INDEPENDENT COMMISSIONER AGAINST CORRUPTION BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Long title—After 'the Child Sex Offenders Registration Act 2006,' insert:

the City of Adelaide Act 1998,

No. 2. Long title—Delete 'the State Records Act 1997,'

No. 3. New clause, page 11, after line 37—After clause 5 insert:

5A—Parliamentary privilege unaffected

Nothing in this Act affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members.

No. 4. Clause 6, page 13, after line 2 [clause 6(4)]—After paragraph (b) insert:

and

(c) as far as is practicable, deals with any allegation against a Member of Parliament or member of a council established under the Local Government Act 1999 before the expiry of his or her current term of office.

No. 5. Clause 6, page 13, after line 2—After subclause (4) insert:

(5) For the purposes of exercising his or her functions under subsection (1)(d) or (e), or for reviewing a legislative scheme under subsection (3), the Commissioner—

(a) may conduct a public inquiry; and

(b) may regulate the conduct of the inquiry as the Commissioner thinks fit,

(and, for the avoidance of doubt, the inquiry will not be a proceeding for the purposes of section 53).

No. 6. Clause 7, page 13, line 4 [clause 7(1)]—After 'Governor' insert:

, on a recommendation made by resolution of both Houses of Parliament,

No. 7. Clause 7, page 13, lines 7 and 8 [clause 7(2)]—Delete 'consecutive terms (including any term as Deputy Commissioner)' and substitute:

terms (including any term as Deputy Commissioner or Acting Commissioner)

No. 8. Clause 7, page 13, after line 15—After subclause (3) insert:

(3a) If a person is a judicial officer immediately before being appointed to be the Commissioner—

(a) the conditions of the appointment should not be less favourable to the person than the conditions of his or her judicial office (when viewed from an overall perspective); and

(b) for the purposes of determining the person's entitlement to recreation leave, sick leave, long service leave or any other kind of leave under this or another Act, the appointment may, at the option of the person, be taken to be a continuation of his or her service as a judicial officer.

No. 9. Clause 8, page 14, lines 24 and 25 [clause 8(3)]—Delete 'consecutive terms (including any term as Commissioner)' and substitute:

terms (including any term as Commissioner or Acting Commissioner)

No. 10. Clause 9, page 15, line 30 [clause 9(1)]—After 'in writing' insert:

made at the time a person is appointed to be the Commissioner or Deputy Commissioner

No. 11. New clause, page 16, after line 10—After clause 9 insert:

9A—Acting Commissioner

(1) The Governor may appoint a person (who may be a Public Service employee) to act as the Commissioner during any period for which—

(a) no person is for the time being appointed as the Commissioner or the Commissioner is absent from, or unable to discharge, official duties; and

(b) no person is for the time being appointed as the Deputy or the Deputy is absent from, or unable to discharge, official duties.

(2) The terms and conditions of appointment are to be determined by the Governor, except that the person may not act as the Commissioner for more than 6 months in aggregate in any period of 12 months.

(3) A person appointed to act as the Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.

No. 12. Clause 16, page 18, after line 4—After subclause (3) insert:

(4) While a Public Service employee is assigned to the Office, directions given to the employee by the Commissioner prevail over directions given to the employee by the chief executive of the administrative unit of the Public Service in which the employee is employed to the extent of any inconsistency.

No. 13. Clause 23, page 20, after line 37—After paragraph (c) insert:

(ca) if an allegation against a person has been made public and, in the opinion of the Commissioner following an investigation or consideration of a matter under this Act, the person is not implicated in corruption, misconduct or maladministration in public administration—whether the statement would redress prejudice caused to the reputation of the person as a result of the allegation having been made public;

No. 14. Clause 33, page 26, lines 41 and 42 [clause 33(3)]—Delete subclause (3)

No. 15. Clause 35, page 27, lines 11 to 13 [clause 35(1)]—Delete subclause (1) and substitute:

(1) The Commissioner must, before referring a matter to an inquiry agency, take reasonable steps to obtain the views of the agency as to the referral.

No. 16. Clause 36, page 28, lines 21 to 23 [clause 36(1)]—Delete subclause (1) and substitute:

(1) The Commissioner must, before referring a matter to a public authority, take reasonable steps to obtain the views of the authority as to the referral.

No. 17. Clause 36, page 28, after line 33—After subclause (3) insert:

(3a) The Commissioner may not give directions to a House of Parliament or the Joint Parliamentary Service Committee in relation to a matter concerning a public officer.

No. 18. Clause 38, page 29, after line 31—After subclause (4) insert:

(5) The Commissioner may not evaluate the practices, policies and procedures of a House of Parliament or a judicial body.

No. 19. Clause 44, page 32, lines 32 and 33 [clause 44(1)]—Delete 'to determine whether powers under this Act were exercised in an appropriate manner' and substitute:

of the operations of the Commissioner and the Office

No. 20. Clause 44, page 32, after line 34—After subclause (1) insert:

(1a) Without limiting the matters that may be the subject of a review, the person conducting a review—

(a) must consider—

(i) whether the powers under this Act were exercised in an appropriate manner and, in particular, whether undue prejudice to the reputation of any person was caused; and

(ii) whether the practices and procedures of the Commissioner and the Office were effective and efficient; and

(iii) whether the operations made an appreciable difference to the prevention or minimisation of corruption, misconduct and maladministration in public administration; and

(b) may make recommendations as to changes that should be made to the Act or to the practices and procedures of the Commissioner or the Office.

No. 21. Clause 44, page 32, after line 39—After subclause (3) insert:

(3a) The report must not include information if publication of the information would constitute an offence against section 54.

No. 22. Clause 45, page 33, line 4—Delete 'Crime and Corruption Policy Review Committee' and substitute:

Crime and Public Integrity Policy Committee

No. 23. Clause 54, page 36, line 7 [Clause 54, penalty provision]—Delete the penalty provision and substitute:

Maximum penalty:

(a) in the case of a body corporate—$150,000;

(b) in the case of a natural person—$30,000.

No. 24. Clause 55, page 36, after line 29—After subclause (4) insert:

(4a) In proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation.

(4b) A person who personally commits an act of victimisation under this Act is guilty of an offence.

Maximum penalty: $10,000.

(4c) Proceedings for an offence against subsection (4b) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions.

No. 25. Clause 58, page 37, line 31 [Clause 58(2)(a)]—Delete '(other than public officers)'

No. 26. Schedule 1, page 38, lines 17 to 40 [Schedule 1, table, rows 3 to 6 (ignoring header row) relating to the Legislative Council and the House of Assembly]—Delete all words on these lines and substitute:

No. 27. Schedule 1, page 39, after line 34—After the entry relating to the Local Government Association of South Australia insert:

No. 28. New Part, Schedule 3, page 53, after line 11—After Schedule 3 Part 3 insert:

Part 3A—Amendment of City of Adelaide Act 1998

3A—Repeal of Part 3 Division 3

Part 3 Division 3—delete the Division

3B—Repeal of Part 3 Division 7

Part 3 Division 7—delete the Division

3C—Repeal of Schedule 2

Schedule 2—delete the Schedule

3D—Transitional provision

Following the repeal of Part 3 Division 7 of the City of Adelaide Act 1998 by clause 3B—

(a) the Register of Interests maintained by the chief executive officer of Adelaide City Council under that Division will be taken to be the Register of Interests the chief executive officer is required to maintain under section 68 of the Local Government Act 1999; and

(b) the information entered into that Register before the repeal will be taken to have been furnished in a return submitted pursuant to Chapter 5 Part 4 Division 2 and Schedule 3 of the Local Government Act 1999.

No. 29. New clause, Schedule 3, page 55, after line 13—After clause 8 insert:

8A—Amendment of section 248—Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings

Section 248(4)(a)—delete 'police with their' and substitute:

a law enforcement body with its

No. 30. Schedule 3, clause 14, page 56, lines 14 to 16 [Schedule 3, clause 14(1), inserted paragraph (fa)]—Delete paragraph (fa)

No. 31. Schedule 3, clause 40, page 65, after line 9 [Schedule 3, clause 40, inserted section 272]—After subsection (3) insert:

(4) The Ombudsman must, at the request of the Minister, provide to the Minister an interim report relating to the investigation, or to any aspect of the investigation specified by the Minister.

(5) The Minister must supply the council with a copy of an interim report and give the council a reasonable opportunity to make submissions to the Minister in relation to the matter unless the Minister considers that providing the report or such an opportunity would be likely to undermine the investigation.

No. 32. Schedule 3, clause 43, page 65, after line 28—Before subclause (1) insert:

(a1) Section 3(1), definition of administrative act, (d)—after 'Crown' insert:

or an agency to which this Act applies

No. 33. New clause, Schedule 3, page 66, after line 8—After Schedule 3 clause 43 insert:

43A—Amendment of section 12—Officers of Ombudsman

Section 12—after subsection (2) insert:

(2a) While a Public Service employee is assigned to work in the office of the Ombudsman, directions given to the employee by the Ombudsman prevail over directions given to the employee by the chief executive of the administrative unit of the Public Service in which the employee is employed to the extent of any inconsistency.

No. 34. New clause, Schedule 3, page 67, after line 35—After Schedule 3 clause 48 insert:

48A—Repeal of section 31

Section 31—delete the section

No. 35. New clause, Schedule 3, page 67, after line 39—After Schedule 3 clause 49 insert:

49A—Amendment of section 15I—Functions of Committee

Section 15I(1)(a)(ii)—after 'that office' insert:

(unless another Committee has the function of inquiring into, considering and reporting on the performance of those functions)

No. 36. Schedule 3, clause 50, page 68, line 3 to page 69 line 6 [Schedule 3, clause 50, inserted Part 5E]—Delete Part 5E

No. 37. Schedule 3, clause 50, page 69, lines 7 and 8 [Schedule 3, clause 50, inserted Part 5F heading]—Delete 'Crime and Corruption Policy Review Committee' and substitute: 'Crime and Public Integrity Policy Committee'

No. 38. Schedule 3, clause 50, page 69, line 11 [Schedule 3, clause 50, inserted section 15P]—Delete 'Crime and Corruption Policy Review Committee' and substitute: 'Crime and Public Integrity Policy Committee'

No. 39. Schedule 3, clause 50, page 69, line 14 [Schedule 3, clause 50, inserted section 15Q(1)]—Delete '7' and substitute: '6'

No. 40. Schedule 3, clause 50, page 69, line 15 [Schedule 3, clause 50, inserted section 15Q(1)(a)]—Delete '4' and substitute: '3'

No. 41. Schedule 3, clause 50, page 69, after line 24 [Schedule 3, clause 50, inserted section 15Q]—After subsection (1) insert:

(1a) A Minister of the Crown is not eligible for appointment to the Committee.

No. 42. Schedule 3, clause 50, page 69, lines 27 and 28 [Schedule 3, clause 50, inserted section 15Q(3)]—Delete 'House of Assembly' and substitute: 'Legislative Council'

No. 43. Schedule 3, clause 50, page 69, lines 32 and 33 [Schedule 3, clause 50, inserted section 15Q(3)]—Delete 'House of Assembly' and substitute: 'Legislative Council'

No. 44. Schedule 3, clause 50, page 69, line 34 to page 70 line 29 [Schedule 3, clause 50, inserted Part 5F Division 2]—Delete Division 2 and substitute:

Division 2—Functions of Crime and Public Integrity Policy Committee

15R—Functions of Committee

(1) The functions of the Crime and Public Integrity Policy Committee are—

(a) to examine—

(i) each annual and other report laid before both Houses prepared by the Independent Commissioner Against Corruption, the Commissioner of Police, the Ombudsman or the Police Ombudsman; and

(ii) each report on a review under section 44 of the Independent Commissioner Against Corruption Act 2012; and

(iii) each report laid before both Houses under the Police Act 1998, the Serious and Organised Crime (Control) Act 2008 or the Serious and Organised Crime (Unexplained Wealth) Act 2009; and

(b) to inquire into and consider the operation of—

(i) the Serious and Organised Crime (Control) Act 2008; and

(ii) the Serious and Organised Crime (Unexplained Wealth) Act 2009; and

(iii) insofar as they are concerned with serious crime, criminal organisations or proceedings under an Act referred to in a preceding subparagraph, the Bail Act 1985, the Controlled Substances Act 1984, the Criminal Law (Sentencing) Act 1988, the Criminal Law Consolidation Act 1935, the Evidence Act 1929, the Juries Act 1927, the Summary Offences Act 1953 and the Summary Procedure Act 1921,

and, in particular—

(iv) how effective those Acts have been in disrupting and restricting the activities of organisations involved in serious crime and protecting members of the public from violence associated with such organisations; and

(v) whether the operation of those Acts has adversely affected persons not involved in serious crime to an unreasonable extent; and

(vi) whether the operation of those Acts has made an appreciable difference to the prevention or minimisation of the activities of organisations involved in serious crime; and

(vii) the effect of the amendments made by the Statutes Amendment (Serious and Organised Crime) Act 2012; and

(c) to inquire into and consider the operation of the Independent Commissioner Against Corruption Act 2012 and, in particular—

(i) the performance of functions and exercise of powers by the Independent Commissioner Against Corruption and the Office for Public Integrity; and

(ii) whether the operation of the Act has made an appreciable difference to the prevention or minimisation of corruption, misconduct or maladministration in public administration; and

(iii) whether the operation of the Act has adversely affected persons not involved in corruption, misconduct or maladministration in public administration to an unreasonable extent; and

(d) to inquire into and consider the performance of functions and exercise of powers by the Ombudsman under the Ombudsman Act 1972 or any other Act; and

(e) to report to both Houses on any matter of public policy arising out of an examination of a report or an inquiry (including any recommendation for change) as the Committee considers appropriate; and

(f) to perform other functions assigned to the Committee under this or any other Act or by resolution of both Houses.

(2) The Independent Commissioner Against Corruption must not disclose to the Crime and Public Integrity Policy Committee information that identifies, or could tend to identify, a person or body (whether incorporated or unincorporated) who is, or has been, the subject of a complaint, report, assessment, investigation or referral under the Independent Commissioner Against Corruption Act 2012 or has provided information or other evidence under that Act, unless the information disclosed to the Committee is already a matter of public knowledge.

(3) Nothing in this section authorises the Crime and Public Integrity Policy Committee—

(a) to investigate a matter relating to particular conduct; or

(b) to obtain—

(i) information classified as criminal intelligence under an Act; or

(ii) information the release of which—

(A) may, in the opinion of the Commissioner of Police, prejudice a South Australia Police investigation; or

(B) may, in the opinion of a person in charge of an investigation being carried out by another body established for law enforcement purposes, prejudice the investigation; or

(c) to reconsider a decision of the Independent Commissioner Against Corruption or any other person or body in relation to a particular matter.

No. 45. Schedule 3, clause 56, page 71, lines 15 to 17—Delete the clause

No. 46. Schedule 3, Part 21, page 73, lines 25 to 37—Delete the Part

No. 47. New clause, Schedule 3, after line 19—After clause 68 insert:

68A—Insertion of section 13

After section 12 insert:

13—Review of operation of Act

(1) The Attorney-General must, as soon as practicable after the first appointment of an Independent Commissioner Against Corruption under the Independent Commissioner Against Corruption Act 2012, conduct a review of the operation and effectiveness of this Act.

(2) The Attorney-General, or a person conducting the review on behalf of the Attorney-General, must consult the Independent Commissioner Against Corruption in relation to the review and have regard to any recommendations of the Commissioner for the amendment or repeal of this Act (unless the Commissioner is the person conducting the review).

(3) The Attorney-General must, within 12 months of the first appointment of an Independent Commissioner Against Corruption, prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.

At 16:36 the house adjourned until Wednesday 17 October 2012 at 11:00.