Moves to Restore ICAC Powers and Public Trust

Yesterday, SA-BEST MLC Connie Bonaros introduced the Independent Commission Against Corruption (ICAC Recommendations) Amendment Bill 2024 into South Australia's Parliament.

The Bill seeks to rectify the significant damage caused by the 2021 amendments, which undermined the state’s anti-corruption framework and eroded public trust in the integrity of government institutions.

In September 2021, the South Australian Parliament hastily passed amendments that stripped the ICAC of critical powers and narrowed the definition of corruption, leading to widespread concerns about the efficacy and independence of the Commission.

These changes, made without proper consultation or debate, were based on false narratives that have since been debunked.

The new Bill aims to reverse these misguided changes and restore the ICAC’s ability to hold public officials accountable.

Key provisions of the Bill include:

• Reinstating critical offences under the definition of corruption, including theft of public property and deception by public officers.

• Restoring the ICAC’s power to investigate incidental offences connected to corrupt activities.

• Re-establishing the ICAC’s authority to refer cases directly to the Director of Public Prosecutions (‘DPP’), removing the current requirement for SAPOL to act as an intermediary.

• Enhancing transparency by reinstating the ICAC’s ability to communicate openly with the public about its operations where appropriate.                        

• Removing the provision that allows some public officers, including Members of Parliament, to have their legal expenses reimbursed from public funds unless they are convicted of an indictable offence that constitutes corruption in public administration.

Quotes attributable to the Hon. Connie Bonaros MLC

"We need to correct the course set by the 2021 amendments, which have significantly weakened the state’s ability to combat corruption. This Bill is about restoring public confidence in our institutions and ensuring that those in power are held to the highest standards of accountability.

"One of the most egregious aspect of the 2021 amendments was stripping the ICAC of its power to refer matters directly to the DPP. This has not only created unnecessary delays but also introduced a dangerous conflict of interest, particularly when the subject of an investigation could be a police officer.

"The changes I am proposing are not mere technical fixes — they are essential for safeguarding our democracy. South Australia deserves an anti-corruption body that is independent, robust, and capable of holding the powerful to account.

"The integrity of our government and the trust of the public depend on this. We cannot afford another blunder like the one in 2021. It’s time to choose the path of accountability, transparency, and justice.

“South Australia has the weakest anti-corruption laws in the country. They are out of step with national laws, international best practice and the Jakarta Statement – of which we are a signatory.