There are very strict legislative requirements related to disclosing information about complaints and reports made to the OPI.

Public administration complaints and reports

The ICAC Act 2012 prevents anyone from disclosing or publishing certain information about a complaint or report to the OPI.

You must not disclose any information you have received in relation to a complaint, report, assessment, investigation, referral or evaluation under the ICAC Act.

This means you must not publish or cause to be published the fact that:

  • someone has made (or intends to make) a complaint
  • a particular person is the subject of a complaint.

This includes publishing in newspapers, on radio, television, the internet or other forms of social media, or at public meetings.

Breaching this obligation is a criminal offence under the ICAC Act and can attract a fine or a prison sentence.

Under the ICAC Act, you are allowed to:

  • tell another person that you have made a complaint or report (in general terms)
  • make a complaint or report to another agency or person (as long as you don't disclose any information you may have received from OPI or the ICAC)
  • disclose correspondence you receive from the OPI or the ICAC for the purpose of obtaining legal advice/representation or obtaining medical or psychological assistance
  • disclose information connected to your complaint or report to your employer, business partners or fiduciaries
  • seek authorisation from the OPI to disclose the information.

Police complaints and reports

The Police Complaints and Discipline Act 2016 prevents someone from disclosing or publishing certain information about a complaint or report.

You must not disclose any information you receive from the OPI, the Internal Investigation Section (IIS) or SA Police in relation to a complaint, report, assessment or investigation under the PCD Act.

This means you must not publish or cause to be published the fact that:

  • someone has made (or intends to make) a complaint
  • a particular person is the subject of a complaint.

This includes publishing in newspapers, on radio, television, the internet or other forms of social media, or at public meetings.

Breaching this obligation is a criminal offence under the PCD Act and can attract a fine or a prison sentence.

Under the PCD Act, you are allowed to:

  • tell another person that you have made a complaint or report (in general terms)
  • make a complaint or report to another agency or person (as long as you don't disclose any information you may have received from OPI, the IIS or SA Police)
  • disclose correspondence you receive from the OPI, the IIS or SA Police for the purpose of obtaining legal advice/representation or obtaining medical or psychological assistance
  • seek authorisation from OPI to disclose the information.

I need more advice

If you're not sure what you can say about your complaint or report - or you want to seek permission to share information - you should contact the OPI or seek independent legal advice.