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Independent Commission Against Corruption (ICAC)

The ICAC’s functions are designed to further the identification and investigation of corruption in public administration, and the prevention or minimisation of corruption in public administration, including through referral of potential issues, education and evaluation of practices, policies and procedures [s 3(1)(a)]. It is intended that the ICAC will exercise its functions only in relation to corruption in public administration and matters that raise potential issues of misconduct or maladministration in public administration will be referred to another agency or to a public authority [s 3(2)].

The Independent Commission Against Corruption has the following prescribed functions [s 7]:

  • identify corruption in public administration and:
    • investigate and refer it to a law enforcement agency for any further investigation and prosecution; or
    • refer it to a law enforcement agency for investigation and prosecution
  • to evaluate the practices, policies and procedures of inquiry agencies and public authorities with a view to advancing comprehensive and effective systems for preventing or minimising corruption in public administration;
  • to conduct or facilitate the conduct of educational programs designed to prevent or minimise corruption in public administration
  • if, in the course of performing functions in relation to potential corruption in public administration, any suspected misconduct or maladministration or any offences (not being offences that constitute the potential corruption in public administration) are identified- to report the matter to the Office or the Ombudsman for assessment or refer the matter to a law enforcement agency, the Ombudsman or a public authority or public officer, as the Commission considers appropriate

Action that may be taken [s 24]

If a matter is assessed as raising a potential issue of corruption in public administration that could be the subject of a prosecution and is referred to the Commission, the matter must be:

  • investigated by ICAC; or
  • referred to SAPOL or other law enforcement agency

Whether action is taken, and what action is taken, in respect of a matter that has been referred to the ICAC is at the absolute discretion of the Commissioner.

Subject to any directions of the Commissioner, reasonable steps must be taken to ensure that a complainant or reporting agency is informed as to the action, if any, taken by the ICAC in respect of the matter.

To find out more information or make a complaint, visit the ICAC website (for reporting corruption) or the OPI website.

Independent Commission Against Corruption (ICAC)  :  Last Revised: Thu Feb 17th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.