SA's ICAC 'busier than ever' despite watered down powers
SA's new Independent Commissioner Against Corruption (ICAC) Emma Townsend is taking a different approach to her predecessor. (ABC News: Ashlin Blieschke)
In short:
South Australia's new Independent Commissioner Against Corruption (ICAC) says her agency is "busier than ever".
She largely refrained from criticising the 2021 law changes that limited ICAC's powers, saying "we work within the legislation that we have".
The comments are in stark contrast to the approach of her predecessor, Ann Vanstone KC, who said the reforms made SA's ICAC "the weakest integrity agency in Australia".
South Australia's new Independent Commissioner Against Corruption (ICAC) says her agency is "busier than ever", rejecting suggestions that controversial law changes to ICAC's powers have made the state more prone to corruption.
In her first sit-down media interview since taking over in February, Emma Townsend said her focus was on working "within the legislative remit that we have" — a departure from her predecessor Ann Vanstone KC's approach who stridently criticised the 2021 law changes that limited ICAC's jurisdiction.
Those law changes, passed unanimously by state parliament within 24 hours, narrowed the definitions of corruption and misconduct, limited ICAC's ability to commence investigations and make public statements, and prohibited the commission from referring evidence briefs to the Director of Public Prosecutions (DPP).
Ms Townsend sat down with ABC News's Rory McClaren for her first media interview as South Australia's ICAC. (ABC News: Ashlin Blieschke)
Ms Vanstone resigned in frustration last year and said the changes had made SA's ICAC "the weakest integrity agency in Australia".
Asked whether Ms Vanstone was right to use that description, Ms Townsend told ABC News's Stateline she was working within the bounds of what was possible.
"Look, every agency of this nature within Australia operates under a different legislative regime and with different functions and a different remit," she said.
"My focus is very much on doing the considerable amount of good work that I view the commission is able to achieve within the legislative remit that we have."
A landmark investigation
Ms Townsend (right) is the state's third ICAC after Ann Vanstone KC and Bruce Lander KC. (ABC News: Nick Harmsen/Michael Clements/Ashlin Blieschke)
Ms Townsend, a former prosecutor in the DPP, is only the state's third ICAC since the integrity agency was established in 2013, following Ms Vanstone (2020 to 2024) and inaugural commissioner Bruce Lander KC (2013 to 2020).
This year, an ICAC probe that started during Mr Lander's term yielded a significant result — namely, the jailing of former Mount Gambier MP Troy Bell for at least two-and-a-half years for stealing more than $430,000 in public money.
Asked whether ICAC under its new legislative regime could conduct the same investigation that saw Bell convicted and jailed, Ms Townsend said: "Yes it could".
ICAC's investigation into Troy Bell would still be possible under the new legislation, Ms Townsend says. (ABC News: Daniel Taylor)
"Mr Bell was ultimately convicted of charges of theft — theft is no longer within the definition of corruption," she said.
"But with any criminal offence, there may be a number of different charges that could appropriately be charged."
More corruption investigations
Former ICAC Ms Vanstone feared the law changes to her agency meant corruption was going "unchecked". (ABC News: Lincoln Rothall)
Last year, Ms Vanstone said there "must be corruption that's going unchecked" due to the 2021 ICAC law changes.
But Ms Townsend had a different view.
Asked if South Australia had become a fertile ground for corruption, she said: "In my view, no."
She said the new corruption definition still gave ICAC "a wide scope with respect to our investigations".
"I couldn't say that the change in definition of corruption has led to any noted decrease in our work,"she said.
"In fact, we're busier than ever."
Ms Townsend highlighted that the number of complaints made to the Office for Public Integrity (OPI) — an agency independent of ICAC that handles corruption complaints before deciding whether to refer them on — was "slowly increasing over time".
Therefore, ICAC was doing more investigations, she said.
Ms Townsend says ICAC is starting more corruption investigations, with four matters referred to SA Police since she took office. (ABC News: Ashlin Blieschke)
The commission commenced 65 corruption investigations last financial year, up from 35 the year before.
"Now that's still a very small proportion of public officers if you look at the size of public administration," she said.
South Australia has more than 115,000 public servants.
"But the important point to make about that is that people within public administration, and indeed within the public, are raising important issues where they identify a potential issue of corruption and reporting them," she continued.
"And then ICAC is proceeding to investigate them."
Ms Townsend said she had referred four matters of alleged corruption to SA Police since starting in February.
Asked if she was satisfied that was enough, the commissioner said matters not referred for prosecution could be dealt with in other ways, including giving department chief executives recommendations for improvement.
"It's not just about referring matters for prosecution, it's also about what can we do to prevent and strengthen the integrity of South Australia's public administration," she said.
'There's a potential efficiency issue'
The 2021 law changes prohibits ICAC from referring evidence briefs directly to the DPP to consider prosecution.
Instead, ICAC must refer its corruption investigations to SA Police for further investigation and potential prosecution.
Ms Townsend told parliament's Crime and Public Integrity Policy Committee earlier this year that referring to SA Police could add between six to 12 months to getting a corruption matter to trial.
"My primary concern around that is that that causes an extra layer in the process, it causes additional time," she told the ABC.
"There's a potential efficiency issue, but also an issue around the welfare of people who are brought into this system whether it's a person of interest or a witness who's involved in proceedings."
Ms Townsend, like Ms Vanstone, is concerned about her agency's inability to refer evidence to the DPP. (ABC News: Ashlin Blieschke)
The overall process — from first complaint to trial — can take up to four-and-a-half years, according to Ms Townsend.
SA Police has also said the referral process amounted to "double handling", removing the relationship between prosecutor and investigator that was "essential for a proper outcome of any matter brought to a prosecuting authority".
"It extends the time before the matter resolves one way or the other, for no evident gain," Police Commissioner Grant Stevens told the committee in February.
Put to her that the situation was "not ideal", Ms Townsend said: "We work within the legislation that we have."
"I've made my submission and it's obviously a matter for parliament and not for me whether that progresses any further," she said.
The ABC asked Attorney-General Kyam Maher whether the government was considering any changes to the DPP referral process or the definition of corruption.
A government spokesperson said the ICAC Act was currently under review by the parliamentary committee.
"The state government will consider the findings and recommendations of that review when they are available," the spokesperson said.