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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-27 Daily Xml
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Reports from the Independent Commission Against Corruption

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:28): I seek leave to make a ministerial statement.

Leave granted.

The Hon. K.J. MAHER: Today, five reports from the Independent Commission Against Corruption have been tabled in both houses in accordance with section 42(3) of the Independent Commission Against Corruption Act 2012. Commissioner Vanstone requested that, given she is shortly to conclude her role, I consider laying the reports before parliament as soon as possible, allowing her the opportunity to respond to any questions that may arise. I have facilitated this request and I have ensured that all reports that were received by me by close of business yesterday have now been tabled. The five reports tabled are:

The Inside Advantage—a report into recruitment processes by the Public Service and the importance of impartiality of those involved in managing recruitment processes.

When duty calls, who is responding?—a report that stems from an investigation conducted by the former commissioner and relates to SAPOL officers providing statements or affidavits.

The Gatekeepers—a report making six recommendations to improve the governance of ministerial staff.

Grants Administration—a series of evaluations of public authorities and their administration of various grant programs.

A Dependent Commission Against Corruption—a report by the commissioner in relation to amending the Independent Commission Against Corruption Act 2012 (SA) on how the commission refers matters for prosecution.

The five reports make a series of recommendations and observations, and in some circumstances the government has already started to act. I note that none of the reports make any findings of corruption or illegality.

Following the tabling of the reports the state government will now carefully consider the recommendations and observations and take actions, including the following: firstly, in relation to the report 'The Inside Advantage', a report into the recruitment processes by the Public Service and the importance of impartiality of those involved in managing recruitment processes, this report will be referred to the Commissioner for Public Sector Employment, Ms Emma Ranieri, and the Chief Executive of the Department of the Premier and Cabinet to consider the five recommendations and, if necessary, update policies and procedures.

The 'When duty calls, who is responding?' report relates to SAPOL officers providing statements or affidavits. The recommendation of this report will be referred to the Chief Executive of the Attorney-General's Department and the Commissioner for Police to consider the recommendation and provide advice to the state government. I note in the commentary of the report that the Commissioner for Police in 2022 updated 'General order—complaints and disciplinary framework' and since that time there have not been any SAPOL officers refusing to provide a statement or affidavit except for a small number who themselves are under suspicion of having committed a criminal offence, which, as the report notes, is their right.

The commissioner considered that the updated general order means that an investigator can direct another SAPOL officer to provide a signed statement setting out a version of events. Refusals without fair reason can result in disciplinary action.

'The Gatekeepers' report into the governance and accountability of ministerial staff will be referred to the Commissioner for Public Sector Employment, Emma Ranieri, to consider the six recommendations.

The 'Grants Administration' final report does not make any recommendations to specific agencies. Instead, it provides a commentary and suggestions for the public sector to improve the overall governance of public sector grant awards. I note the commissioner found that the grants administration at the agency level was generally sound and there were no critical or systemic risks to the integrity of grants activity in South Australia or blatant manipulation of grants programs by politicians for perceived electoral gain.

In relation to the grant awarded to a local clothing manufacturer, Belgravia, I am advised that this initiative was incorrectly identified as an election commitment despite no such commitment having been made or announced. This was clarified and confirmed in a cabinet meeting, and the original promise of an open and competitive grants program was authorised.

I am advised as follows: due to an administrative error this was not communicated to the public sector agency, which proceeded to conduct a rigorous assessment and due diligence of the funding request by independent experts external to government. The independent consultants ultimately supported the proposal and funding of $1 million was granted. The grant has resulted in the local manufacturing business expanding its current operations, increasing production and employing more South Australians, and I am advised that the business is meeting all the requirements set out in the funding agreement.

As a result of the administrative error which resulted in the cabinet decision not being adequately communicated, a review was conducted by the Department of the Premier and Cabinet and a gap was identified in relation to how the decisions of cabinet and Executive Council were disseminated to chief executives and agencies. In November 2023, Premier and Cabinet Circular PC003—Cabinet and Executive Council Decisions was issued to avoid any similar incident occurring again.

In relation to election commitments, it is normal practice for all political parties to receive proposals for election commitments from community groups, MPs, candidates, stakeholders and peak bodies. In the lead-up to the 2022 state election all parties made commitments, from small infrastructure upgrades that benefited electorates across the state to statewide commitments in education, transport, health and other areas that benefited the entire state.

As mentioned by the Tasmanian Integrity Commission, election commitments are an established and important part of the democratic election cycle. Election commitments have been part of South Australia's democratic process since the very establishment of representative government.

The 'Grants Administration' report will be referred to the Chief Executive of the Department of the Premier and Cabinet and the Chief Executive of the Department of Treasury and Finance to consider the commentary and suggestions raised in the report and advise of any changes to procedures or policies that are needed to further strengthen grants administration.

The final report, entitled 'A Dependent Commission Against Corruption', relates to how matters are referred for prosecution by the commission. I note the current arrangements were supported by both houses of parliament when amendments were made to the ICAC Act in 2021. This recommendation will be considered as part of any broader reforms that integrity agencies and stakeholders have advocated for.

I would like to thank the commissioner for her work on the five reports today, and the state government will now carefully consider the recommendations and commentary in relation to each of the reports.

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