The Commission is independent. It is not subject to the direction of any person in relation to the way it carries out its functions and exercises its powers.
However, the Commission is subject to scrutiny to ensure the people of South Australia that its functions are well served, and powers appropriately used.
Accountability Measures
The Commission is subject to the oversight of the Parliamentary Crime and Public Integrity Policy Committee. The Commission is required to promptly provide a copy of any public report, including the annual report, to the committee. The Commissioner gives evidence before this committee each year.
The Commissioner must also keep the Attorney-General informed of the general conduct of the functions of the Commission.
An independent Inspector is appointed to undertake an annual review of the Commission's exercise of powers, to ensure those powers were exercised in an appropriate manner. The review must consider whether there is any evidence of:
- corruption, misconduct or maladministration in public administration on the part of the Commission or employees of the Commission;
- unreasonable delay in the conduct of investigations under the Independent Commission Against Corruption Act 2012 (ICAC Act); or
- unreasonable invasions of privacy by the Commission or employees of the Commission.
The review must also consider whether undue prejudice to the reputation of any person was caused and whether the practices and procedures of the Commission were effective and efficient, and whether the Commission carried out their functions in a manner that was likely to assist in preventing or minimising corruption in public administration
The Inspector may also examine any particular exercises of power by the Commission.
The independent Inspector can also receive complaints from members of the public relating to the conduct of any person exercising or purporting to exercise functions and powers under the ICAC Act.
The role of the Inspector is not to review the decisions of the Commission in relation to the outcome of a complaint or report.
For further information about the role of the Inspector, you can visit the Inspector's website.
Complaints can be made to the reviewer by downloading and completing the complaint form on the Inspector's website and sending it via email to Inspector@sa.gov.au or by mailing it to The Inspector, GPO Box 2371, Adelaide, South Australia, 5001.
Reviews of the Commissions exercise of powers
The Commission is required to publish an Annual Report on its operations (as outlined in section 45(3) of the Independent Commission Against Corruption Act 2012 (ICAC Act)).
The Commission is also accountable to various bodies with oversight of the Commission’s exercise of powers in an operational context, for example the Telecommunications (Interception and Access) Act 1979 (Cth) and the Surveillance Devices Act 2004 (Cth).
The Commission is subject to regular audits.