Outgoing Independent Commissioner Against Corruption warns of gap in oversight of MPs
A gap in oversight for SA MPs is potentially protecting some politicians from wrongdoing, the outgoing anti-corruption boss says in his final message.
SA News
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A gap in oversight of MPs was potentially protecting wrongdoers from being brought to justice, outgoing ICAC Commissioner Justice Bruce Lander has revealed.
Commenting on “recent events” – MPs who were claiming during a current investigation that the power of state parliament to hide documents overrode the powers of ICAC to investigate — he said: “Misconduct and improper behaviour by members of parliament does not need to be tolerated as the price for maintaining parliamentary supremacy”.
“Members of parliament and their conduct exist in a lacuna (gap) of oversight.”
Justice Lander vacates the office on September 1, after being appointed as inaugural Commissioner seven years ago.
In his final Looking Back report released on Thursday he is most critical of the lack of oversight of MPs.
ICAC announced this month an inquiry into the Country Members Allowance scandal that engulfed the State Government and led to the resignation of ministers.
But last week Justice Lander complained that several MPs had thwarted his efforts claiming parliamentary privilege over documents, and he handballed the investigation to his successor.
“Members of Parliament are public officers for the purpose of the ICAC Act,’’ the report finds.
“However, the absence of a Code of Conduct applying to Members of Parliament means that a member can only be guilty of ‘other misconduct’, which is not better defined in the ICAC Act.
“Recent events might suggest to the casual observer that parliament is somewhat at a loss about how to best deal with misbehaviour by its members.
“If the parliament continues to reject a code of conduct it should explain to the public why members of parliament in this state ought not be the subject of a code when the other parliaments in Australia have accepted that a code of conduct will not affect the sovereignty of parliament.”
Overall in the report the state’s public sector is given a tick of approval: “Corruption exists in South Australia but South Australia does not have a corrupt public administration. I have not seen evidence during my tenure which suggests that South Australia’s public institutions have been corrupted”.
Justice Lander reported that during his tenure he had;
RECEIVED more than 8,000 complaints and assessed more than 11,000 issues raised in those complaints and reports.
REVIEWED more than 7,000 assessments undertaken by SAPOL.
COMMENCED 47 matters on my own initiative.
COMPLETED more than 300 corruption investigations.
FINALISED 50 misconduct and maladministration investigations.
LOBBIED for greater public access to investigations.
“Many misconduct and maladministration investigations have led to significant changes in public administration,’’ the report states.
“My investigation in respect of the sale of state-owned land at Gillman resulted in
changes to the manner in which the Government assesses unsolicited bids.
“My investigation in respect of the Oakden Older Persons Mental Health Unit contributed to a range of reforms, many of which are still being implemented.
“My evaluations of the Public Trustee and SafeWork SA have resulted in significant improvements to practices within those agencies, and recommendations made in those evaluations have been considered and acted upon by like agencies in other jurisdictions.
“The same is true of the Deputy Commissioner’s evaluation of the City of Playford Council.”
Justice Lander reported that with the exception of a request for more resources to investigate SA Health in 2018, requests for assistance had been accepted by Liberal and Labor governments.
“An evaluation of SA Health could not be undertaken at the same cost as previous and current
evaluations for the simple reasons that SA Health is so big and so specialised,’’ the report states.
“I remain of the view that an evaluation of SA Health would have been in the public interest and it is disappointing that I was not able to conduct it. “
Justice Lander will be replaced by Hon. Ann Vanstone QC next month.