The whirlwind kneecapping of South Australia’s corruption regulator — which led its chief to ultimately resign in protest yesterday — means a politician found guilty over travel rorts can have his legal costs refunded by taxpayers.
That’s despite the South Australian Magistrates Court last week finding MP Fraser Ellis guilty of four counts of deception— and Ellis having falsely claimed to be innocent — said the Centre for Public Integrity, a governance group run by former top judges.
“In other words, South Australian taxpayers may very well foot the legal bill for a public official who has been found guilty after entering a false plea of innocence,” said CPI director Geoffrey Watson SC.
In a shock move yesterday the Commissioner of South Australia’s Independent Commission Against Corruption (ICAC), Ann Vanstone KC, announced her resignation, three years after the state’s two major parties voted to drastically reduce the regulator’s powers.
In a highly damning statement posted to the South Australia ICAC website, Vanstone savaged both the state ALP Government and its Liberal Party predecessor, which undertook the changes.
“On multiple occasions I have pointed out the significant problems…my words have fallen on deaf ears,” Vanstone said in a statement.
“I have run out of steam”.
“I perhaps naively expected that the weaknesses and issues I have identified would be addressed” — Commissioner Vanstone
Vanstone, who is four years into a seven-year term, said she had stayed on until now because she expected the “weaknesses and issues” she had identified “would be addressed” but now had “no confidence” they would be.
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South Australia ICAC Commissioner Ann Vanstone. Source: ABC News/ Michael Clements. (Image top Fraser Ellis. Source: )
In 2021, in a “remarkable” and “whirlwind” move, South Australia’s two major parties voted to vastly reduce the powers of the ICAC, which is responsible for policing their conduct.
With bipartisan support, the changes kneecapping the state regulator passed both houses of parliament within a day of the legislation being introduced.
“It took many years of consultation, deliberation and work to create the SA ICAC,” the Centre for Public Integrity said Monday.
“But, in a whirlwind bipartisan 24 hours, both houses of parliament voted to drastically reduce its powers”.
The changes were made by the Steven Marshall Liberal Government supported by the ALP under its leader, now South Australia Premier, Peter Malinauskas.
They narrowed the definition of “corruption”; gaged the ICAC from sharing information with the public, gagged the ICAC from speaking to prosecutors in its cases — and made the public liable for legal fees of defendants.
In her statement Vanstone said the changes had “damaged the scheme, under the guise of making it ‘more effective and efficient’.”
“I have been saying this since before the amendments passed and have had reason to continue to say it,” she said.
“The public interest is not served by narrowing the definition of corruption…or by completely divorcing us from the prosecution process so that we are unable assist a prosecution.
“Absurdly, we are not even allowed to speak to the prosecutor, meaning they are denied access to the expertise and knowledge of Commission investigators who best know the matter”.
The Centre for Public Integrity said the 2021 changes “substantially reduced” the list of offences constituting “corruption” in public office.
In February 2021 following a SA ICAC investigation, Ellis was charged with 23 deception offences over allegedly fraudulent parliamentary allowance claims, thrusting Marshall’s first-term Liberal Government into minority.
Months later on September 23, the Marshall Government and the Malinauskas ALP opposition rushed through the ICAC changes.
Ellis resigned from the Liberal Party but remained, and remains, as as South Australian independent MP.
Last week Ellis was found guilty of four of the counts by the South Australian Magistrates Court.
Yet despite being found guilty, the September 2021 changes means his wrongdoing no longer meets the definition of “corruption” — and he can be reimbursed his legal expenses.
“Dishonesty offences, which Mr Ellis has been found guilty of, are no longer captured by the definition (of corruption),” the Centre for Public Integrity said.
Remarkably, even in many cases of “corruption”, even under the new narrower definition, officials can have taxpayers foot the bill, as long as the “corrupt” acts aren’t also “indictable offences”, or the most serious types of offences.
“Because not all of the offences constituting corruption in public administration under the SA ICAC Act are indictable offences, a person can be found guilty or convicted of an offence constituting corruption in public administration and still be reimbursed”, said the Centre for Public Integrity (its emphasis).
“A person can be found guilty or convicted of an offence constituting corruption in public administration and still be reimbursed” — Centre for Public Integrity
In her statement Vanstone said she had “on multiple occasions” pointed out “significant problems” to “this Government and the last”, as well as to “the parliamentary committee that oversees us”.
“My words have fallen on deaf ears” — Commissioner Vanstone
She had “not asked for the previous scheme to be restored” but had “recommended modest reform” and an “independent review” of the 2021 changes to “see how effective they are”.
“My words have fallen on deaf ears,” Vanstone said.
“I perhaps naively expected that the weaknesses and issues I have identified would be addressed.
“That has not happened and I have no confidence that it would, even if I stayed until the end of my term”.
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