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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Independent Commissioner Against Corruption (Misconduct
and Maladministration) Amendment Bill 2015
A BILL FOR
An Act to amend the
Independent
Commissioner Against Corruption Act 2012
.
Contents
Part 2—Amendment of Independent
Commissioner Against Corruption Act 2012
3Amendment of section
7—Functions
4Amendment of section 24—Action that may be
taken
36AInvestigation by
Commissioner
6Amendment of section
42—Reports
7Amendment of section 45—Commissioner's
annual report
Schedule 1—Transitional
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Independent Commissioner Against Corruption
(Misconduct and Maladministration) Amendment Act 2015.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Independent Commissioner Against Corruption
Act 2012
3—Amendment
of section 7—Functions
(1) Section 7(1)(c)—delete paragraph (c) and substitute:
(c) to—
(i) identify and deal with misconduct and maladministration in public
administration; or
(ii) give directions or guidance to inquiry agencies and public
authorities in dealing with misconduct and maladministration in public
administration,
as the Commissioner considers appropriate;
(2) Section 7(4)(a)(ii)—delete subparagraph (ii)
(3) Section 7(5)—delete "subsection (1)(d)" and
substitute:
subsection (1)(c), (d)
(4) Section 7(5)(b)—before "may regulate" insert:
subject to section 36A(2),
4—Amendment
of section 24—Action that may be taken
Section 24(2)(ab)—delete "exercise the powers of an inquiry agency in
respect of" and substitute:
investigate
Section 36A—delete the section and substitute:
36A—Investigation by
Commissioner
(1) The Commissioner must, before deciding to investigate a matter raising
potential issues of misconduct or maladministration in public administration
rather than referring the matter to an inquiry agency, take reasonable steps to
obtain the views of the agency.
(2) For the purposes of an investigation by the Commissioner in respect of
a matter raising potential issues of misconduct or maladministration in public
administration, the Commissioner has the powers of a commission as defined in
the
Royal
Commissions Act 1917
and that Act applies as if—
(a) the Commissioner were a commission as so defined; and
(b) the subject matter of the investigation were set out in a commission
of inquiry issued by the Governor under that Act.
(3) The Commissioner may at any time withdraw from an investigation, or
decide to investigate, as the Commissioner sees fit.
6—Amendment
of section 42—Reports
(1) Section 42(1)(b)—delete paragraph (b) and substitute:
(b) findings and recommendations resulting from an investigation by the
Commissioner in respect of a matter raising potential issues of misconduct or
maladministration in public administration; or
(c) other matters arising in the course of the performance of the
Commissioner's functions that the Commissioner considers to be in the public
interest to disclose (but not identifying, or about, a particular matter raising
potential issues of corruption in public administration that is subject to
assessment, investigation or referral under this Act).
(2) Section 42(2)—delete subsection (2) and substitute:
(2) A copy of the report must be provided—
(a) in the case of a report of a kind referred to in
subsection (1)(b)—to the public authority responsible for any public
officer to whom the report relates and to the Minister responsible for that
public authority; and
(b) in any case—to the Attorney-General, the President of the
Legislative Council and the Speaker of the House of Assembly.
7—Amendment
of section 45—Commissioner's annual report
Section 45(2)(b)(x)—delete subparagraph (x)
Schedule 1—Transitional
provisions
If, immediately before the commencement of this Act, the Independent
Commissioner Against Corruption was exercising powers in accordance with
section 36A of the
Independent
Commissioner Against Corruption Act 2012
in respect of a matter, that Act, as in force immediately before the
commencement of this Act, continues to apply in relation to the matter unless
and until the Commissioner determines to withdraw from exercising the powers of
an inquiry agency in accordance with section 36A(3) of that Act (as so in
force).