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Independent Commission Against Corruption (ICAC) and the Office for Public Integrity (OPI)

The Independent Commission Against Corruption (ICAC) and the Office for Public Integrity (OPI) are standalone, independent bodies established under the Independent Commission Against Corruption Act 2012 (SA) (ICAC Act).

The ICAC Act as in force before the commencement of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 continues to apply in relation to a complaint made on or before 25 August 2021 under any of the integrity Acts.

Complaints about corruption in public administration continue to be investigated by the ICAC. The ICAC no longer investigates complaints about misconduct and maladministration in public administration, but refers such complaints to the South Australian Ombudsman for investigation. Reports of misconduct or maladministration in public administration can still be made to the Office for Public Integrity.

Inquiry agencies, public authorities and public officers (including public sector employees and contractors) have an obligation to report matters that they reasonably suspect involve corruption in public administration to the Office for Public Integrity (OPI), unless it has already been reported [see Independent Commission Against Corruption Act 2012 (SA) s 18B and OPI Directions and Guidelines]. Obstructing the making of a complaint, as well as the making of a false or misleading complaint, are offences against the Act.

Relevant Definitions

Corruption is defined in section 5 of the Independent Commission Against Corruption Act 2012 (SA) as conduct of a public officer (in their capacity as a public officer) that amounts to certain criminal offences. This includes abusing power or position for a benefit, bribery, and breaching the duty of all public sector employees to act honestly at all times in the performance of their duties, whether within or outside of South Australia.

Misconduct and maladministration in public administration are defined in section 4 of the Ombudsman Act 1972 (SA). For more information, see the South Australian Ombudsman Law Handbook page.

To find out more information or make a complaint, visit the ICAC website (for reporting corruption) or the OPI website.

Independent Commission Against Corruption (ICAC) and the Office for Public Integrity (OPI)  :  Last Revised: Fri Dec 10th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.