Independent Commission Against Corruption

The Hon. S.L. GAME (14:45): I seek leave to make a brief explanation before directing a question to the Attorney-General regarding South Australia's Independent Commission Against Corruption.

Leave granted.

The Hon. S.L. GAME: I refer to reports from the Independent Commissioner Against Corruption, Ann Vanstone, tabled by your government in both houses on Tuesday 27 August 2024. One of the reports states that some South Australian police officers prioritise protecting their fellow officers over upholding and enforcing the law.

Referencing failures to uphold or enforce the law, the report also speaks of what is known as the 'blue code' or 'blue wall of silence', which includes the refusal of SAPOL officers to provide affidavits to help carry out investigations into their colleagues. The ICAC has recommended the state government give it the power to direct a public officer who is a potential witness in an investigation to provide an affidavit to commission investigators or face penalties for refusing to do so.

In reports highlighted by The Advertiser, Ms Vanstone outlined one investigation when two police officers allegedly assaulted a community member during and shortly after an arrest:

In that investigation, several SAPOL officers who were potential witnesses to the conduct…refused to provide affidavits to commission investigators.

When I met with Ms Vanstone recently, she expressed her concerns about ICAC being unable to refer evidence directly to the Director of Public Prosecutions and instead being compelled to use SAPOL in an intermediary capacity following revised legislation passed in 2021. My questions to the Attorney-General are:

1. Does the government admit that those 2021 changes were erroneous, have made it more likely for corruption to occur in our state and have resulted in South Australian police officers being put in a position where they potentially have divided loyalties?

2. Will the government now consider the ICAC legislation pieces put forward in this parliament that address the scenario along with other concerns about the ICAC legislation outlined by Ms Vanstone?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:47): In relation to the second part of the question, I am not sure it is appropriate to comment on legislation that is before our chamber but, like with any suggestions that are put forward, we will consider them as we have considered suggestions that others have put forward in relation to our integrity agencies, how they operate and how they interact.

In relation to the first question about previous changes that have been made to the ICAC Act that were supported unanimously by both houses of parliament, I note that there are some parts of those that have been in operation for barely two years. We are, of course, as I said in relation to the answer to the second part of the question—which I did first—open to considering sensible reforms put forward. We are not contemplating wholesale changes, but certainly we are open to considering sensible reform that may be put forward.