The Independent Commission Against Corruption’s (ICAC) role in the criminal justice process has been laid out by the Commissioner for the ICAC, Ann Vanstone.
In a statement, Commissioner Vanstone said it seemed people did not understand the ICAC’s role, in particular how an ICAC matter goes to court.
“I set that process out to assist people to understand that the Commission does not decide whether a matter should be prosecuted, what charges should be laid or how a prosecution will be conducted,” Commissioner Vanstone said.
“The Commission can only investigate a matter if it is referred to it as potential corruption from the Office for Public Integrity (OPI),” she said.
She said that once a corruption referral from the OPI was accepted, the investigation was allocated to one or more ICAC investigators.
“Every investigation commences with an agreed investigation plan and I oversee the investigation,” the Commissioner said.
She said she had no authority to lay charges.
“If at the conclusion of an investigation I think the matter could be the subject of a prosecution, a brief of evidence will be compiled for the Director of Public Prosecutions (the DPP),” she said.
“As a result of the 2021 amendments to the Independent Commissioner Against Corruption Act 2012 (ICAC Act), the Commission can no longer send a brief of evidence directly to the DPP.”
Commissioner Vanstone said the brief was then referred to the relevant law enforcement Agency (South Australia Police) for further investigation and potential prosecution.
“It seems likely that South Australia Police will refer these briefs to the DPP for a decision as to whether charges will be laid,” she said.
She also outlined the role of the Director of Public Prosecutions, detailed the commencing of a prosecution and discussing whether all investigations led to a prosecution.
“If charges are to be laid, that will be done by the DPP or South Australia Police by filing an information or charge sheet in the Magistrates Court,” she said.
“From this point the role of ICAC investigators is to attend to any additional inquiries sought by the DPP or South Australia Police,” Commissioner Vanstone said.
The Commissioner’s full statement can be accessed at this PS News link.
