ICAC allegations in the grey zone Melissa Mack | 10 July 2013 Incoming Independent Commissioner Against Corruption Bruce Lander Adelaide | Today’s publication and broadcast of revelations that the Ombudsman will refer allegations about the Port Adelaide Enfield Council to the Office of Public Integrity is almost certain to be illegal after September 1. When the state’s Independent Commissioner Against Corruption Bruce Lander and Office of Public Integrity starts work, it will be an offence to identify a person who is, or might be, a subject of investigation by the Office of Public Integrity or the ICAC. It will also be illegal to identify a person who has made or is about to make a complaint or referral under the act. The Commissioner is able to make public reports regarding cases at his own discretion. Reported today by The Advertiser and the ABC, the Port Adelaide Enfield Council case relates to staff redundancies and pay-outs. State Ombudsman Richard Bingham, who has investigated the case, has said he will refer it to the OPI. While today’s revelations will be in offence in just under two months, it is now a grey area. Attorney-General John Rau was not available to comment on the possibility that more cases could be aired publicly before all of the provisions of the ICAC Act come into force in September. Law Society president John White said it was difficult to predict whether there would be an increase in allegations of corruption before September. “ICAC will operate as an addition to existing processes that are in place to investigate corruption allegations,” White said. “People will still be able to make corruption complaints to the police. It is at the discretion of the police whether or not details of their investigations are disclosed. “While ICAC investigations are expected to be confidential, that won’t necessarily stop the people making corruption allegations from revealing their allegations.” Earlier this year, the Independent Commissioner Against Corruption, Justice Bruce Lander, briefed media on the ICAC Act and his powers, including warning against the publication of matters that have been, or may be, referred to the ICAC or Office of Public Integrity.
Posted on: Wed, 10 Jul 2013 03:36:11 +0000
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