Schedule 5—Reimbursement of Legal Fees Policy
In this Policy, unless the contrary intention appears—
Government Board appointee means a member of a full‑time or part‑time board, committee, tribunal, trust, commission, council, authority, panel, taskforce, forum, working party or group—
(a) established by or under an Act of Parliament of South Australia (excluding the Local Government Act 1999) and having a majority of members appointed by either a Minister or the Governor; or
(b) established by a Minister or legal instrument such as a constitution or charter, having a majority of members appointed by either a Minister or the Governor,
and includes a former Government Board appointee where the investigation or proceeding concerns conduct that occurred at a time when that person was a Government Board appointee;
Government employee means—
(a) a public sector employee as defined by the Public Sector Act 2009; or
(b) a person who is appointed to any office under an Act; or
(c) a volunteer within the meaning of the Volunteers Protection Act 2001 where the work carried out by the volunteer is directed or coordinated by a public authority,
and includes a former Government employee where the investigation or proceeding concerns conduct that occurred at a time when that person was a Government employee;
Member of Parliament or Member includes a former Member where the investigation or proceeding concerns conduct that occurred at a time when that person was a Member of Parliament;
Minister includes a former Minister where the investigation or proceeding concerns conduct that occurred at a time when that person was a Minister;
relevant ICAC investigation means an investigation under this Act and includes any criminal proceedings instituted as a result of such an investigation.
2—Who can claim for reimbursement
(1) A Government employee, Government Board appointee, Minister or Member of Parliament is to be reimbursed for costs they have incurred associated with their engagement of an independent legal practitioner where—
(a) the Government employee, Government Board appointee, Minister or Member of Parliament has been the subject of, or required to participate in, a relevant ICAC investigation; and
(b) the additional criteria for reimbursement set out in clause 3 are satisfied.
(2) A Government employee's union or professional association that has paid legal costs on behalf of the Government employee in respect of their participation in a relevant ICAC investigation may seek reimbursement in accordance with this Policy subject to the same restrictions and conditions as if the Government employee had made the claim.
3—Additional criteria for reimbursement
The additional criteria for reimbursement are—
(a) the Government employee, Government Board appointee, Minister or Member of Parliament has not been convicted of an offence as a result of the relevant ICAC investigation; and
(b) the Crown Solicitor (or some other person authorised by the Crown Solicitor) has, in writing—
(i) advised the Government employee, Government Board appointee, Minister or Member of Parliament that they will not be represented by the Crown Solicitor for the purposes of responding to or participating in the relevant ICAC investigation (or the Crown Solicitor considers that it was appropriate in all the circumstances for the Government employee, Government Board appointee, Minister or Member of Parliament not to approach the Crown Solicitor before obtaining legal representation); and
(ii) agreed that the legal representation of the Government employee, Government Board appointee, Minister or Member of Parliament for the purposes of responding to or participating in the proceedings or investigation is or was reasonably required; and
(c) the Crown Solicitor (or some other person authorised by the Crown Solicitor) has, in writing, certified that the costs to be reimbursed are reasonable; and
(d) the Government employee, Government Board appointee, Minister or Member of Parliament is not indemnified in relation to those costs (including by the State of South Australia (through SAICorp or another agency), or under a policy of insurance) and is not entitled to assistance pursuant to the Department of Health Professional Indemnity (Medical Malpractice) Program; and
(e) the Government employee, Government Board appointee, Minister or Member of Parliament has assigned to the Crown in the right of the State of South Australia any right to recover the costs to be reimbursed from any other party.
4—Reasonable costs
(1) The Crown Solicitor (or some other person authorised by the Crown Solicitor) will only certify that costs to be reimbursed are reasonable where satisfied that—
(a) the costs claimed have been reasonably incurred in order to allow the Government employee, Government Board appointee, Minister or Member of Parliament to appropriately respond to or participate in the relevant ICAC investigation; and
(b) the costs claimed have been calculated consistently with the applicable Crown Solicitor's rates for private solicitor fees as published on the Attorney‑General's Department website from time to time; and
(c) in the case of costs associated with the briefing of Senior Counsel or Queen's Counsel, and including where costs associated with the briefing of junior counsel in the same matter are also sought, the exceptional circumstances of the matter justify such expenditure; and
(d) in the case of costs associated with any review or appeal proceedings arising out of the relevant ICAC investigation instigated or joined by the Government employee, Government Board appointee, Minister or Member of Parliament, the exceptional circumstances of the matter justify such expenditure; and
(e) any costs or expenses recovered by the Government employee, Government Board appointee, Minister or Member of Parliament from other sources have been appropriately deducted from the costs claimed; and
(f) the Government employee, Government Board appointee, Minister or Member of Parliament has provided all information reasonably requested to allow the costs claimed to be assessed in accordance with this Policy.
(2) The amount to be reimbursed under this Policy shall include GST on the legal costs to be reimbursed if the Government employee, Government Board appointee, Minister or Member of Parliament or, in the case of a Government employee, their union or professional association, is not able to recover the GST as an input tax credit.
5—Procedure for reimbursement
(1) In the event that it is necessary for the Independent Commissioner Against Corruption or the Director of OPI to authorise the provision of information to another person for the purposes of this Policy, the Government employee, Government Board appointee, Minister or Member of Parliament will seek that authorisation as appropriate.
(2) A Government employee, Government Board appointee, Minister or Member of Parliament seeking reimbursement of legal fees in accordance with this Policy must—
(a) obtain as soon as practicable the necessary written agreement from the Crown Solicitor as required by clause 3(b); and
(b) await the finalisation of the relevant ICAC investigation and, if the person has been charged with an offence referred to in clause 3(a), await the finalisation of proceedings for that offence (unless seeking an interim payment in accordance with this Policy); and
(c) submit a written claim for certification of the reasonableness of the costs for reimbursement to the Crown Solicitor, including—
(i) an assignment of rights (as contemplated by clause 3(e)) in a form approved by the Crown Solicitor; and
(ii) all relevant information in support of the eligibility of the claim pursuant to this Policy, including any additional information reasonably requested by the Crown Solicitor; and
(d) enter into a legally enforceable agreement with appropriate security for repayment of any reimbursement in the event that they are convicted of an offence referred to in clause 3(a).
(3) If the costs claimed (or part thereof) are certified as reasonable, the Crown Solicitor will forward the claim to the Attorney‑General (or their nominee) for finalisation of the claim.
6—Interim payments
(1) Prior to the finalisation of a relevant ICAC investigation, a Government employee, Government Board appointee, Minister or Member of Parliament may be reimbursed on an interim basis for costs they have incurred associated with their engagement of an independent legal practitioner, where—
(a) the Government employee, Government Board appointee, Minister or Member of Parliament enters into a legally enforceable agreement with appropriate security for repayment of any reimbursement in the event that they are convicted of an offence referred to in clause 3(a);
(b) the criteria for reimbursement set out in this Policy are otherwise satisfied.
(2) A Government employee, Government Board appointee, Minister or Member of Parliament seeking an interim payment of legal fees must do so in accordance with the procedure for reimbursement set out in this Policy.
(3) A refusal by the Attorney‑General (or their nominee) to approve an interim payment does not prevent a Government employee, Government Board appointee, Minister or Member of Parliament from seeking reimbursement in accordance with this Policy following the finalisation of the criminal proceedings or relevant ICAC investigation.
(4) If the Crown Solicitor certifies that costs in excess of $100 000 are likely to be incurred by a Government employee, Government Board appointee, Minister or Member of Parliament in respect of a relevant ICAC investigation, the Attorney-General must not refuse to approve interim payments on the making of an application in accordance with the requirements of this clause.
Legislative history
Notes
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or .
Formerly
Independent Commissioner Against Corruption Act 2012
Legislation amended by principal Act
The Independent Commission Against Corruption Act 2012 amended the following:
Australian Crime Commission (South Australia) Act 2004
Child Sex Offenders Registration Act 2006
City of Adelaide Act 1998
Correctional Services Act 1982
Criminal Investigation (Covert Operations) Act 2009
Criminal Law Consolidation Act 1935
Criminal Law (Forensic Procedures) Act 2007
Defamation Act 2005
Freedom of Information Act 1991
Legal Practitioners Act 1981
Listening and Surveillance Devices Act 1972
Local Government Act 1999
Ombudsman Act 1972
Parliamentary Committees Act 1991
Police Act 1998
Police (Complaints and Disciplinary Proceedings) Act 1985
Protective Security Act 2007
Public Finance and Audit Act 1987
Public Sector Act 2009
Shop Theft (Alternative Enforcement) Act 2000
Summary Offences Act 1953
Terrorism (Preventative Detention) Act 2005
Whistleblowers Protection Act 1993
Witness Protection Act 1996
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Independent Commissioner Against Corruption Act 2012
6.12.2012
20.12.2012 (Gazette 20.12.2012 p5742) except ss 3—61, Schs 1, 2 & Sch 3 Pts 4—7, 9, 10 (cll 19 & 20), 11, 13—15, 19, 22, 24 (cl 76) & 25 (cl 79)—1.9.2013 (Gazette 23.5.2013 p2006) and except Sch 3 Pt 2—24.11.2014 (Gazette 20.11.2014 p6477)
Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2014
Pt 2 (ss 4—28) & Sch 1 (cl 3)—27.11.2014 (Gazette 27.11.2014 p6554)
Judicial Conduct Commissioner Act 2015
5.11.2015
Sch 1 (cl 7)—5.12.2016 (Gazette 29.11.2016 p4525)
Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2016
24.11.2016
Pt 2 (ss 5(1), (2), 6(2), 8—10, 12, 13, 15—19, 22—24, new Sch 3 (as inserted by s 25) & Sch 1 (cll 4 & 5))—16.12.2016; ss 4, 5(3), 6(1), 7, 11 & 14—1.4.2017 (Gazette 15.12.2016 p4988); ss 20, 21 & new Sch 4 (as inserted by s 25)—15.7.2017 (Gazette 11.7.2017 p2847)
Police Complaints and Discipline Act 2016
8.12.2016
Sch 1 (cll 13—17)—4.9.2017 (Gazette 29.8.2017 p3794)
Education and Children's Services Act 2019
8.8.2019
Sch 1 (cl 10)—1.7.2020 (Gazette 11.6.2020 p3305)
Statutes Amendment and Repeal (Budget Measures) Act 2021
25.2.2021
Pt 5 (s 14)—10.10.2022 (Gazette 29.9.2022 p6255)
Statutes Amendment (Local Government Review) Act 2021
17.6.2021
Pt 7 (s 199)—will not be brought into operation
Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021
Pt 2 (ss 4 to 58 & 60) & Sch 1 (cll 65 to 76)—7.10.2021; s 59—5.12.2022 (Gazette 1.12.2022 p6755)
Independent Commission Against Corruption (Miscellaneous) Amendment Act 2024
Pt 2 (s 4(2) & (3))—5.12.2022: s 2(3); ss 4(1), 5 & Sch 1 (cl 4)—21.11.2024: s 2(1); s 3—12.5.2025 (Gazette 1.5.2025 p819)
Independent Commission Against Corruption (Conditions of Appointment—Integrity Measures) Amendment Act 2025
27.3.2025: s 2
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002
s 1
amended by 38/2021 s 5
s 2
omitted under Legislation Revision and Publication Act 2002
s 3
s 3(1)
amended by 38/2021 s 6(1)
s 3(2)
substituted by 54/2016 s 4
amended by 38/2021 s 6(2), (3)
s 4
s 4(1)
s 4 redesignated as s 4(1) by 54/2016 s 5(3)
Commission
inserted by 38/2021 s 7(1)
Director of OPI
inserted by 38/2021 s 7(2)
inquiry agency
(c) deleted by 54/2016 s 5(1)
(b) deleted by 60/2016 Sch 1 cl 13(1)
substituted by 38/2021 s 7(3)
Judicial Conduct Commissioner
inserted by 38/2021 s 7(4)
law enforcement agency
amended by 43/2016 s 5(2)
(e) deleted by 60/2016 Sch 1 cl 13(2)
publish
substituted by 20/2014 s 4
seconded
inserted by 20/2014 s 4
s 4(2)
inserted by 54/2016 s 5(3)
deleted by 38/2021 s 7(5)
s 5
s 5(1)
amended by 54/2016 s 6(1)
(c) deleted by 38/2021 s 8(1)
s 5(2)
deleted by 38/2021 s 8(2)
s 5(3)
substituted by 38/2021 s 8(3)
s 5(4) & (5)
deleted by 38/2021 s 8(3)
s 5(6)
inserted by 54/2016 s 6(2)
deleted by 38/2021 s 8(3)
s 6
amended by 38/2021 s 9
Pt 2
amended by 38/2021 s 10
s 7
s 7(1)
amended by 20/2014 s 5
amended by 54/2016 s 7
substituted by 38/2021 s 11(1)
s 7(2)
amended by 38/2021 s 11(2)
s 7(3)
deleted by 38/2021 s 11(3)
s 7(4)
amended by 38/2021 s 11(2), (4) & (5)
s 7(5)
amended by 38/2021 s 11(2), (6)
s 7(6)
inserted by 38/2021 s 11(7)
s 8
s 8(1)
amended by 38/2021 s 12(1)
s 8(1a)
inserted by 14/2025 s 3
s 8(8)
amended by 34/2015 Sch 1 cl 7(1)
amended by 38/2021 s 12(2)
s 8(8a)
inserted by 34/2015 Sch 1 cl 7(2)
deleted by 38/2021 s 12(3)
s 9A
inserted by 14/2025 s 4
s 10
amended by 14/2025 s 5(1)
s 10(1)—(4)
amended by 14/2025 s 5(2)
s 12
s 12(1)
amended by 38/2021 s 13(1)
s 12(2)
amended by 38/2021 s 13(2)
s 13
s 13(1)—(3)
amended by 38/2021 s 14
s 14
s 14(4)
amended by 38/2021 s 15(1)
s 14(4a)
inserted by 20/2014 s 6
amended by 38/2021 s 15(2)
s 15
amended by 38/2021 s 16(1), (2)
s 16
s 16(1)
substituted by 20/2014 s 7
s 16(1a)
inserted by 20/2014 s 7
Pt 3 before substitution by 38/2021
s 17
amended by 54/2016 s 8
amended by 60/2016 Sch 1 cl 14
s 18
s 18(5)
inserted by 54/2016 s 9
Pt 3
substituted by 38/2021 s 17
Pt 4
substituted by 38/2021 s 18
Pt 4 Div 1
deleted by 38/2021 s 19
Pt 4 Div 2
substituted by 38/2021 s 20
Pt 4 Div 2 Subdiv 1
deleted by 38/2021 s 21
s 23 before deletion by 38/2021
s 23(1)
amended by 54/2016 s 10
s 23(3) and (4)
inserted by 20/2014 s 8
s 23
deleted by 38/2021 s 22
s 24
s 24(1)
amended by 60/2016 Sch 1 cl 15
amended by 38/2021 s 23(1), (2)
s 24(2)
amended by 20/2014 s 9(1), (2)
amended by 54/2016 s 11(1), (2)
(ab) deleted by 54/2016 s 11(2)
substituted by 38/2021 s 23(3)
s 24(3)
substituted by 38/2021 s 23(3)
s 24(4)—(8)
deleted by 38/2021 s 23(3)
s 25
amended by 20/2014 s 10
substituted by 38/2021 s 24
Pt 4 Div 2 Subdiv 2
substituted by 20/2014 s 11
deleted by 38/2021 s 25
s 26
s 26(1)
amended by 38/2021 s 26
s 27
s 27(1)
amended by 38/2021 s 27
s 28
amended by 20/2014 s 12
s 29A
inserted by 20/2014 s 13
s 31
s 31(1)
amended by 54/2016 s 12(1)
s 31(2)
substituted by 54/2016 s 12(2)
s 31(7)
amended by 54/2016 s 12(3)—(6)
s 31(8)—(10)
amended by 54/2016 s 12(7)
s 31(14) before substitution by 54/2016
private place
amended by 20/2014 s 14(1)
private vehicle
amended by 20/2014 s 14(2)
s 31(14)
substituted by 54/2016 s 12(8)
s 32
s 32(3)
substituted by 20/2014 s 15(1)
s 32(3a)
inserted by 20/2014 s 15(1)
s 32(4)
designated period
amended by 20/2014 s 15(2)
s 34
s 34(1) and (3)
amended by 38/2021 s 28
s 35
s 35(1)
amended by 38/2021 s 29
s 36
s 36(1)
s 36 redesignated as s 36(1) by 20/2014 s 16
amended by 54/2016 s 13(1)
amended by 38/2021 s 30(1)
s 36(1a)
inserted by 38/2021 s 30(2)
s 36(2)
amended by 54/2016 s 13(2)
s 36(3)—(6)
s 36(7)
substituted by 54/2016 s 13(3)
s 36(8)
substituted by 54/2016 s 13(3)
amended by 38/2021 s 30(3), (4)
s 36(9) & (10)
s 36(11)
s 36A
inserted by 38/2021 s 31
Pt 4 Div 2 Subdiv 3 before deletion by 38/2021
substituted by 20/2014 s 17
s 36A
inserted by 20/2014 s 18
s 36A(1)
amended by 54/2016 s 14(1)
s 36A(2)
amended by 54/2016 s 14(2)
s 37 before substitution by 54/2016
s 37(1)
amended by 20/2014 s 19(1)
s 37(5)
deleted by 20/2014 s 19(2)
s 37(6)
(c) deleted by 20/2014 s 19(3)
s 37
substituted by 54/2016 s 15
s 38
s 38(1)
amended by 20/2014 s 20
s 38(2)
s 38(3) and (4)
amended by 54/2016 s 16(2)
s 38(5)
s 38(6) and (7)
substituted by 54/2016 s 16(3)
s 38(7a)
inserted by 54/2016 s 16(3)
Pt 4 Div 2 Subdiv 3
deleted by 38/2021 s 32
Pt 4 Div 2 Subdiv 4
deleted by 38/2021 s 33
s 39
amended by 38/2021 s 34(1), (2)
s 39A
inserted by 38/2021 s 35
s 39A(1)
s 39A redesignated as s 39A(1) by 52/2024 s 3
12.5.2025
s 39A(2)—(6)
inserted by 52/2024 s 3
12.5.2025
Pt 4 Div 3
s 40
s 40(1)
amended by 38/2021 s 36(1)
s 40(2), (3) and (5)
amended by 38/2021 s 36(2)
Pt 4 Div 4
amended by 38/2021 s 37
s 41
s 41(1) and (2)
amended by 38/2021 s 38(1)
s 41(4)
amended by 38/2021 s 38(1), (2)
s 41(5) and (6)
amended by 38/2021 s 38(1)
s 42
s 42(1)
amended by 54/2016 s 17(1)
substituted by 38/2021 s 39(1)
s 42(1a)
inserted by 54/2016 s 17(2)
amended by 38/2021 s 39(2), (3)
s 42(2)
substituted by 54/2016 s 17(2)
Pt 4 Div 5
s 43
amended by 20/2014 s 21
substituted by 38/2021 s 40
s 44
s 44(1)
amended by 54/2016 s 18(1)
s 44(2)
amended by 54/2016 s 18(2)
amended by 38/2021 s 41
Pt 5
s 45 before substitution by 38/2021
s 45(2)
amended by 20/2014 s 22
amended by 54/2016 s 19
amended by 60/2016 Sch 1 cl 16
s 45
substituted by 38/2021 s 42
s 46
substituted by 54/2016 s 20
s 47
amended by 38/2021 s 43
s 48
amended by 54/2016 s 21
substituted by 38/2021 s 44
s 49
substituted by 38/2021 s 44
Pt 6
s 50
amended by 20/2014 s 23
s 51
amended by 20/2014 s 24
amended by 60/2016 Sch 1 cl 17
amended by 38/2021 s 45
s 52
amended by 38/2021 s 46
s 53
amended by 38/2021 s 47
s 54 before substitution by 54/2016
s 54(1)
amended by 20/2014 s 25(1)—(3)
s 54(2)
substituted by 20/2014 s 25(4)
s 54(3) and (4)
deleted by 20/2014 s 25(4)
s 54
substituted by 54/2016 s 22
s 54(1)
amended by 38/2021 s 48(1)
s 54(2)
amended by 38/2021 s 48(2)
s 54(3)
amended by 38/2021 s 48(3)—(5)
s 54(3a)
inserted by 38/2021 s 48(6)
s 54(5)—(7)
inserted by 38/2021 s 48(7)
s 55
s 55(1)
amended by 38/2021 s 49
s 56
deleted by 38/2021 s 50
s 56A
inserted by 20/2014 s 26
s 56A(1)
substituted by 54/2016 s 23
amended by 38/2021 s 51
s 56A(1a)
inserted by 54/2016 s 23
amended by 38/2021 s 51
s 57
s 57(1)
amended by 38/2021 s 52
s 59
s 59(1)
s 59 redesignated as s 59(1) by 54/2016 s 24
s 59(2)
inserted by 54/2016 s 24
deleted by 38/2021 s 53
s 59A
inserted by 38/2021 s 54
s 60
s 60(2)
amended by 38/2021 s 55
s 61
deleted by 38/2021 s 56
Sch 1
amended by 20/2014 s 27
amended by 19/2019 Sch 1 cl 10
1.7.2020
amended by 5/2021 s 14
10.10.2022
Sch 2
cl 3
cl 3(5)
amended by 38/2021 s 57(1)
cl 3(7)
amended by 38/2021 s 57(2)
cl 3(13)
amended by 38/2021 s 57(3)
cl 3(14)
amended by 38/2021 s 57(4)
cl 3(9)
amended by 20/2014 s 28
cl 4
cl 4(6)
amended by 38/2021 s 57(5)
cl 5
cl 5(1)
amended by 38/2021 s 57(6)
cl 6
cl 6(4) and (5)
amended by 38/2021 s 57(7)
cl 7
cl 7(2)
substituted by 38/2021 s 57(8)
cl 7(4)
amended by 38/2021 s 57(9)
cl 8
cl 8(4)
(b) deleted by 38/2021 s 57(10)
cl 12
cl 13
cl 13(1) and (5)
cl 14
cl 14(1)
cl 17
cl 17(2)
amended by 38/2021 s 57(12)
Sch 3
omitted under Legislation Revision and Publication Act 2002
Sch 3
inserted by 54/2016 s 25
cl 2
cl 2(4)
cl 3
cl 3(2), (3) and (5)
cl 4
cl 4(4) and (5)
Sch 4
inserted by 54/2016 s 25
substituted by 38/2021 s 59
cl 3A
inserted by 52/2024 s 4(1)
cl 9
cl 9(1a)
inserted by 52/2024 s 4(2)
cl 9(12) and (13)
inserted by 52/2024 s 4(3)
Sch 5
inserted by 38/2021 s 60
cl 1
Member of Parliament or Member
substituted by 52/2024 s 5(1)
Minister
inserted by 52/2024 s 5(1)
relevant ICAC investigation
amended by 52/2024 s 5(2)
cl 3
amended by 52/2024 s 5(3)
Transitional etc provisions associated with Act or amendments
Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2014, Sch 1 Pt 3—Transitional provision
3—Application of section 15
Section 32 of the Independent Commissioner Against Corruption Act 2012, as in force immediately after the commencement of section 15 of this Act, applies in relation to a thing—
(a) that is, immediately before that commencement, subject to a retention order under section 32; or
(b) that has been seized under section 32 and that is, immediately before that commencement, being held pending the institution or finalisation of proceedings for an offence relating to the thing,
as if the thing had been made subject to a retention order or had been seized after that commencement.
Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2016, Sch 1 Pt 4—Transitional provisions
4—Exercise of powers of inquiry agency
If, immediately before the commencement of this Act, the Independent Commissioner Against Corruption was taking action in respect of a matter raising potential issues of misconduct or maladministration in public administration by exercising the powers of an inquiry agency, the Independent Commissioner Against Corruption Act 2012, as in force immediately before the commencement of this Act, continues to apply in relation to the matter unless and until the Commissioner determines to withdraw from exercising the powers of an inquiry agency in accordance with section 36A(3) of that Act (as so in force).
5—Application of Schedule 3
Despite section 31(14) of the Independent Commissioner Against Corruption Act 2012 (as in force after the commencement of section 12 of this Act), the provisions of Schedule 3 of that Act do not apply in relation to a warrant issued before the commencement of section 12 or any items seized pursuant to such a warrant.
Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21—Savings and transitional provisions
65—Commissioner continues in office
The Commissioner holding office under the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act continues to hold office as the Commissioner under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act.
66—Judicial Conduct Commissioner continues in office
Despite section 12(3) and clause 16 of this Schedule, the Judicial Conduct Commissioner holding office under the Judicial Conduct Commissioner Act 2015 as in force before the commencement of this Act continues to hold that office on the commencement of this Act.
67—Deputy Commissioner continues in office
The Deputy Commissioner holding office under the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act continues to hold office as the Deputy Commissioner under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act.
68—OPI organisational structure
Until the day fixed by the Minister by notice in the Gazette (which must be not more than 3 months after the commencement of this Act), the Minister may appoint either the Commissioner under the Independent Commission Against Corruption Act 2012 or another person (on terms and conditions determined by the Minister) to act as the Director of OPI under that Act (as amended by this Act).
69—Staff
(1) On the commencement of this Act—
(a) employees engaged by the Commissioner under section 12 of the Independent Commissioner Against Corruption Act 2012 (including any employees assigned to the Office under section 18(3)(a) of the Act) will be taken to be engaged by the Commission under that section as amended by this Act; and
(b) arrangements established by the Commissioner under section 13 of the Independent Commissioner Against Corruption Act 2012 will be taken to continue as if they were arrangements established by the Commission under that section as amended by this Act; and
(c) Public Service employees assigned to the Office under section 18(3)(a) of the Independent Commissioner Against Corruption Act 2012 will be taken to continue to be assigned to the Office under section 17(2)(b) of the Independent Commission Against Corruption Act 2012).
(2) Despite section 17(2) of the Independent Commission Against Corruption Act 2012, the Independent Commission Against Corruption and the Director of OPI may enter into an arrangement for the continued assignment of employees who were, immediately before the commencement of this Act, assigned to the Office under section 18(3)(b) of the Independent Commissioner Against Corruption Act 2012.
70—Investigations etc to continue
(1) Subject to this clause, the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act continues to apply in relation to any complaint or report made under that Act on or before 25 August 2021, or any investigation commenced under that Act before 25 August 2021.
(2) The following provisions of the Independent Commission Against Corruption Act 2012 as amended by this Act apply in relation to a matter referred to in subclause (1):
(a) section 6;
(b) section 59A and Schedule 5 (but only in respect of legal expenses incurred after commencement of section 59A and, in relation to a matter involving suspected misconduct or maladministration in public administration, as if Schedule 1 of the Ombudsman Act 1972, as inserted by this Act and with any necessary modifications, applied instead of Schedule 5).
(3) If a matter that continues to be dealt with under the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act in accordance with subclause (1) is not completed within 12 months after the commencement of this clause, the matter must be discontinued (but nothing prevents the matter being the subject of a further complaint or report under the Independent Commission Against Corruption Act 2012, or the Ombudsman Act 1972, as amended by this Act).
71—Complaints and reporting system
(1) The complaints system established under section 19, and the reporting system established under section 20, of the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act continue as the complaints system under section 18A and the reporting system under section 18B (respectively) of the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act until new systems can be established under those sections (subject to any modifications that are necessary or are prescribed by the regulations).
(2) Section 18A(3) of the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act does not apply for the period of 3 months after the commencement of this Act.
(3) The complaints system established under section 19, and the reporting system established under section 20, of the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act may be adopted, on the commencement of this Act, by the Ombudsman as the complaints system under section 12A and the reporting system under section 12D (respectively) of the Ombudsman Act 1972 as in force after the commencement of this Act until new systems can be established under those sections (subject to any modifications that are necessary or are prescribed by the regulations).
(4) Section 12A(3) of the Ombudsman Act 1972 as in force after the commencement of this Act does not apply for the period of 3 months after the commencement of this Act.
72—Websites
Despite section 48 of the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act, the websites referred to in that section are not required immediately on the commencement of that section but must be developed as soon as practicable (and in any case within 6 months after the commencement of that section).
73—Inspector under Ombudsman Act 1972
The operation of section 29 of the Ombudsman Act 1972 (as inserted by this Act) is suspended until the day on which section 59 of this Act comes into operation.
74—Review continues
Any review being conducted by the reviewer under Schedule 4 of the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of section 59 may be continued after the commencement of that section as if it had been carried out by the Inspector under Schedule 4 of the Independent Commission Against Corruption Act 2012 as in force after the commencement of section 59.
75—First review after commencement to consider past prejudice to reputation
(1) The Inspector under Schedule 4 of the Independent Commission Against Corruption Act 2012 as in force after the commencement of section 59 must, in undertaking the first annual review occurring under that Schedule after the commencement of section 59, consider whether undue prejudice to the reputation of any person was caused by the Commissioner, employees of the Commissioner or employees of the Office under the Independent Commissioner Against Corruption Act 2012 as in force at any time before the commencement of this Act.
(2) If the Inspector finds that undue prejudice to the reputation of any person was caused by the Commissioner, employees of the Commissioner or employees of the Office, the Inspector may—
(a) publish any statement or material that the Inspector thinks will help to alleviate that prejudice; or
(b) recommend that the Commission pay an amount of compensation to the person.
(3) The Inspector may also make recommendations to the Attorney‑General in relation to the making of ex gratia payments as reimbursement of legal costs incurred by persons the subject of, or required to participate in, any investigation under the Independent Commissioner Against Corruption Act 2012 (being costs incurred before the commencement of section 59A of the Independent Commission Against Corruption Act 2012 (as inserted by this Act).
76—Savings and transitional regulations
Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.
Independent Commission Against Corruption (Miscellaneous) Amendment Act 2024, Sch 1 cl 4—Transitional provision
4—Application of amendment to Schedule 5 of Independent Commission Against Corruption Act 2012
Schedule 5 clause 3(a) of the Independent Commission Against Corruption Act 2012 as in force after the commencement of section 5 of this Act applies in relation to any claim for reimbursement of costs that is certified by the Crown Solicitor (or another authorised person) after that commencement, regardless of—
(a) when the costs to which the claim relates were incurred; or
(b) when the claim for reimbursement was made; or
(c) the date of any conviction of an offence as a result of the relevant investigation; or
(d) whether any interim payment was made pursuant to Schedule 5 clause 6 of the principal Act before the commencement of section 5 of this Act.
Independent Commission Against Corruption (Conditions of Appointment—Integrity Measures) Amendment Act 2025, Sch 1
1—Transitional provision
Section 9A of the Independent Commission Against Corruption Act 2012 (as inserted by this Act) applies in relation to a person who is—
(a) holding or acting in the office of the Independent Commissioner Against Corruption immediately before the commencement of that section; or
(b) appointed to be the Commissioner on or after the commencement of that section,
and will, in relation to a person holding or acting in the office of the Independent Commissioner Against Corruption immediately before the commencement of that section, be taken to have applied from the day on which the person was appointed to be, or to act as, the Commissioner.
Historical versions
1.7.2020
10.10.2022
Schedule Sch 5 - Independent Commission Against Corruption Act 2012 - Reimbursement of Legal Fees Policy | Zoe