ICAC Commissioner Ann Vanstone KC resigns over 2021 law reform frustrations

The head of the state’s corruption watchdog has stepped down in stunning fashion, saying controversial reform has gagged the organisation.

The head of South Australia’s anti-corruption watchdog has resigned in an astonishing smackdown, saying controversial changes to ICAC legislation that significantly reduced its powers have gagged the organisation.

On Tuesday, Independent Commission Against Corruption Commissioner Ann Vanstone KC announced she would be resigning from the role four years into her seven-year term.

Ms Vanstone is the second person to hold the position of Independent Commissioner Against Corruption, taking over from inaugural Commissioner Bruce Lander KC in 2020.

Ms Vanstone — who was a vocal critic of 2021 amendments to the ICAC Act, believing they could allow corruption to go undetected — said her requests to the state government for “modest reform” to the changes had fallen on deaf ears.

Ann Vanstone KC has resigned as ICAC Commissioner. Picture: Tony Lewis Photography

“The 2021 amendments to the legislation governing public integrity in South Australia damaged the scheme, under the guise of making it more ‘effective and efficient’,” Ms Vanstone said.

“I have been saying this since before the amendments passed and have had reason to continue to say it.

“It is not that the legislation is wholly unworkable, but it does need to be as robust and effective as possible.”

The sweeping 2021 changes, introduced by SA Best MLC Frank Pangallo, established an Office of the Inspector to replace the previous ICAC Reviewer, with enhanced powers of review and oversight of ICAC.

ICAC’s powers were streamlined to deal only with matters of serious and systemic corruption, with the responsibility for misconduct and maladministration now investigated by the State Ombudsman.

A separate Office of Public Integrity was also created.

Ms Vanstone said the decision to isolate the commission from the prosecution process and narrow the definition of corruption had failed to serve the public interest.

“Absurdly, we are not even allowed to speak to the prosecutor, meaning they are denied access to the expertise and knowledge of Commission investigators who best know the matter,” she said.

“Likewise, the public interest is not served by gagging us to ensure we cannot comprehensively share with the community what we know about integrity issues in South Australian public administration.”

Ms Vanstone lashed changes to the ICAC Act in 2021. Picture: Tony Lewis Photography

Ann Vanstone at her Supreme Court appointment in 2003. Picture: Supplied

Last month, Ms Vanstone called to allow the Ombudsman to break free from its reliance on the Department of Premier and Cabinet and the Attorney-General’s department, fearing investigations into public sector employees could be compromised.

At present all of the Ombudsman’s information – every complaint, report and investigation as well as letters and emails, and information about whistleblowers – is stored and managed by the AG’s department.

Ms Vanstone said she had remained in the role despite her frustrations in the hopes the issues she raised would be addressed, and for her staff.

But the 69-year-old said she had now “run out of steam”.

“I hope the next Commissioner will succeed where I have failed,” she said.

“I wish to thank every person who has ever reported conduct suspected of being corruption and those witnesses who have assisted in the investigations of such allegations.

“You are the most important cogs in the public integrity wheel.”

Ms Vanstone’s resignation will take effect from September 6.

In a statement, Attorney-General Kyam Maher thanked Ms Vanstone for her service over the past four years and said recruitment of a new commissioner would commence in coming weeks.