Office for Public Integrity FAQs

These were both created under the South Australian Independent Commission Against Corruption Act 2012 (the ICAC Act). The University is expected to comply with the ICAC Act.

ICAC's main purpose is to identify and investigate corruption in public administration.

The OPI’s main purpose is to receive and assess complaints and reports about corruption, misconduct and maladministration in public administration; and, if warranted, refer these to an appropriate inquiry agency for investigation or to a public authority like the University.

All staff members are public officers with legal obligations to report to the OPI. Titleholders, volunteers and even contractors at the University are also public officers with reporting obligations.

Once you have a reasonable suspicion -

• You must report corruption to the OPI
• You may report misconduct or maladministration to the OPI or the Ombudsman.

The Office for Public Integrity has published Directions and Guidelines for Public Officers.

Reports of misconduct or maladministration in public administration may be made to either the OPI or the Ombudsman SA.

Corruption refers to criminal behaviour by a public officer while acting in their capacity as a public officer and includes:

• Bribery or corruption of public officers
• Threats or reprisals against public officers
• Abuse of public office
• Demanding or requiring benefit on the basis of public office
• Offences relating to appointment to public office

Misconduct in public administration is an intentional and serious contravention of a code of conduct by a public officer that constitutes a ground for disciplinary action.

Maladministration - means:

• Conduct by a public officer or a University practice/policy/procedure that results in an irregular and unauthorised use of public money or substantial mismanagement of public resources;
• Substantial mismanagement in or in relation to performance of official functions;
• Conduct resulting from impropriety, incompetence or negligence.

Maladministration results from poor governance. Misspending public money is the most common example of maladministration.

• Unless you know that a matter has already been reported – you must report a reasonable suspicion about corruption.
• You must make your report ‘as soon as practicable’ after you form a reasonable suspicion. This is not the same as ‘as soon as possible’. You should not delay but you can take time to properly consider your suspicions and you could discuss these with an appropriate person such as your HR Advisor, supervisor, General Counsel or Director, Legal Services.
• Suspicion is a state of mind. It is not ‘mere conjecture’. It is different to knowing or believing that something happened. You must have a rational basis for the suspicion, but it doesn’t need to be enough for you to believe that the events actually happened/existed.
• You need to properly consider the available facts.
• Whether a suspicion is reasonable depends on the surrounding circumstances.
• It is “a judgement call”– for you - the individual - to decide. 

Only you can decide whether you should make a report, but you can always talk to someone appropriate about your suspicions to determine your view of the activity. You might like to speak to your supervisor or HR Advisor or take legal advice from the Office of General Counsel or Director, Legal Services.

Reports can be made to the OPI using their online reporting form. Print and/or save a copy of the report for your records and treat it confidentially.

You can choose to tell appropriate people, such as your supervisor, HR Advisor, General Counsel or Director, Legal Services, that you have made a report. For example: the activity represents serious misconduct and you advise your HR Advisor so that the University can manage its internal misconduct process appropriately.

Remember to treat the report as confidential so as not to compromise an investigation of the matter.

OPI will contact you when they have assessed the report. OPI may:

• Refer the matter to the Ombudsman to investigate misconduct or maladministration
• Refer the matter to the ICAC to investigate corruption;
• Refer the matter back to the University to investigate it as misconduct under the Enterprise Agreement and/or provide guidance on how the University should manage the issue;
• Determine that no further action needs to be taken.

Whether as a consequence of making a report or not, if OPI contacts you for information you may take legal advice by contacting the Office of General Counsel for advice on how best to respond to the request.

The ICAC Act does not allow anonymous complaints from public officers. It may be possible to make an appropriate disclosure of information to OPI under the Public Interest Disclosure Act 2018 (SA).

Public interest disclosures made to OPI are treated in confidence and privacy is maintained as far as practicable. The OPI may refer the matter to the University for investigation and/or require the University to adopt measures to protect you from reprisal, workplace conflict or stress and respond to allegations of victimisation.

To make a disclosure of public interest information, go to - https://www.publicintegrity.sa.gov.au/public-interest-disclosure 

• Office for Public Integrity: https://www.publicintegrity.sa.gov.au 
• Ombudsman SA: https://www.ombudsman.sa.gov.au/about-us
• Legal and Risk: Reporting suspected wrongdoing webpage
• Human Resources: HR Advisory