South Australia’s anti-corruption watchdog reveals it bugged government meeting room in ‘error’

The current and former head of SA’s anti-corruption watchdog are being asked to explain how, and why, its officers wrongly bugged a government meeting room.

SA Premier Steven Marshall has been asked about the wrongful bugging of a government meeting room by SA’s anti-corruption watchdog. Photo by David Mariuz/Getty Images.

Premier Steven Marshall has been probed about a listening device being placed in a State Government meeting room in “error” by South Australia’s corruption watchdog.

The past and present Independent Commissioners Against Corruption are being asked to explain themselves after their agency wrongly bugged a government meeting room.

Labor and SA Best want former Commissioner Bruce Lander and current Commissioner Ann Vanstone, as well as the ICAC reviewer John Sulan QC, to front parliament’s Crime and Public Integrity Committee to answer questions about the “unprecedented” incident.

Mr Marshall was asked about the incident in State Parliament on Wednesday morning, on the first day of an estimates hearing aimed at scrutiny of the State Budget and SA’s finances.

The Premier was also probed about a controversial travel rort, investigated by ICAC, and revealed four MPs have reimbursed the parliament for payments “in the hundreds” after the scandal was revealed.

Questions about a listening device came after the 2019/20 annual review into the ICAC’s operations revealed that the agency bugged an unnamed “government meeting room”.

“One matter related to an error in the installation of a listening device in a government meeting room,” it read.

“As soon as the error was discovered, which was shortly after the error occurred, appropriate action was taken to remove the device and no information obtained was used by ICAC for any purpose.”

The report said the Supreme Court was advised of the error “as soon as it became known”.

No other details on the incident were provided.

The report went on to say “no inappropriate use of surveillance devices occurred during the (2019/20) period”.

Former Supreme Court Judge Justice, now ICAC Commissioner Ann Vanstone. Photo: Dylan Coker.

Former ICAC Commissioner Bruce Lander. Photo: AAP Image/David Mariuz.

SA Best MLC and Crime and Public Integrity Committee presiding member Frank Pangallo described the incident as an “unprecedented and potentially scandalous revelation”.

“I will request parliament and the Crime and Public Integrity Policy Committee demand a full explanation from the former ICAC, the current ICAC and the Independent Reviewer,” he said.

“This raises many serious questions relating to the legality of the listening device, where it was placed and what it was used for.”

“Was it in parliament or was it placed in the offices of a minister or a member of parliament?

“Who authorised this operation and when was it first detected?”

Mr Pangallo said ICAC had “enormous powers to carry out its investigations and it would be extremely disappointing if these powers have been abused.”

“To dismiss it as ‘an error’ without a detailed explanation is unacceptable even if it is related to a current investigation,” he said.

Opposition spokesman Tom Koutsantonis backed the call to haul Mr Lander, Ms Vanstone and the reviewer before the Crime and Public Integrity Committee, saying the incident was “troubling”.

“The ICAC need to explain immediate where that listening device was installed, what they overheard, who was in that meeting room, was it the cabinet room?” he said.

“ICAC has extraordinary powers, powers that even the police don't have and when they are used inappropriately or illegally, they need to answer to the parliament quickly.

“The ICAC is there to uphold the law, not break it.”

A government spokeswoman said “the ICAC has considerable powers at its disposal to investigate allegations, including the ability to use listening devices”.

“There are legislative requirements to ensure these devices are used appropriately, including ongoing oversight by an independent reviewer,” she said.

An ICAC spokesman said the agency self-reported the issue to the Reviewer and noted that Mr Sulan stated no inappropriate use of surveillance devices occurred in 2019/20.

“Listening devices are utilised to gather evidence in a corruption investigation,” it read.

“The location of a listening device and time allowed for its use is specified by warrant issued by the Supreme Court.”

QUESTIONS OVER COUNTRY MP EXPENSES CLAIMS

Earlier Mr Marshall confirmed four State MPs have made reimbursements to the parliament linked to a controversial travel scheme, since the scandal erupted.

Mr Marshall faced questions about the Country Member’s Allowance on the first morning on Budget Estimates.

Budget Estimate hearings provide MPs the opportunity to ask questions about government spending and the State Budget.

Following questions from Opposition government accountability spokesman Tom Koutsantonis Mr Marshall said four MPs had made reimbursements.

Terry Stephens MP stood aside from his role as Upper House President in the wake of the scandal.

Former Transport Minister Stephan Knoll. AAP Image/David Mariuz.

He did not name the MPs despite him being urged to do so by Mr Koutsantonis.

However, he did vow to seek and provide more information.

Mr Marshall has cancelled his appearance in the estimates hearings for the rest of Wednesday as he deals with SA’s continuing coronavirus outbreak.

Former Independent Commissioner Against Corruption Bruce Lander first launched an investigation into MPs’ use of the allowance in July.

It came after five Liberals admitted errors or confusion over their payments.

Then Infrastructure Minister Stephan Knoll, who claimed money for staying at his parents’ home.

Tim Whetstone, who was then Primary Industries Minister, paid back tens of thousands of dollars.

Both Cabinet Ministers resigned from the front bench over the travel scandal alongside MLC Terry Stephens who stepped from his role as Upper House president.

Then Government whip Adrian Pederick and backbencher Fraser Ellis also returned money.

In October Mr Lander’s replacement Ann Vanstone QC called off her inquiry into nine country MPs – including two ousted ministers – who were being investigated over the travel expenses scandal.

Commissioner Ann Vanstone QC said at the time she made the decision after finding no “evidence of misconduct” against the MPs including Mr Knoll, Mr Whetstone and Mr Pederick.

Ms Vanstone also cancelled inquiries into Mining Minister Dan van Holst Pellekaan, Primary Industries Minister David Basham, Liberal backbenchers Nicholas McBride and Peter Treloar, Labor’s Edward Hughes and independent Frome MP Geoff Brock.

At the time she stressed her probe would continue into other MPs’ use of the controversial country members’ allowance.