The Public Interest Disclosure Act 2018 commenced on 1 July 2019.

Amendments came into effect on 7 October 2021 following changes to the Independent Commission Against Corruption Act 2012 (ICAC Act). These changes:

  • established the Office for Public Integrity (OPI) as a standalone independent body, and
  • created the Independent Commission Against Corruption (ICAC).

Corruption

Under the legislation, public sector employees must report to the OPI any conduct in public administration they reasonably believe to be corrupt conduct.

Corrupt conduct includes a public officer breaching their duty to act honestly at all times, as well as:

  • abuse of public office
  • bribery or corruption of public officers
  • threats of reprisals against public officers
  • demanding or requiring a benefit on the basis of public office
  • offences relating to the appointment of a public office.

Misconduct and maladministration

ICAC no longer investigates complaints about misconduct and maladministration in public administration. These matters are instead referred to the Ombudsman SA for assessment and investigation.

Ombudsman SA has issued directions and guidelines that outline when and how South Australian public officers and authorities must report relevant matters. Further information is available in the Ombudsman's directions and guidelines.

Public sector employees are no longer legally required to report misconduct or maladministration. However, in the interests of integrity and public trust, employees are strongly encouraged to report any suspected misconduct or maladministration to the OPI.

Definition of misconduct

The definition of misconduct has changed and must now meet all four of the following criteria:

  • the public officer breached or contravened a code of conduct
  • the breach was intentional and serious
  • the breach occurred while acting in their capacity as a public officer
  • the breach could result in disciplinary action.

For clarity, these amendments to the ICAC Act do not change the definition of misconduct under the Public Sector Act 2009 or under common law.

A curved, glass-and-steel pedestrian bridge spans the River Torrens, with Adelaide city buildings and parkland visible behind it.

Independent Commission Against Corruption

The PID Act establishes a scheme that encourages and facilitates the disclosure of public interest information to certain persons or authorities (a public interest disclosure).

ICAC