Complaints

What sort of complaints can the Inspector deal with?

The Inspector is limited to dealing with complaints concerning an abuse of power, impropriety or other forms of misconduct by the ICAC. The Inspector can also deal with complaints concerning maladministration by the ICAC.

The Inspector can deal with complaints about conduct in these categories in respect of current as well as former officers of the ICAC.

The Inspector cannot review decisions of the ICAC either not to investigate a complaint or to discontinue investigation of a complaint.

What is the complaint handling process within the OIICAC?

• Complaints received will be registered.  Registration consists of dating the day the complaint was received and creating a file with an allocated number for the complaint;
• An acknowledgement letter will be sent to the complainant;
• The complaint will be assessed to determine whether or not it should be investigated. Investigation is not automatic.
• During the assessment process the Inspector may do any or all of the following: inspect relevant ICAC files and documents, interview witnesses, examine material provided by the complainant in support of the complaint, seek to obtain relevant material from agencies or persons other than the ICAC, obtain independent legal advice on any of the issues raised.
• Once the Inspector has examined all of the relevant material during the assessment process the Inspector will determine whether or not the complaint should be investigated.
• If the Inspector determines that a complaint does not warrant investigation the Inspector will advise the complainant of this in writing.

What factors are taken into account in determining whether or not to investigate a complaint?

The Inspector takes the following factors into account when determining whether or not a complaint made to him should be investigated:

• Whether the complaint is within jurisdiction;
• The nature of the available evidence;
• The nature of the complaint: the seriousness of the issues and whether they raise concerns about public confidence and integrity in the ICAC;
• The age of the complaint and the likelihood of uncovering relevant evidence;
• The cost of investigating the complaint with respect to the seriousness of the issues raised and the overall merit of proceeding with the complaint;
• The potential value of the audit suggested by the issues in a complaint;
• Whether any other agency has examined or is examining the complaint and if so, the details and outcomes of any such investigation;
• The likely impact of either investigating or not investigating a complaint any further in respect of any systemic, procedural or policy issues raised by the complaint;
• The history of the complainant and whether s/he may possibly be vexatious;
• The ICAC’s own policies and criteria for determining its own priorities and the best use of its resources.

The Investigation Process and the End Result

• If the Inspector determines that the complaint should be investigated the Inspector may seek further evidence from the ICAC including by way of interviewing witnesses or requiring the production of documents.  The Inspector may determine that he will hold an inquiry as a Royal Commissioner in order to investigate a complaint.
• At the end of an investigation the Inspector will write to any parties who may be affected by any adverse comments that the Inspector may wish to make regarding the complaint and provide such parties an opportunity to comment on his proposed comments and conclusions.
• Once the Inspector has finalised his comments and conclusions he will notify the complainant about this including any recommendations which he has made in respect of the matters investigated.
• The Inspector does not have the power to direct the ICAC to comply with any recommendations that he may make. The Inspector will, however, attempt to ensure that all issues which form the basis for his conclusions and recommendations are thoroughly canvassed so that full consideration can be given to the recommendations by the ICAC.