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Office for Public Integrity (OPI)

The Office for Public Integrity manages complaints about public administration that identify corruption, misconduct or maladministration in public administration, and ensures that these complaints are dealt with by the most appropriate person or body [s 3(1(b)].

The OPI [under Part 3 of ICAC Act] has the following prescribed functions:

  • to receive and assess complaints about public administration from members of the public;
  • to receive and assess reports about corruption, misconduct and maladministration in public administration from inquiry agencies, public authorities and public officers;
  • to refer complaints and reports to inquiry agencies, public authorities and public officers or to determine to take no action in accordance with the Act

The OPI is comprised of:

  • the Director of the OPI (a legal practitioner with at least 7 years standing, who cannot be a judicial officer or member of an Australian parliament); and
  • Public Service employees assigned to the Office.

Assessment of complaint or report (s 18E), and action that may be taken (s 18F)

On receipt by the OPI of a complaint or report, the matter must be assessed as to whether:

  • it raises a potential issue of corruption in public administration that could be the subject of a prosecution and should be referred to ICAC; or
  • it raises some other issue that should be referred to another inquiry agency; or
  • it is trivial, vexatious, or frivolous, it has previously been dealt with by an inquiry agency or a public authority and there is no reason to re-examine it, or there is another good reason why no action should be taken in respect of it

A determination will then be made as to whether action should be taken to refer the matter to a law enforcement agency or an inquiry agency [s 18E(1)].

Following an assessment the OPI may take action in relation to a matter as follows:

  • if the matter is assessed as raising a potential issue of corruption in public administration that could be the subject of a prosecution, the matter must be referred to ICAC
  • if the matter is assessed as raising other issues that should be dealt with by an inquiry agency, the matter must be referred or the complainant or reporting agency advised to refer the matter, to the agency. The same matter or different aspects of the matter may be dealt with contemporaneously with the above actions.

The making of an assessment and whether action is taken, and what action is taken, by the OPI in respect of the assessment is at the absolute discretion of the Director of the OPI [s 18F].

The OPI must, before referring a matter to an inquiry agency, take reasonable steps to obtain the views of the agency as to the referral [s 18G].

To find out more information or make a complaint, visit the ICAC website (for reporting corruption) or the OPI website.

Office for Public Integrity (OPI)  :  Last Revised: Thu Feb 17th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.