammed the state government over its “extraordinary” passage of a bill to rewrite the anti-corruption body’s governing laws, which may ultimately dismantle the office and act as a “shelter for politicians” to protect them from any scrutiny in future. 

user iconNaomi Neilson 27 September 2021 Big Law
Controversial SA ICAC bill ‘extraordinary’, commissioner says
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In the space of just two days, the state government voted on the bill introduced in late August and unanimously passed it through, a move Independent Commissioner Against Corruption (ICAC) Ann Vanstone told media was “extraordinary”. The bill is now being criticised for effectively stripping the ICAC office of its powers.

Under the new legislation, Ms Vanstone’s previous roles of investigating misconduct and maladministration have been passed onto the state ombudsman, who has also flagged several concerns with the bill. Namely, Ombudsman Wayne Lines said the definition of misconduct had been narrowed too far for effective investigations.

In evidence to parliament before the passage of the bill, Ms Vanstone was critical of changes that would shield politicians from investigation, particularly during a time when two state MPs were facing the courts on charges related to ICAC inquiries. 

“The first thing about this bill, which hits one in the eye, is that the shelter for politicians, that is parliamentary privilege, is to be built into a 20-foot wall,” Ms Vanstone said. “An immediate aim seems to be to protect themselves from scrutiny.” 

The bill follows a parliamentary inquiry that consisted of testimony from people claiming that their lives were “ruined” by ICAC investigations. Ms Vanstone said that the investigations in her office are no different from other investigative authority bodies and that often there is a necessary cost of the open justice system.

SA-BEST crossbench MP Frank Pangallo, who introduced the bill, said it streamlined the powers and responsibilities of ICAC to focus on particular matters. 

“Anti-corruption and integrity agencies have a critical role to play in our society because serious corruption and misconduct in our public sector must not be allowed to flourish unchecked,” he told media. “However, after eight years of substantial expenditure, secret investigations, underwhelming results, controversy and criticism, changes to the way ICAC functions are appropriate.”  

Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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