Who is a public officer?
Schedule 1 and 2 of the ICAC Act lists all public officers and public authorities. Some examples of a public officer are:
What are my obligations as a public officer?
All public officers are expected to conduct themselves with integrity and abide by their code of conduct. The code of conduct for public sector employees is the Code of Ethics.
If you are a public officer, you have an obligation to report certain types of improper conduct to the OPI. There are some very limited exceptions to this reporting obligation which are outlined in our Directions and Guidelines.
Corruption:
You must report to the OPI any matter you reasonably suspect to be corruption in South Australian public administration.
Corruption involves certain criminal offences, including:
- bribery or corruption of public officers
- threats or reprisals against public officers
- abuse of public office
- offences relating to appointment to public office
- offences against the Public Sector (Honesty and Accountability Act) 1995, the Public Corporations Act 1993 and the Lobbyists Act 2015
Forming a reasonable suspicion:
- Suspicion is a state of mind that requires more than conjecture, but which is less than a knowledge or belief as to existence of relevant events.
- A suspicion must have factual basis.
- Whether or not a suspicion is reasonable will depend on the surrounding circumstances.
Misconduct and Maladministration:
While there is no mandatory obligation to report misconduct or maladministration to the OPI, Public Officers are strongly encouraged to do so in order to meet their ethical obligations.
We all share the responsibility of promoting and supportive an effective, productive and fair public administration that serves the community with integrity.
