Under current legislation the Commissioner must conduct misconduct and maladministration investigations in private.
Misconduct and maladministration matters are ordinarily referred to an inquiry agency or public authority for investigation. However, the Commissioner can in some circumstances investigate misconduct and maladministration herself.
Those circumstances are set out in the ICAC Act and require the misconduct and maladministration to be serious or systemic.
Although misconduct and maladministration investigations must be undertaken in private, the Commissioner has the discretion to publish a public report or statement about an investigation.
The Commissioner’s annual reports provide information about the number of misconduct and maladministration investigations undertaken each year.
On 7 May 2020 former Independent Commissioner Against corruption, the Hon. Bruce Lander QC, issued a public statement announcing he was conducting an investigation in respect of allegations of improper conduct by the Vice-Chancellor of the University of Adelaide and the manner in which the University dealt with those allegations.
Statement about an investigation
On 26 August 2020 Commissioner Lander issued a Statement About an Investigation in respect of his investigation of improper conduct by the Vice-Chancellor of the University of Adelaide. The statement details that a finding was made against one person and that eight recommendations were made to the University.
The statement is authorised by s 26(3) of the Ombudsman Act.
On 25 May 2017, whilst giving evidence before the Crime and Public Integrity Policy Committee, former Commissioner Lander announced that he would undertake an investigation with respect to the management and delivery of services and care at the Oakden Older Persons Mental Health Facility. He issued a public statement to this effect on the same day.
On 28 February 2018, former Commissioner Lander finalised and published his report in relation to the Oakden Older Persons Mental Health Facility.
The report, titled Oakden: A Shameful Chapter in South Australia’s History, makes findings against five individuals and the Northern Adelaide Local Health Network. It also makes 13 recommendations.
A4, 456 pages, PDF 8.92 MB
ICAC Report - Oakden: A Shameful Chapter in South Australia's History
Terms of Reference
On 30 May 2017, Commissioner Lander held a press conference outline the terms of reference of the investigation.
On 22 January 2015 former Commissioner Lander issued a public statement announcing he was investigating the sale of State Government land at Gillman to determine if there was any evidence of maladministration.
On 14 October 2015, former Commissioner Lander finalised and published his report into the sale of State Government owned land at Gillman.
The investigation found that South Australia’s Urban Renewal Authority, Renewal SA, had “engaged in maladministration in public administration, in that its practices resulted in a substantial mismanagement of public resources.”
The former Chief Executive of the Urban Renewal Authority, Mr Fred Hansen, and the former Chief Operating Officer, Mr Michael Buchan, were also found to have engaged in conduct that constituted maladministration.
A4, 266 pages, PDF 4.32 MB
Related public statements
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