The Independent Commission Against Corruption Act 2012 (SA), Section 7, ‘Functions’, provides among other things that: The Commissioner is to perform his or her functions in a manner that— (a) is as open and accountable as is practicable, while recognising, in particular, that— (i) examinations relating to corruption in public administration must be conducted in private … Under the same section, the Act provides that the Commissioner ‘may conduct a public inquiry’, but only in relation to the Commissioner’s specific functions: ‘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, misconduct and maladministration in public administration’; and ‘to conduct or facilitate the conduct of educational programs designed to prevent or minimise corruption, misconduct and maladministration in public administration’. Unlike other Acts considered in this paper, the Independent Commission Against Corruption Act 2012 (SA) appears to ‘lean’ toward private hearings for investigations conducted under the Act. In this case this does not appear to be an artefact of legislative drafting, but a substantive characteristic of the Act.
The Independent Commission Against Corruption Act 2012 (SA), Section 7, ‘Functions’, provides among other things that: The Commissioner is to perform his or her functions in a manner that— (a) is as open and accountable as is practicable, while recognising, in particular, that— (i) examinations relating to corruption in public administration must be conducted in private … Under the same section, the Act provides that the Commissioner ‘may conduct a public inquiry’, but only in relation to the Commissioner’s specific functions: ‘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, misconduct and maladministration in public administration’; and ‘to conduct or facilitate the conduct of educational programs designed to prevent or minimise corruption, misconduct and maladministration in public administration’. Unlike other Acts considered in this paper, the Independent Commission Against Corruption Act 2012 (SA) appears to ‘lean’ toward private hearings for investigations conducted under the Act. In this case this does not appear to be an artefact of legislative drafting, but a substantive characteristic of the Act.
27-03-17-Final-for-web-Public-Issues-paper.docx