Independent Commissioner Against Corruption Ann Vanstone QC calls for new legal reforms to controversial ICAC laws

SA’s anti-corruption chief has called for a review into controversial laws fast-tracked by politicians almost a year ago, warning they may lead to miscarriages of justice.

South Australia’s anti-corruption chief has called for a review into controversial laws that politicians fast-tracked almost a year ago, which she says has crippled her work.

In a frank submission to the state’s top lawyer, Independent Commissioner Against Corruption, Ann Vanstone QC, warns legislation changes have “shattered the integrity” landscape in SA.

Amid national debate on a federal anti-corruption agency, she warns Attorney-General Kyam Maher that “serious integrity issues will be missed and miscarriages of justice might occur”.

Ms Vanstone, a vocal critic of new ICAC laws and who has privately lobbied government officials for an overhaul, told of concerns of “ambiguity and inefficiencies”.

This has gagged and crippled her operations, she warned.

SA’s ICAC Ann Vanstone. Picture: Tricia Watkinson

In another leaked letter, dated August 10 but which the ICAC has also since published, she urged an independent review of sweeping reforms that passed in September last year with parliament’s unanimous support.

It also came after an ICAC investigation into MPs’ expenses.

“I do not speak with one voice, (but) I suggest it would be appropriate to commission an independent review of the relevant legislation, namely the ICAC Act and Ombudsman Act,” she wrote.

“My proposal is that this commence after the amendments have been in place for one year.”

In her 15-page submission, which has been publicly disclosed, Ms Vanstone, a former Supreme Court justice, makes 27 recommendations.

Ms Vanstone, who joined the bench after a career as a fearless prosecutor, urged reforms in reporting, changes to corruption and misconduct definitions, referrals, information sharing and reinstating her legal authorities.

She warned the “fracturing of the integrity landscape” in SA meant the Ombudsman, Office for Public Integrity and her office were “operating in a vacuum”.

Ann Vanstone during her career on the bench – the first all-female Full Court of the Supreme Court in 2006 – Justices Vanstone, Margaret Nyland and Robyn Layton.

“This has repercussions for assessments, investigations and prevention activities,” she wrote.

“Regardless of who is undertaking assessments, they cannot be fully informed without access to all appropriate intelligence.

“Comprehensive investigations into corruption, misconduct or maladministration require all relevant information.

“Without appropriate access to relevant information, serious integrity issues will be missed and miscarriages of justice might occur.”

The new legislation established an Office of the Inspector, to replace the current ICAC reviewer, with enhanced powers of review and oversight of the agency.

ICAC’s powers were diminished to deal only with matters of serious and systemic corruption.

The State Ombudsman now investigates misconduct and maladministration while a separate Office of Public Integrity was created.

Previously, the OPI was both agencies’ “shop window”.

The legislation also made changes to public statements and reporting, which MPs argued better protected people from reputational damage.

Some defendants can recoup legal fees if acquitted of charges.

The controversial Bill, introduced by SA Best MLC Frank Pangallo, passed with the support of every member of the previous parliament.

Attorney-General Kyam Maher is considering a review into the ICAC laws. Picture: NCA NewsWire / Naomi Jellicoe

Ms Vanstone has made a similar submission to parliament’s Crime and Public Integrity Policy Committee, which had recommended the changes last year.

Ms Vanstone told The Advertiser last week that “it is not that the system is unworkable – we are making it work”.

“But I think the South Australian public deserves the best system available, not one that is merely workable,” she said.

Defending the time parliament took to consider legislation, Mr Maher said separate ICAC, Ombudsman and OPI submissions “will be given due consideration”.

“We will be considering all of those and what reforms maybe needed,” he said.

Opposition Leader David Speirs said his party would consider any consider any new government proposals.