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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2015-07-01 Daily Xml
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Parliamentary Committees

Crime and Public Integrity Policy Committee: Annual Review

The Hon. G.A. KANDELAARS (16:00): I move:

That the report of the committee, on its annual review into public integrity and the Independent Commissioner Against Corruption, be noted.

The Independent Commissioner against Corruption Act 2012 came into operation on 1 September 2013 and the office of the ICAC opened its doors the next day. The Crime and Public Integrity Policy Committee was also established on 1 September 2013 and the inaugural members of the committee were appointed in May 2014. A key function of the committee is to consider the operation of South Australia's integrity bodies, including:

the ICAC, whose roles include the investigation of corruption and the oversight of the investigation of misconduct and maladministration in public administration;

the Office of Public Integrity, which receives and assesses complaints and reports about potential matters of corruption, misconduct and maladministration in public administration;

the Ombudsman of SA, whose office investigates complaints about the South Australian government and local government agencies;

the Office of the Police Ombudsman, which provides independent oversight of the South Australia Police and its members; and

the Anti-Corruption Branch of SAPOL, which ensures that allegations of corruption in public administration referred to police by the ICAC are appropriately investigated.

Between August 2014 and March 2015, the committee considered 10 annual reports and other reports tabled in parliament from the ICAC, the Ombudsman, the Police Ombudsman, the Commissioner of Police and the independent reviewer of the ICAC. The committee is charged with examining these reports whilst also inquiring into and considering the operation and effectiveness of the ICAC Act. In particular, the committee must:

consider the performance and functions and the exercise of powers by the ICAC and the OPI;

inquire into and consider the performance of functions and exercise of powers by the Ombudsman; and

report to parliament on any matter arising of public policy.

In 2014 the committee received oral evidence from ICAC Commissioner Bruce Lander; the independent reviewer of the ICAC, the Hon. Mr Kevin Duggan; the Acting Ombudsman, Ms Megan Philpot; and the then Police Ombudsman, Ms Sarah Bolt.

In early 2015, the committee also heard evidence from the newly appointed Ombudsman, Mr Wayne Lines, and the new Deputy Ombudsman, Ms Emily Strickland. The committee also heard from SAPOL, namely the Commissioner of Police, Mr Gary Burns; Assistant Commissioner Crime Service, Paul Dickson; Chief Superintendent, Officer in Charge, Ethical and Professional Standards Branch, Peter Harvey; Superintendent Christine Baulderstone, Officer in Charge, Anti-Corruption Branch; and Superintendent Craig Patterson, Officer in Charge, Internal Investigations Section.

The committee found that at this preliminary stage it appears that the ICAC and the OPI have made a positive impact upon the anticorruption framework in South Australia. However, a number of years will need to go by before the full impact can be seen. Despite some of the complexities and recommendations for change, the committee commends all agencies for working together to try to make the new system work.

The committee made 12 recommendations relating to matters of public policy. Overall, the committee found there was a need for a mechanism to allow people to make complaints about how the commissioner exercises his powers. By that I mean the actual exercise of power and not a review of decisions made by the commissioner. The committee also believes that external reviews of freedom of information decisions regarding SAPOL documents should be undertaken by the Ombudsman, not the Police Ombudsman.

Action should be taken to address the uncertainties in the Local Government Act 1999, given that possible sanctions depend on whether reported breaches of code of conduct are made to the Ombudsman or OPI. The legislative framework regarding complaints about police misconduct and corruption should be simplified. A review should be undertaken to determine if it is practicable to legislate for the sharing of personal information to better protect children, young people and vulnerable adults.

Government documents should be more readily available under the Freedom of Information Act with more proactive disclosure of information, and further work needs to be done to achieve an integrated model of public integrity in South Australia which is accessible, efficient, effective and simple. The committee notes that commissioner Lander's current evaluation of practices, policies and procedures of the Police Ombudsman and reviews of legislative schemes will likely address many of the policy issues identified.

On behalf of the committee, I thank all those who gave evidence to the committee. I also thank members of the committee from this chamber: the Hons Robert Brokenshire and Andrew McLachlan, and the Hon. Stephen Wade, who was a former member of the committee in the previous session of the current parliament. From the other place, I thank Mr Chris Picton (member for Kaurna), Mr Lee Odenwalder (member for Little Para) and Mr Vincent Tarzia (member for Hartley). Finally I thank the executive research officer of the committee, Ms Katherine McLachlan, who did an excellent job in supporting the committee and drafting our report.

As an aside, I should also point out, given we are the Crime and Public Integrity Policy Committee, that Ms Katherine McLachlan and the Hon. Andrew McLachlan are not related. I commend this report to the council.

Debate adjourned on motion of Hon. T.J. Stephens.

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