SA Government introduces amended open ICAC Bill
Open hearings into misconduct and maladministration are one step closer after the State Government reintroduced their Bill to allow them.
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Open hearings into misconduct and maladministration are one step closer after the State Government reintroduced their Bill to allow them.
Under the amended Bill, the Independent Commission Against Corruption would be able to hold hearings in public, but witnesses would be able to refuse to answer questions if it could lead to them incriminating themselves.
It also enshrines the right for all witnesses appearing before ICAC to have legal representation and requires ICAC Commissioner Bruce Lander to explain why it’s in the public interest to hold open hearings.
Attorney-General Vickie Chapman said the amended Bill delivered on the Government’s election commitment to provide open ICAC hearings, while also fixing issues raised during a recent parliamentary committee.
“This is about giving the public greater insight into the operations of the Independent Commission Against Corruption when investigating potential issues of serious or systemic maladministration and misconduct in public administration,” Ms Chapman said.
“Allowing the ICAC to hold public hearings in these matters would greatly enhance the public’s faith in the public sector.”
Mr Lander has repeatedly urged to be given the power to hold misconduct and maladministration hearings in public.
The former Labor government resisted his push to hold open hearings into the Oakden nursing home scandal, which led to Mr Lander making a scathing assessment of former minister Leesa Vlahos, despite not finding her guilty of maladministration or misconduct.
Labor justice spokesman Kyam Maher said he was supportive of open ICAC hearings being allowed under some circumstances, but said it would examine the new Bill before declaring its position.
Stewart Johnston, whose mother Helen was allegedly abused at Oakden, said open hearings were “an integral part of an open and transparent society”.
“(Mr Lander) has got to have that ability so the public has a clear indication that justice is being served,” he said.
Labor and crossbench MPs successfully moved for the Parliament’s Crime and Public Integrity to examine the legislation in July.
The committee made headlines when respected lawyer Michael Abbott QC launched an extraordinary attack against Mr Lander, expressing concerns about open hearings, and saying the Commissioner conducts “nothing less than a trial by ambush”.
Mr Lander returned serve two weeks later, rejecting Mr Abbott’s “personally offensive” claims.