<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="4.0" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML">
  <name>Legislative Council</name>
  <date date="2023-06-28T11:00:00+09:30" />
  <sessionName>Fifty-Fifth Parliament, First Session (55-1)</sessionName>
  <parliamentNum>55</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="3233" />
  <endPage num="3302" />
  <dateModified time="2023-09-05T12:51:29+09:30" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Independent Commission Against Corruption</name>
      <text id="202306281e00fb2b4ba14966b0000440">
        <heading>Independent Commission Against Corruption</heading>
      </text>
      <talker role="member" id="5419" referenceid="10d60568293c40059d4659591683f18e" kind="question">
        <name>The Hon. F. PANGALLO</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2023-06-28T01:30:00+09:30">
            <name>Independent Commission Against Corruption</name>
          </question>
        </questions>
        <startTime time="2023-06-28T14:41:39+09:30" />
        <text id="202306281e00fb2b4ba14966b0000441">
          <timeStamp time="2023-06-28T14:41:39+09:30" />
          <by role="member" id="5419" referenceid="10d60568293c40059d4659591683f18e">The Hon. F. PANGALLO (14:41):</by>  My question is to the Attorney-General:</text>
        <text id="202306281e00fb2b4ba14966b0000442">1.&amp;#x9;Does he agree with the brutal assessment of barrister Michael Abbott KC about the inspector's report on radio today, saying there should be a requirement for ICAC to apologise and make compensation to persons affected by failed investigations?</text>
        <text id="202306281e00fb2b4ba14966b0000443">2.&amp;#x9;How many ICAC staff involved in the investigation are still employed by ICAC and was the head of investigations, Mr Baker, removed or did he resign of his own volition?</text>
      </talker>
      <talker role="member" id="4697" referenceid="c1607c57d2294390bdc2b07c15f35010" kind="answer">
        <name>The Hon. K.J. MAHER</name>
        <house>Legislative Council</house>
        <portfolios>
          <portfolio id="">
            <name>Minister for Aboriginal Affairs</name>
          </portfolio>
          <portfolio id="">
            <name>Attorney-General</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Industrial Relations and Public Sector</name>
          </portfolio>
        </portfolios>
        <questions>
          <question date="2023-06-28T01:30:00+09:30">
            <name>Independent Commission Against Corruption</name>
          </question>
        </questions>
        <startTime time="2023-06-28T14:42:21+09:30" />
        <page num="3261" />
        <text id="202306281e00fb2b4ba14966b0000444">
          <timeStamp time="2023-06-28T14:42:21+09:30" />
          <by role="member" id="4697" referenceid="c1607c57d2294390bdc2b07c15f35010">The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:42):</by>  I thank the honourable member for his question. In relation to ICAC staff, the answer is that I don't know. In a statutory authority like the Independent Commissioner Against Corruption's office, that is entirely a matter for that office in terms of staffing and who they employ. In terms of an individual resigning or how employment was ended, that is not a matter I have knowledge of and it's not a matter that I am responsible for. It is very proper and deliberate that a statutory authority such as ICAC deals with these matters themselves.</text>
        <text id="202306281e00fb2b4ba14966b0000445">In relation to things that have occurred by the ICAC in terms of investigations and the effect that it has on people they are investigating, they were part of the reforms that this parliament unanimously, I think in both chambers, passed to provide the ability for recommendations to be made by the inspector looking at matters such as these in relation to whether there has been undue prejudice towards a particular person. I know that was considered in the particular case of the report that was handed down yesterday and the inspector considered whether any prejudice was undue and involved the consideration about whether the prejudice was unwarranted or inappropriate having regard to the nature of the investigation.</text>
        <text id="202306281e00fb2b4ba14966b0000446">It also required him to be satisfied that a particular exercise of power and performance and function of ICAC can be considered a cause of that undue prejudice. The inspector found in his report that the prejudice caused by the ICAC investigations into the two matters that were referred to in the report were the result of public scrutiny, which was the natural product in the investigations that were reasonable and appropriate.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>