Office for Public Integrity FAQs
Reporting to the Office for Public Integrity听
This information is intended to assist staff when deciding whether they should make a report to the . The University has also developed Guidelines to assist Public Officers meet their reporting obligations and to understand the University鈥檚 responsibilities as a public authority.
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What is the Office for Public Integrity (OPI) and the Independent Commission Against Corruption (ICAC)?
These were both created under the South Australian 听(the ICAC Act). The University is expected to comply with the ICAC Act.
滨颁础颁'蝉听main purpose is to identify and investigate corruption in public administration.
The 翱笔滨鈥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.
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Who needs to take responsibility for reporting?
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.
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What do I need to report to OPI?
Once you have a reasonable suspicion -
- You must report corruption to the OPI
- You may report misconduct or maladministration to the OPI or the .
The Office for Public Integrity has published .
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What can I report to the Ombudsman?
Reports of misconduct or maladministration in public administration may be made to either听the or the .
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What is corruption?
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
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What is misconduct in public administration?
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.
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What is maladministration?
惭补濒补诲尘颈苍颈蝉迟谤补迟颈辞苍听- 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.
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How will I know if I should make a report? What do I need to think about?
- Unless you know that a matter has already been reported 鈥 you must report a reasonable suspicion about corruption.
- You must make your report 鈥榓s soon as 辫谤补肠迟颈肠补产濒别鈥 after you form a reasonable suspicion. This is not the same as 鈥榓s soon as possible鈥. 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 鈥榤ere conjecture鈥. It is different to knowing or believing that something happened. You must have a rational basis for the suspicion, but it doesn鈥檛 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 鈥渁 judgement call鈥濃 for you - the individual - to decide.听
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Who can I tell about my suspicions?
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.
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How do I report to OPI?
Reports can be made to the OPI using their . Print and/or save a copy of the report for your records and treat it听confidentially.
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Who can I tell about the report I have made?
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.
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What happens after I make a report?
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.
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What if OPI contacts me and I want help to respond?
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.
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Can I make an anonymous report to OPI?
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 (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 -听听
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Where can I find more information?
- Office for Public Integrity:听听
- Ombudsman SA:听
- Legal and Risk:听Reporting suspected wrongdoing webpage
- Human Resources:听HR Advisory
Resources for Public Officers
Learn more about what it means to be a Public Officer, and access relevant training and resources.
Public accountability
The University and its officers have public accountability obligations set out in its founding Act and other State and Commonwealth legislation. This includes accountability to bodies such as the Independent Commissioner Against Corruption, Ombudsman, Auditor General, Australian Charities and Not-for-profits Commission and funding bodies.
Reporting suspected wrongdoing
Have you seen something in the University that you think is wrong? Depending on the circumstances, there are certain people you can, and should, talk to.
Whistleblower protection
If you're concerned that there might be action taken against you for reporting wrongdoing, you may wish to make a protected disclosure under the University's Whistleblower Policy.