ICAC inquiry told powerful SafeWork SA inspectors are at significant risk of corruption

THE operating power of South Australia’s health and safety inspectors is so great that they are at “significant” risk of bribery and coercion, an inquiry heard on Friday.

• ICAC to hold public inquiry into SafeWork SA
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THE operating power of South Australia’s health and safety inspectors is so great they are at “significant” risk of bribery and coercion, an inquiry heard on Friday.

In his first public hearing, South Australia’s independent Commissioner against Corruption Bruce Lander QC, formally opened the wide-ranging probe into SafeWork SA.

The “evaluation” of the State Government’s $37m watchdog, which investigates workplace practices and incidents, was launched after several “complaints” over the past five years.

Among the concerns heard on Friday were how resources are used, management of staff, the adequacy and appropriateness of inspections as well as its legal powers.

Also under review is the botched investigation and prosecution collapse of an interstate firm charged over eight-year-old Adelene Leong’s death on the Royal Adelaide Show’s AirMaxx 360 ride in 2014.

In her opening address on Friday, counsel assisting, Holly Stanley, told the inquiry how agency was of “critical importance to the safety of every person who works or attends workplaces in South Australia”.

Independent Commissioner Against Corruption Bruce Lander at the inquiry on Friday. AAP Image/David Mariuz

She said if it did not operate properly or “exercise its power effectively” then the “safety of workers is compromised”.

She told the inquiry, sitting at the Industrial Court, how agency inspectors had a “very broad power of entry” and could raid workplaces without notice.

They then have “near unfettered power” to seize material, close down sites, force people to speak and conduct tests to ensure legal “compliance”.

They can also charge people. Those found guilty in court face a maximum five years’ jail or fines of up to $3 million.

“The highly discretionary powers vested in an individual inspector are often being utilised (with) competing pressures and vested interests at play,” she said.

“It is generally accepted where such a significant regulatory decision making powers are vested in individuals — and where the consequences of a regulatory decision can be significant for businesses and workers — those individuals are at significant risk of corruption including bribery and coercion.

“It is therefore important that those risks are acknowledged and properly managed.”

In an opening statement, Mr Lander said his public inquiry would detail how SafeWork SA “guards against the risks of corruption, misconduct or maladministration”. It employs more than 220 staff.

He did, however, stress it was not an “investigation” into any of those issues, or any individuals, but if any such evidence was unearthed it would be investigated separately.

Under state law, he can undertake public hearings into inquiries of this type but any investigation is secret.

He urged submissions until June 15 before he will decide who will give evidence next month.

His final report and recommendations will be tabled in State Parliament later this year. Outside the inquiry, the agency’s new executive director, Martyn Campbell, welcomed the probe.