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The Establishment of the ICAC and the Office for Public Integrity. 3 May 2013 Presented By: Joanna Oborne. Who is this happy chappy ?. ICAC has arrived!. ICAC Act 2012. Establishes the ICAC Establishes the OPI Amends the LG Act (and others). Key Terminology. Corruption Misconduct
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The Establishment of the ICAC and the Office for Public Integrity 3 May 2013 Presented By: Joanna Oborne
Who is this happy chappy? ICAC has arrived!
ICAC Act 2012 • Establishes the ICAC • Establishes the OPI • Amends the LG Act (and others)
Key Terminology • Corruption • Misconduct • Maladministration in public administration • Public officer • Public authority • Inquiry agency
ICAC Act 2012 Commissioner • Identify/Investigate Corruption: - Commissioner - SAPOL • Prevent/Minimise: - Corruption - Misconduct - Maladministration Office for Public Integrity Receive complaint/report and identify: - Corruption - Misconduct - Maladministration Ensure complaints addressed by the most appropriate body
Corruption Investigations • Retain or refer to SAPOL • Commissioner must investigate or oversee • Powers to investigate • Examination/Production of Documents • Evaluation: Refer to DPP or Council
Misconduct/ Maladministration • Refer to Ombudsman (after consultation) • ICAC can = Ombudsman • Directions/guidance from ICAC • Powers of Ombudsman • Amendments to Local Government Act • Penalties & Remedies
Misconduct/ Maladministration • Refer to Council (after consultation) • Directions/Guidance from ICAC • Powers to investigate • Penalties & Remedies
Complaint/Report against aCouncil or Public Officer of a Council OPI Assessment Misconduct/ Maladministration Ombudsman or Council (with guidance/directions) (Commissioner may be the Ombudsman) Corruption Commissioner or SAPOL DPP
Amendments to the LG Act • Uniform code of conduct (s 110 Local Government Act 1999) • Breach of Code = disciplinary action • Part 2 of Code - standards for performance of duties • Gifts and benefits provisions
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