Other investigations
The Commission can investigate allegations of breaches of discipline by South Australia Police if those allegations are referred to the Commission by the OPI under the Police Complaints and Discipline Act 2016 (SA). These investigations are not common. Most breaches of discipline are dealt with by South Australia Police. However, there are some circumstances where a matter might be best dealt with by an independent authority.
Confidentiality
Any information that relates to a complaint, report, assessment or investigation under the Police Complaints and Discipline Act 2016 (SA) is subject to confidentiality provisions as set out in section 45 of that Act. Those confidentiality provisions prevent you from disclosing any information that might identify a complainant or anyone who is the subject of a complaint. You are also prevented from disclosing any information about investigations, or other operational matters, which you may have received because you have been required to assist the Commission in an investigation under the Police Complaints and Discipline Act 2016 (SA).
There are some exemptions to the confidentiality restrictions, which are set out in section 45.
You are also prevented from publishing any such information unless authorised by the Commissioner, the Director of OPI or the Commissioner of Police. This is set out in section 46 of the Police Complaints and Discipline Act 2016 (SA).
Misconduct and maladministration investigations prior to October 2021
Prior to the October 2021 amendments to the ICAC Act, the Commissioner could investigate serious or systemic misconduct and maladministration in public administration. Those investigations were also conducted in private. However, three of those investigations resulted in a public report or statement.
Statement: Misconduct by the Vice-Chancellor of the University of Adelaide (2020)
In April 2020 the former Commissioner, the Hon. Bruce Lander KC, commenced an investigation into allegations of serious misconduct by the Vice-Chancellor of the University of Adelaide, and the way the university dealt with those allegations. The Commissioner found that the Vice-Chancellor had committed serious misconduct but did not make a finding against the university in respect of the way the university managed the complaint. Eight recommendations were made.
The investigation focussed on three issues:
- The Vice-Chancellor’s alleged conduct towards two university employees in April 2019.
- The manner in which the University dealt with a complaint about the Vice-Chancellor’s conduct.
- The way the university treated one of the complainants after she had made a complaint about the Vice-Chancellor.
The Commissioner prepared a report of about 170 pages and had intended to publish that report. However, after receiving submissions from the two victims of the Vice-Chancellor’s misconduct, and others, the Commissioner determined not to publish that report publicly. Instead he prepared a 12 page Statement About an Investigation, so that the matters that were investigated and their conclusions could be known.
Related documents
Report: Oakden Older Persons Mental Health Service
On 28 February 2018, former Commissioner, the Hon. Bruce Lander KC, published his report on his investigation of conduct and practices at the Oakden Older Persons’ Mental Health Service. The report, entitled 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.
The terms of reference for the investigation focused upon the process and management of complaints, and what action was taken as a result of the complaints made, including whether any attempts were made to disguise or amend information relating to complaints.
The report’s recommendations addressed:
- clinical governance and management of the facility
- the need for relevant training of all staff, including in relation to reporting obligations
- the powers of the Chief Psychiatrist and Principal Community Visitor to conduct inspections, and review of capabilities required for community visitors
- review and reporting on the physical condition of mental health service facilities
- implementation of the recommendations of the Chief Psychiatrist’s report on the facility
- review of the role of the Consumer Advisor; review of the use of restrictive practices in facilities
- review of the level and nature of allied health staff support in facilities.
Following announcement of the investigation, the minister with responsibility for oversight of the facility resigned. The senior public servants implicated in the report also left the service. The facility itself was closed on July 2017.
The state government at the time responded to the report (external site), accepting all 13 recommendations and indicating how it proposed to implement them.
The Office of the Chief Psychiatrist has published reports outlining the implementation (external site) of the recommendations contained in the Commission’s report on Oakden.
The exposure of issues at the Oakden facility also had a significant impact at the national level. The Australian Government commissioned a review of the aged care quality regulatory processes (external site) in direct response to the failure of the regulatory accreditation process at Oakden.
The Senate Community Affairs References Committee commenced a review into the “effectiveness of the Aged Care Quality Assessment and accreditation framework for protecting residents from abuse and poor practices, and ensuring proper clinical and medical care standards are maintained and practised.”
The exposure of the operation of the Oakden Facility was cited by the 2021 Royal Commission into Aged Care Quality and Safety as an important catalyst for recognition of the depth of problems in the aged care sector in Australia. In their summary introduction to the Royal Commission report, Commissioners Gatone and Briggs stated:
After years of critical reviews, it took the Oakden catastrophe in South Australia to expose again the cracks in the aged care system.
(Final Report of the Royal Commission into Aged Care Quality and Safety – ‘Care, Dignity and Respect’ Volume 1 (external site): 27).
Related documents
ICAC Report – Oakden: A Shameful Chapter in South Australia’s History
Report: Sale of state-owned land at Gillman
On 22 January 2015 the former Commissioner, the Hon. Bruce Lander KC, 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, 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.
