The ICAC investigates and exposes corruption in public administration in South Australia. Established under the Independent Commission Against Corruption Act 2012 (SA), ICAC can refer criminal conduct for prosecution, including serious offences like bribery, abuse of public office, and misuse of public funds.

Under section 5 of the ICAC Act 2012 (SA), corruption includes:

• Bribery or threats against public officers
• Abuse of public office for personal gain
• Demanding benefits on the basis of public position
• Offences under laws such as the Public Sector (Honesty and Accountability) Act 1995, Public Corporations Act 1993, and Lobbyists Act 2015

• Corruption: Criminal conduct by a public officer (e.g. bribery, abuse of power).
• Misconduct: Breach of code of conduct or standards without necessarily being criminal.
• Maladministration: Inefficient, negligent or improper public administration (e.g. procedural unfairness).

Since 2021, ICAC investigates only corruption, while misconduct and maladministration are now referred to the South Australian Ombudsman.

ICAC has powers to:

• Compel witnesses and documents
• Conduct private or public hearings
• Refer matters to the Office for Public Integrity (OPI) or the DPP
• Initiate investigations based on mandatory reports, complaints, or referrals

The OPI receives complaints about corruption, misconduct, or maladministration in public administration. It acts as the initial filter for referrals to ICAC or the Ombudsman, depending on the nature of the allegation.

Under section 18B of the ICAC Act, public officers (including government employees and contractors) must report suspected corruption to the OPI. Failing to report may constitute a breach of professional or legal obligations.

Yes. Obstructing a person from reporting to ICAC or OPI is an offence under section 18C of the ICAC Act. Likewise, knowingly making a false or misleading complaint is also an offence under section 18D.

Generally, no. ICAC focuses on public officers and public administration. However, private individuals or corporations can become subjects of ICAC investigations if they aid, abet, or conspire with public officers to commit corruption offences.

Yes. Complaints can be made anonymously, but this may limit the ability to follow up or request additional information. Confidentiality is taken seriously to protect whistleblowers.

The OPI assesses the complaint to determine whether to:

• Refer it to ICAC (for corruption)
• Refer it to the Ombudsman (for misconduct/maladministration)
• Refer it to another relevant body
• Dismiss the complaint if it lacks substance

Examples of ICAC investigations include:

• Public sector officers accepting bribes
• Improper awarding of government contracts
• Misuse of public funds or entitlements

ICAC publishes summaries of investigations where public interest justifies disclosure.

ICAC itself does not issue penalties. If a matter is referred to the South Australian Director of Public Prosecutions, penalties may include:

• Imprisonment
• Fines
• Loss of employment or disqualification from public office

Unlike some states, South Australia’s ICAC now focuses solely on corruption. For example:

• In NSW, ICAC also investigates serious misconduct
• In Victoria, the IBAC handles both corruption and misconduct

The 2021 reforms narrowed ICAC SA’s scope to avoid jurisdictional overlap with the Ombudsman.

Most ICAC investigations are conducted privately, but public hearings can be held where there is overwhelming public interest and no risk to ongoing legal proceedings.

The Whistleblowers Protection Act 1993 (SA) protects individuals who report public interest information to ICAC or OPI. Protections may include:

• Anonymity
• Protection from dismissal or victimisation
• Legal immunity in some cases