South Australia’s corruption watchdog has released a statement explaining why it doesn’t release more statements.

“It is fair to say that the Office of the Independent Commissioner Against Corruption (ICAC) is somewhat of a closed shop in terms of sharing information about operational matters,” the Office of the Independent Commissioner Against Corruption (ICAC) said in an explanatory statement.

“However, it is not correct to say that the closed or 'secretive' nature of the Commissioner's office is the result of arbitrary decisions taken by the Commissioner.

“The Commissioner acknowledges that as a result of the way ICAC Act is drawn, there is limited information about operational matters coming out of his office and that this may cause some frustration.

“However, he will continue to discharge the functions of the ICAC Act as the Act and other key legislation dictates,” the ICAC said.

The watchdog said its paws are tied.

“Although the ICAC Act does contain some discretionary powers, this discretion does not extend to the ability to hold public hearings for the purpose of an investigation. Under Schedule 2 of the ICAC Act hearings must without exception, be conducted in private,” ICAC said.

“If a matter is assessed as raising a potential issue of misconduct or maladministration, the scheme of the Act is that usually this conduct will be dealt with either by an inquiry Agency or by a public authority.

“The ICAC Act does however allow the Commissioner to deal with matters that raise a potential issue of misconduct and maladministration if the Commissioner so elects.

“In such circumstances the Commissioner does not exercise powers given to him under the ICAC Act but will exercise the powers of the appropriate inquiry Agency.”

In this situation, the corruption commissioner could conduct a hearing under the Royal Commissions Act 1917.

But, “under section 18(2) of the Ombudsman Act 1972 that hearing must be in private,” the statement said.

“Whether the Commissioner is investigating a matter which has been assessed as corruption, or a matter that has been assessed as misconduct or maladministration, he must conduct his hearings in private. He has no discretion to do otherwise,” ICAC said

“If he were to attempt to conduct a public hearing, the person who is being examined would have the right to apply to the Supreme Court to obtain an injunction to stop that public hearing.”