ICAC has power to investigate Oakden scandal, SA Law Society says

UPDATE: ICAC head Bruce Lander has confirmed he has the power to probe claims of ministerial maladministration over the Oakden scandal, but remained silent on whether he will launch a probe.

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• Minister has Premier’s ‘full support’ over Oakden
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• Extra coronial funding for Oakden inquiries

INDEPENDENT Commissioner Against Corruption Bruce Lander has confirmed he has the power to probe claims of ministerial maladministration over the Oakden scandal, but remained silent on whether he will launch a probe.

The Advertiser today published an opinion column from Law Society SA President Tony Rossi, who said the matter could be examined under the ICAC’s broad powers as a case of possible “incompetence or negligence”.

Mr Lander in a rare public statement today said the comments “raised questions as to whether or not I can investigate a minister for maladministration”, and confirmed that he could do so.

“Maladministration in public administration includes conduct of a public officer involving substantial mismanagement in or in relation to the performance of official functions. It includes conduct resulting from impropriety, incompetence or negligence,” Mr Lander said in a statement.

“Ministers, just like government executives and staff, are public officers and therefore fall within the jurisdiction of my office. “I can investigate serious or systemic maladministration in public administration by exercising the powers of an inquiry agency, if I am satisfied that it is in the public interest to do so.

“The ICAC Act defines serious or systemic maladministration as being of such a significant nature that it would undermine public confidence in the relevant public authority or in public administration generally; and has significant implications for the relevant public authority or for public administration generally.”

The State Government already faces at least three further inquiries into the Oakden disgrace, including a coronial inquest into a decade-old murder, and calls for a ministerial sacking.

Parliament also returns Monday after a three-week lay-off, where Mental Health and Substance Abuse Minister Leesa Vlahos is expected to face a grilling over alleged inaction to stop abuse.

Mr Rossi writes that there is a “rightly held” public concern, both about the abuse of aged and vulnerable members of society and a lack of government accountability to prevent it.

Mr Rossi says the ICAC can probe the actions of members of State Parliament, which includes ministers, even if conduct does not reach the level of illegality.

It could make findings about mismanagement that amounts to “incompetence or negligence”, he writes.

“If a day in politics is a long time, then ongoing daily concerns in relation to the Oakden aged

care facility for more than two weeks must seem an eternity,” Mr Rossi writes.

“Surprisingly, upon return from leave, the Premier (Jay Weatherill) announced, without identifying any investigation results, that none of the relevant ministers ... should bear responsibility.

“The ICAC Act is broader in its scope than most realise. It empowers the Commissioner to

investigate not only corruption and or misconduct, but also conduct which results in

substantial mismanagement of public resources or substantial mismanagement in relation to

the performance of official functions. This is defined to include incompetence or negligence.

“Importantly, maladministration in public administration applies to conduct that comprises a

failure to act.

Mental Health and Substance Abuse Minister Leesa Vlahos addresses the media about the Oakden scandal. Picture: Bianca De Marchi

“If the Commissioner were to investigate, an interesting legal question would be the relevant standard to be applied in determining whether there has been incompetence.”

ICAC Commissioner Bruce Lander could not be reached for comment.

Ms Vlahos declined to comment on whether she would welcome an ICAC probe into Oakden.

Mr Lander has previously probed the Government over its botched handling of the Gillman land deal, in which he found maladministration by two senior public servants in Renewal SA.

His report found that then-housing and urban development minister Tom Koutsantonis swore at public servants and “was inclined not to answer direct questions directly” during ICAC hearings.

However, no finding of maladministration was ultimately made against any minister.

Opposition Deputy Leader Vickie Chapman said there had clearly been “high-level maladministration” over Oakden that warranted further serious inquiries.

“The failure for anyone to actually step forward and take responsibility is scandalous in itself,” she said. “On the face of it, there’s extensive cover-up by one or more levels of government.

“We want to get to the bottom of it. “We are sick to death of the ‘we’re sorry, we’ll do better’ manta, which has been the hallmark of Jay Weatherill’s Labor administration.”

A Federal Government review and State Parliament inquiry will both separately investigate what went wrong at Oakden. Coroner Mark Johns is reopening the case of at least one death.

How ten years of Oakden drama unfolded

■ February 2007: Oakden accredited for a year, followed by federal check-up visits.

■ December 2007: Complaint prompts unannounced review. Federal funding revoked.

■ February 2008: One patient murdered by another. Court case dropped when alleged killer dies.

■ July 2008: Jay Weatherill gives up Ageing portfolio.

■ June 2014: Staff member raises concerns about restraints and “human rights violations”.

■ March 2013: Federal Government accredits Oakden with a perfect scorecard.

■ December 2014: Federal MP Tony Zappia writes to Health Minister Jack Snelling on behalf of constituent, who warns of “a high risk of a severe injury or death”.

■ February 2015: Mental Health Minister Leesa Vlahos, pictured, dismisses the concerns.

■ March 2016: Federal Government accredits Oakden with a perfect scorecard.

■ July 2016: Family complains about bruising of Bob Spriggs.

■ October 2016: Lorraine Baff, constituent in Zappia letter, brings police prosecution against an Oakden staff member who assaulted her husband, Jim.

■ November 17: Ms Vlahos meets clinicians. One asks her to “please come and visit Oakden” as Ms Vlahos “raced out of room”.

■ January 17, 2017: Ms Vlahos calls an inquiry into Oakden.

■ January 18, 2017: The Spriggs case goes public, via the media.

■ February 2017: Ms Vlahos visits Oakden.

■ March 17, 2017: Oakden meets only 29 of 44 expected standards.

■ April 10: Ms Vlahos receives the Oakden report from Dr Groves.

■ April 13, 2017: Inquest announced into 2008 murder.

■ April 14: Ms Vlahos reads Oakden report.

■ April 20: Oakden report released, action against 21 staff.

■ May 1: Premier Jay Weatherill says he backs Ms Vlahos.