{"id":"integrity-and-ethics-commissioner-act-2025","name":"Integrity and Ethics Commissioner Act 2025","slug":"integrity-and-ethics-commissioner-act-2025","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30127,"registerId":"nt-integrity-and-ethics-commissioner-act-2025-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Integrity and Ethics Commissioner\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) This Act (except sections 3 to 7 and Parts 2 to 6 and 8) commences\non the day after the day on which the Administrator's assent to this\nAct is declared.\n(2) Subject to subsection (3), the remaining provisions of this Act\ncommence on the day fixed by the Administrator by Gazette notice.\n(3) If a provision of this Act does not commence before\n","sortOrder":1},{"sectionNumber":"18","sectionType":"section","heading":"October 2027, it commences on that day.","content":"18 October 2027, it commences on that day.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\nActing Commissioner means a person appointed under\nsection 20.\nacting in an official capacity, in relation to a person, means the\nperson is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nacting Integrity Officer means the following:\n(a) an acting Health Complaints Commissioner appointed under\nsection 58;\n\nIntegrity and Ethics Commissioner Act 2025 2\n(b) an acting ICAC appointed under section 59;\n(c) an acting Information Commissioner appointed under\nsection 61;\n(d) an acting Ombudsman appointed under section 62.\nAuditor-General's Office, see section 3(1) of the Audit Act 1995.\nAuditor-General's staff means:\n(a) a public sector employee employed for the Auditor-General;\nand\n(b) any consultants or other persons engaged by the\nAuditor-General for the performance of the Auditor-General's\nfunctions under the Audit Act 1995.\nAustralian parliament means:\n(a) the Legislative Assembly; or\n(b) the Parliament of the Commonwealth or a State; or\n(c) the parliament or legislature of another Territory.\nCommissioner means the Integrity and Ethics Commissioner\nreferred to in section 8.\ncommunity service, see section 4(1) of the Health and Community\ncorrupt conduct, see section 10 of the ICAC Act.\neligible person:\n(a) for appointment as the Commissioner – see section 12(1); or\n(b) for appointment as the Inspector – see section 27(4); or\n(c) for appointment as an acting Health Complaints\nCommissioner under section 58(1) – see section 58(2); or\n(d) for appointment as an acting ICAC under section 59(1) or (2) –\nsee section 59(3); or\n(e) for appointment as an acting Information Commissioner under\nsection 61(1) – see section 61(2); or\n(f) for appointment as an acting Ombudsman under\nsection 62(1) – see section 62(2).\n\nIntegrity and Ethics Commissioner Act 2025 3\nHealth Complaints Commissioner, see section 4(2)(a).\nhealth service, see section 4(1) of the Health and Community\nICAC Act, means the Independent Commissioner Against\nIEC's Office, see section 9.\nIEC personnel means the following:\n(a) the Chief Executive Officer;\n(b) staff members as defined in section 4(1) of the Health and\nCommunity Services Complaints Act 1998 and consultants\nengaged under section 14(2) of that Act;\n(c) each member of ICAC staff;\n(d) members of the staff of the Information Commissioner and\nconsultants engaged under section 96(3) of the Information\nAct 2002;\n(e) officers of the Ombudsman's office as defined in section 4 of\nthe Ombudsman Act 2009 and any consultants or other\npersons engaged by the Ombudsman for the performance of\nthe Ombudsman's functions under that Act;\n(f) any other public sector employee employed for the\nCommissioner or the IEC's Office.\nimproper conduct, see section 9 of the ICAC Act.\nInformation Commissioner, see section 4(2)(c).\nInspector means the Integrity and Ethics Oversight Inspector\nreferred to in section 23.\nInspector staff means a person referred to in section 32(1).\nIntegrity Act, see section 4(1).\nIntegrity Officer, see section 4(2).\nitem means a document or other thing.\njudicial officer means any of the following:\n(a) a Supreme Court Judge;\n\nIntegrity and Ethics Commissioner Act 2025 4\n(b) a Local Court Judge;\n(c) an Associate Judge;\n(d) a judicial officer acting as a coroner;\n(e) a judicial officer performing duties as the President or Deputy\nPresident of NTCAT.\nlaw enforcement agency means an entity, in the Territory or\nelsewhere in Australia, that has functions in relation to the\ninvestigation of offences or the prosecution of persons for offences.\nmember of ICAC staff, see section 4 of the ICAC Act.\nOmbudsman, see section 4(2)(d).\npremises includes:\n(a) land; and\n(b) a permanent or temporary building or structure on land; and\n(c) an aircraft, vehicle or vessel.\npublic body, see section 16(1) of the ICAC Act.\npublic officer, see section 16(2) of the ICAC Act.\nquestionable conduct means conduct that, though not amounting\nto improper conduct:\n(a) is unreasonable, unjust, oppressive or improperly\ndiscriminatory in its effect; or\n(b) arises, wholly or in part, from improper motives; or\n(c) arises, wholly or in part, from a decision that has taken\nirrelevant matters into consideration; or\n(d) involves a denial of procedural fairness; or\n(e) arises, wholly or in part, from a mistake of law or fact; or\n(f) is conduct of a kind for which reasons should have (but have\nnot) been given.\nrecent political affiliation, see section 5.\n\nIntegrity and Ethics Commissioner Act 2025 5\nsuperior Court means:\n(a) the Supreme Court; or\n(b) a Supreme Court of a State or another Territory; or\n(c) the High Court of Australia; or\n(d) the Federal Court of Australia.\nsupplementary inspector, see section 53(1).\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of Integrity Act and Integrity Officer","content":"4 Meaning of Integrity Act and Integrity Officer\n(1) Each of the following is an Integrity Act:\n(a) the Health and Community Services Complaints Act 1998;\n(b) the ICAC Act;\n(c) the Information Act 2002;\n(d) the Ombudsman Act 2009.\n(2) Each of the following is an Integrity Officer:\n(a) the Commissioner for Health and Community Services\nComplaints referred to in section 9 of the Health and\nCommunity Services Complaints Act 1998 (the Health\nComplaints Commissioner);\nInformation Act 2002 (the Information Commissioner);\n(d) the Ombudsman referred to in section 9 of the Ombudsman\nAct 2009 (the Ombudsman).\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of recent political affiliation","content":"5 Meaning of recent political affiliation\n(1) A person has a recent political affiliation if, at any time during the\nprevious 10 years, the person:\n(a) was a member of the Legislative Assembly or a local\ngovernment council; or\n\nIntegrity and Ethics Commissioner Act 2025 6\n(b) was an office holder or elected representative of a political\nparty or a non-Territory political party; or\n(c) was a member of staff of a minister or of the Leader of the\nOpposition; or\n(d) was a member of electorate office staff for a member of the\nLegislative Assembly; or\n(e) was a member of a political party or a non-Territory political\nparty; or\n(f) made a reportable donation to any of the following:\n(i) a political party;\n(ii) a non-Territory political party;\n(iii) an associated entity of a political party;\n(iv) an entity that is equivalent to an associated entity in\nrelation to a non-Territory political party.\n(2) For subsection (1)(f), a person made a reportable donation if it was\nmade by the person or by a body corporate of which the person\nwas an office holder or majority shareholder at the time the\ndonation was made.\nnon-Territory political party means an organisation (whether\nincorporated or unincorporated), an object or activity of which is the\npromotion of the election to the Parliament of another Territory, a\nState or the Commonwealth of a candidate or candidates endorsed\nby it.\npolitical party, see section 3 of the Electoral Act 2004.\nreportable donation means a gift or loan that is required to be\ndisclosed or reported under Part 10 of the Electoral Act 2004 or\nunder a similar law in force in another Territory, a State or the\nCommonwealth.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act binds Crown","content":"6 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n\nIntegrity and Ethics Commissioner Act 2025 7\n(2) No criminal liability extends to the Crown in the right of the Territory\nitself (as distinct from its agents, instrumentalities, officers and\nemployees) under this Act.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application of Criminal Code","content":"7 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 7\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Integrity and Ethics Commissioner and IEC's\nOffice\nDivision 1 Establishment\n8 Integrity and Ethics Commissioner\nThere is to be an Integrity and Ethics Commissioner.\n9 Office of Integrity and Ethics Commissioner established as\nAgency\n(1) The Office of the Integrity and Ethics Commissioner (the IEC's\nOffice) is established.\n(2) The IEC's Office is an Agency for the purposes of the Public Sector\nEmployment and Management Act 1993 and the Financial\nManagement Act 1995.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Recommendation and appointment","content":"10 Recommendation and appointment\n(1) The Administrator may appoint an eligible person to be the\nCommissioner.\n(2) An appointment under subsection (1) may only be made after the\nLegislative Assembly has recommended the person for\nappointment as the Commissioner.\n(3) The Minister must table a copy of the appointment in the Legislative\nAssembly within 6 sitting days after the appointment is made.\n\nIntegrity and Ethics Commissioner Act 2025 8\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Commissioner holds office as each Integrity Officer","content":"11 Commissioner holds office as each Integrity Officer\n(1) While a person holds office as the Commissioner, the person also\nholds office as each Integrity Officer.\n(2) To avoid doubt, subsection (1) has effect without the need for any\nappointment of the person as an Integrity Officer.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Eligibility for appointment","content":"12 Eligibility for appointment\n(1) A person is an eligible person for appointment as the\nCommissioner if:\n(a) the person is:\n(i) a former judge of a superior Court; or\n(ii) a lawyer who has been admitted to the legal profession\nfor at least 10 years; and\n(b) the person is not:\n(i) a judicial officer; or\n(ii) a member of an Australian parliament; or\n(iii) a member of a local government council or of an\nequivalent body in another Territory or a State; and\n(c) the person does not have a recent political affiliation; and\n(d) the person is not, and has not been during the previous\n2 years, an acting ICAC appointed under section 59(1).\n(2) If a person who is a public officer (other than as the Commissioner\nor as an Integrity Officer) is appointed as the Commissioner, the\nperson cannot exercise any powers or perform any functions (as an\nIntegrity Officer or otherwise) while the person remains a public\nofficer.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Term of appointment","content":"13 Term of appointment\n(1) The appointment of a person as the Commissioner is for a period of\n5 years.\n(2) A person who is the Commissioner may be reappointed, if still\neligible, for one further period of 5 years.\n\nIntegrity and Ethics Commissioner Act 2025 9\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Conditions of appointment","content":"14 Conditions of appointment\n(1) The Commissioner holds office on the conditions (including\ndetermined by the Administrator.\n(2) The Commissioner's conditions of office:\nCommissioner's performance in office; and\n(b) cannot be varied to the detriment of the Commissioner during\nthe Commissioner's term in office.\nExample for subsection (2)(a)\nPerformance-based remuneration or bonus.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Leave of absence","content":"15 Leave of absence\nThe Minister may grant the Commissioner leave of absence on the\nconditions decided by the Minister.\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Vacancy in office","content":"16 Vacancy in office\nThe office of Commissioner becomes vacant if:\n(a) the Commissioner resigns under section 17; or\n(b) the Commissioner's appointment is terminated under\nsection 18(4); or\n(c) the Commissioner is:\n(i) found guilty of an offence, whether in the Territory or\nelsewhere, for which the maximum penalty is\nimprisonment for a term of at least 12 months, with or\nwithout a fine; or\n(ii) sentenced to imprisonment for an offence, whether in\nthe Territory or elsewhere and whether or not the\nsentence is suspended; or\n(d) the Commissioner becomes bankrupt, applies to take the\nbenefit of a law for the relief of bankrupt or insolvent debtors,\ncompounds with creditors or makes an assignment of\nremuneration for their benefit; or\n(e) the Commissioner becomes a candidate for election as a\nmember of an Australian parliament or a local government\ncouncil; or\n\nIntegrity and Ethics Commissioner Act 2025 10\n(f) the Commissioner becomes a public officer (other than\nthrough reappointment as the Commissioner); or\n(g) the Commissioner is no longer an eligible person for\nappointment.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Resignation","content":"17 Resignation\nThe Commissioner may resign office by written notice given to the\nAdministrator.\n18 Suspension and termination of appointment\n(1) The Administrator may suspend the Commissioner from duty:\n(a) if the Commissioner becomes physically or mentally incapable\nof satisfactorily performing official duties (as an Integrity\nOfficer or otherwise); or\n(b) if the Commissioner (as an Integrity Officer or otherwise)\nengages in corrupt conduct; or\n(c) if the Commissioner engages in paid employment outside the\nduties of office without the Minister's approval; or\n(d) if the Commissioner is absent from duty (as an Integrity Officer\nor otherwise), without the approval of the Minister and without\nreasonable excuse, for 28 consecutive days or for 42 days in\nany 12 months; or\n(e) on the ground of proved misbehaviour; or\n(f) on the ground of incompetence; or\n(g) while the Inspector is dealing with a complaint against the\nCommissioner under Part 4, Division 1, if recommended by\nthe Inspector.\n(2) The Minister must immediately give the Commissioner a statement\nof reasons for the suspension.\n(3) The Minister must table in the Legislative Assembly the statement\nand any written response by the Commissioner within 6 sitting days\nafter the suspension.\n(4) If, within 6 sitting days after the statement is tabled, a resolution of\nthe Legislative Assembly is passed by at least two-thirds of the\nwhole number of members requiring the Administrator to terminate\nthe Commissioner's appointment, the Administrator must terminate\nthe Commissioner's appointment.\n\nIntegrity and Ethics Commissioner Act 2025 11\n(5) The suspension of the Commissioner is lifted if:\n(a) the Minister does not table the statement under\nsubsection (3); or\n(b) the Legislative Assembly does not pass a resolution in\naccordance with subsection (4).\n(6) The Commissioner is entitled to be paid remuneration and\nallowances during the period of suspension.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Ministerial power to direct Commissioner to take leave","content":"19 Ministerial power to direct Commissioner to take leave\n(1) The Minister may, in writing, direct the Commissioner to take leave\nof absence to prevent serious operational, governance and work\nhealth and safety risks to IEC personnel if the Minister considers it\nis in the public interest to do so.\n(2) The Commissioner is entitled to be paid remuneration and\nallowances during the period of leave.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Acting Commissioner","content":"20 Acting Commissioner\n(1) The Administrator may appoint an eligible person for appointment\nas the Commissioner to act as the Commissioner:\n(a) during a vacancy in the office; or\n(b) during a period, or all periods, when the Commissioner (or\nanother Acting Commissioner) is unable, or unavailable, to\nperform official duties.\n(2) An appointment to act as the Commissioner during a vacancy in the\noffice may only be for a period or periods not exceeding in\naggregate 6 months in any 12 months.\n(3) If the office of Commissioner has been vacant for a period of\n18 months, no further appointment to act as the Commissioner\nduring the vacancy can be made.\n(4) An Acting Commissioner holds office on the conditions (including\ndetermined by the Administrator.\n(5) Subject to section 21(3), if a person who is a public officer (other\nthan as the Acting Commissioner or as an Integrity Officer) is\nappointed to act as the Commissioner, the person may exercise\nany powers or perform any functions (as an acting Integrity Officer\nor otherwise) while the person remains a public officer.\n\nIntegrity and Ethics Commissioner Act 2025 12\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Acting Commissioner acts as each Integrity Officer","content":"21 Acting Commissioner acts as each Integrity Officer\n(1) While a person acts as the Commissioner, the person also acts as\neach Integrity Officer.\n(2) To avoid doubt, subsection (1) has effect without the need for any\nappointment to act as an Integrity Officer.\n(3) Despite subsection (1), an Acting Commissioner cannot:\n(a) as the acting Health Complaints Commissioner – inquire into,\nconciliate, investigate or otherwise deal with, under the Health\nand Community Services Complaints Act 1998, a complaint\nrelating to a health service or community service:\n(i) in which the Acting Commissioner is employed or holds\noffice; or\n(ii) to which the Acting Commissioner provides services\nunder any form of arrangement; or\n(b) as the acting ICAC – investigate under the ICAC Act a matter\ninvolving the conduct of:\n(i) themselves as the acting ICAC; or\n(ii) a public body in which the Acting Commissioner is\nemployed or holds office; or\n(iii) a public body or public officer to which the Acting\nCommissioner provides services under any form of\narrangement; or\n(iv) if the Acting Commissioner is a public sector\nemployee – a judicial officer; or\n(c) as the acting Information Commissioner – investigate or deal\nwith, under the Information Act 2002, a complaint relating to a\npublic sector organisation:\n(i) in which the Acting Commissioner is employed or holds\noffice; or\n(ii) to which the Acting Commissioner provides services\nunder any form of arrangement; or\n\nIntegrity and Ethics Commissioner Act 2025 13\n(d) as the acting Ombudsman – investigate or deal with, under\nthe Ombudsman Act 2009, a complaint relating to:\n(i) a public body in which the Acting Commissioner is\nemployed or holds office; or\n(ii) a public body or public officer to which the Acting\nCommissioner provides services under any form of\narrangement.\npublic sector organisation, see section 5 of the Information\nAct 2002.\nNotes for section 21\n1 If the Commissioner takes 3 weeks of leave, a person appointed to act as the\nCommissioner during that period also becomes the acting Health Complaints\nCommissioner, acting ICAC, acting Information Commissioner and acting\nOmbudsman.\n2 Part 4, Division 4 also provides for the appointment, in certain circumstances,\nof an acting Health Complaints Commissioner, acting ICAC, acting\nInformation Commissioner and acting Ombudsman.\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Oath before taking office","content":"22 Oath before taking office\n(1) A person appointed to be the Commissioner must, before\nexercising any powers or performing any functions as\nCommissioner or as an Integrity Officer, take an oath that the\nperson will faithfully, impartially and truly perform the functions of\nthe Commissioner and each Integrity Officer according to law.\n(2) A person appointed to act as the Commissioner must, before\nexercising any powers or performing any functions as Acting\nCommissioner or as an acting Integrity Officer, take an oath that the\nperson will faithfully, impartially and truly perform the functions of\nthe Acting Commissioner and of each acting Integrity Officer for\nwhich the person is appointed, according to law.\n(3) The oath must be administered:\n(a) for the Commissioner – by the Administrator; or\n(b) for an Acting Commissioner – by the Administrator or the\nMinister.\n(4) A person is not required to take an oath under subsection (2) if the\nperson has previously taken an oath as Acting Commissioner within\nthe past 2 years.\n\nIntegrity and Ethics Commissioner Act 2025 14\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Integrity and Ethics Oversight Inspector","content":"23 Integrity and Ethics Oversight Inspector\nThere is to be an Integrity and Ethics Oversight Inspector.\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Functions","content":"24 Functions\n(1) The Inspector has the following functions:\n(a) in relation to the Commissioner and the IEC's Office:\n(i) to evaluate the Commissioner's performance (as each\nIntegrity Officer and otherwise), and report on the\nevaluation, in accordance with sections 35 and 36; and\n(ii) to evaluate any aspect of the Commissioner's operations\nor any conduct of a member of IEC personnel; and\n(iii) to receive and deal with complaints about the\nCommissioner (as an Integrity Officer or otherwise), a\nmember of IEC personnel or the IEC's Office; and\n(iv) to determine how any conflict of interest that arises as a\nresult of the Commissioner concurrently being each\nIntegrity Officer will be resolved; and\n(v) to make recommendations to the Commissioner (as an\nIntegrity Officer) regarding practices or procedures in\nrelation to the exercise of powers and performance of\nfunctions under an Integrity Act;\n(b) in relation to the Auditor-General's Office:\n(i) to evaluate the Auditor-General, and report on the\nevaluation, in accordance with sections 43 and 44; and\n(ii) to receive and deal with complaints about the\nAuditor-General, a member of the Auditor-General's staff\nor the Auditor-General's Office;\n(c) to perform any other functions conferred on the Inspector\nunder this or any other Act.\n(2) Despite subsection (1), the functions of the Inspector do not include\nreceiving and dealing with complaints, grievances or other matters\nunder the Public Sector Employment and Management Act 1993.\n\nIntegrity and Ethics Commissioner Act 2025 15\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Powers","content":"25 Powers\n(1) The Inspector may do all things necessary or convenient to be done\nfor, or in relation to, the performance of the Inspector's functions.\n(2) The powers of the Inspector under this Part in relation to the\nCommissioner, members of IEC personnel, the Auditor-General\nand members of the Auditor-General's staff include a former\nCommissioner, former members of IEC personnel, a former\nAuditor-General and former members of the Auditor-General's staff.\n","sortOrder":22},{"sectionNumber":"26","sectionType":"section","heading":"Independence","content":"26 Independence\nThe Inspector is not subject to direction by any person about the\nway the Inspector exercises the Inspector's powers or performs the\nInspector's functions.\n","sortOrder":23},{"sectionNumber":"27","sectionType":"section","heading":"Recommendation and appointment","content":"27 Recommendation and appointment\n(1) The Administrator may appoint an eligible person to be the\nInspector.\n(2) An appointment under subsection (1) may only be made after the\nLegislative Assembly has recommended the person for\nappointment as the Inspector.\n(3) The Minister must table a copy of the appointment in the Legislative\nAssembly within 6 sitting days after the appointment is made.\n(4) A person is an eligible person for appointment as the Inspector if:\n(a) the person is an eligible person for appointment as the\nCommissioner; and\n(b) the person is not and has not been, at any time in the previous\n12 months:\n(i) the Commissioner; or\n(ii) a member of IEC personnel; or\n(iii) the Auditor-General; or\n(iv) a member of the Auditor-General's staff.\n","sortOrder":24},{"sectionNumber":"28","sectionType":"section","heading":"Term of appointment","content":"28 Term of appointment\n(1) The Inspector holds office for the period, not exceeding 5 years,\nspecified in the instrument of appointment.\n\nIntegrity and Ethics Commissioner Act 2025 16\n(2) A person who is or was the Inspector may be reappointed, if still an\neligible person, for one further period not exceeding 5 years,\nspecified in the instrument of appointment.\n","sortOrder":25},{"sectionNumber":"29","sectionType":"section","heading":"Conditions of appointment","content":"29 Conditions of appointment\n(1) The Inspector holds office on the conditions (including conditions\nabout remuneration, expenses and allowances) determined by the\nAdministrator.\n(2) The Inspector's conditions of office:\nInspector's performance in office; and\n(b) cannot be varied to the detriment of the Inspector during the\nInspector's term in office.\nExample for subsection (2)(a)\nPerformance-based remuneration or bonus.\n","sortOrder":26},{"sectionNumber":"30","sectionType":"section","heading":"Oath before taking office","content":"30 Oath before taking office\n(1) A person appointed to be the Inspector must, before exercising any\npowers or performing any functions as Inspector, take an oath that\nthe person will faithfully, impartially and truly perform the functions\nof the Inspector according to law.\n(2) The oath must be administered by the Administrator.\n","sortOrder":27},{"sectionNumber":"31","sectionType":"section","heading":"Protection of Inspector","content":"31 Protection of Inspector\nThe Inspector has, in the exercise of the Inspector's powers and\nperformance of the Inspector's functions under this Act, the same\nprotection and immunity as a member of a court has under the\nCourts and Administrative Tribunals (Immunities) Act 2008.\n","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":"Staff","content":"32 Staff\n(1) The staff of the Inspector consists of:\n(a) persons employed in an Agency made available by the Chief\nExecutive Officer of the Agency under an arrangement with\nthe Inspector; and\n(b) persons engaged by the Inspector as consultants.\n\nIntegrity and Ethics Commissioner Act 2025 17\n(2) In exercising powers and performing functions under this Act or any\nother Act, a member of Inspector staff is subject only to the\ndirection of the Inspector or another member of Inspector staff.\n","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Suitability checks","content":"33 Suitability checks\n(1) This section applies in relation to the Inspector determining whether\na person is a suitable person to be, or remain as, a member of\nInspector staff.\n(2) The Inspector may request the person to do any of the following:\n(a) provide or consent to a criminal history check and, if\nnecessary, provide biometric data for that purpose;\n(b) declare personal interests the Inspector considers relevant;\n(c) undergo a police intelligence or integrity check;\n(d) undergo a medical or psychological assessment;\n(e) make a statutory declaration in relation to matters determined\nby the Inspector to be relevant to the person's suitability.\n(3) The Inspector may take into account the person's irrelevant criminal\nrecord, if:\n(a) it appears relevant to the person's ability to be involved in a\nparticular matter in a way that will be and appear to be\nimpartial; or\n(b) it may generally bring the Inspector's reputation for impartiality\nand integrity into disrepute; or\n(c) it may affect the person's ability to carry out substantial parts\nof the person's role.\n(4) A person who has a recent political affiliation is not suitable to be a\nmember of Inspector staff unless the person satisfies the Inspector\nthat the person's past and present political opinion, affiliation or\nactivity is sufficiently minor or remote so as not to affect the\nperson's suitability to be a member of Inspector staff.\n(5) The acts referred to in subsections (2), (3) and (4) are authorised\nfor section 53 of the Anti-Discrimination Act 1992.\n(6) In this section:\nirrelevant criminal record, see section 4(1) of the\nAnti-Discrimination Act 1992.\n\nIntegrity and Ethics Commissioner Act 2025 18\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Handling information regarding suitability","content":"34 Handling information regarding suitability\n(1) Subject to subsection (2), the Inspector must not disclose any\ninformation about a person obtained as a result of action taken\nunder section 33(2) to any person other than the person.\n(2) The Inspector may disclose information referred to in subsection (1)\nto the extent necessary for any proceeding relating to action taken\nin relation to the person to which the information is relevant.\n(3) The Inspector must arrange for the secure storage of information\nreferred to in subsection (1) and for its destruction when it is no\nlonger required.\n","sortOrder":31},{"sectionNumber":"Part 4","sectionType":"part","heading":"Oversight of Commissioner, IEC's Office and","content":"Part 4 Oversight of Commissioner, IEC's Office and\nAuditor-General's Office\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Evaluation of Commissioner","content":"35 Evaluation of Commissioner\n(1) The Inspector must evaluate the performance of the Commissioner\n(as each Integrity Officer and otherwise) for a financial year.\n(2) In evaluating the Commissioner's performance, the Inspector must\nconsider:\n(a) whether the Commissioner (as an Integrity Officer) and\nmembers of IEC personnel acted within power and in\ncompliance with the Integrity Acts and any other relevant Acts\nor subordinate legislation; and\n(b) whether the Commissioner (as an Integrity Officer or\notherwise) has implemented any previous recommendations\nmade by the Inspector; and\n(c) any other matters the Inspector considers relevant.\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Report on evaluation","content":"36 Report on evaluation\n(1) The Inspector must prepare a report on an evaluation under\nsection 35 and give a copy of the proposed report to the\nCommissioner.\n(2) The Inspector must give the Commissioner a reasonable\nopportunity to comment on the proposed report and include a fair\nrepresentation of the Commissioner's comments in the report.\n\nIntegrity and Ethics Commissioner Act 2025 19\n(3) The Inspector must give the report to the Minister and the\nCommissioner within 3 months after the end of the financial year to\nwhich it relates.\n(4) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Complaints about Commissioner","content":"37 Complaints about Commissioner\n(1) A person may complain to the Commissioner or the Inspector about\nimproper conduct or questionable conduct of any of the following:\n(a) the Commissioner (as an Integrity Officer or otherwise);\n(b) a member of IEC personnel;\n(c) the IEC's Office.\n(2) If the Commissioner receives a complaint, the Commissioner must\nnotify and give details of the complaint to the Inspector within\n14 days.\n(3) The Inspector may deal with a complaint in any manner the\nInspector considers appropriate.\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Access to IEC premises and information","content":"38 Access to IEC premises and information\n(1) For an evaluation or dealing with a complaint under this Division,\n(a) has full and free access to IEC premises and all items in the\npossession or control of the Commissioner (as an Integrity\nOfficer or otherwise) or a member of IEC personnel; and\n(b) may make a copy of any document in the possession or\ncontrol of the Commissioner (as an Integrity Officer or\notherwise) or a member of IEC personnel.\n(2) The Commissioner and members of IEC personnel must give the\nInspector all reasonable assistance the Inspector requires for an\nevaluation or dealing with a complaint.\nIEC premises means premises occupied by the Commissioner (as\nan Integrity Officer or otherwise), a member of IEC personnel or the\nIEC's Office in connection with the performance of official functions.\n\nIntegrity and Ethics Commissioner Act 2025 20\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Further powers of Inspector","content":"39 Further powers of Inspector\n(1) At any time during or on completion of, an evaluation or dealing\nwith a complaint under this Division, the Inspector may:\n(a) refer a matter to a law enforcement agency for investigation or\nprosecution; or\n(b) refer a matter to the Commissioner (as an Integrity Officer or\notherwise) or a public body for investigation and disciplinary\naction against a public officer for which the Commissioner or\npublic body is responsible; or\n(c) make recommendations to the Commissioner (as an Integrity\nOfficer) about practices or procedures in relation to the\nexercise of powers or performance of functions under an\nIntegrity Act.\n(2) The Inspector may exercise the Inspector's power under\nsection 59(1) if:\n(a) a complaint raises allegations of improper conduct or\nquestionable conduct of the Commissioner (as an Integrity\nOfficer or otherwise), a member of IEC personnel or the IEC's\nOffice; or\n(b) the Inspector becomes aware (in conducting an evaluation, in\ndealing with a complaint or otherwise) of information that, if\ntrue, would tend to show improper conduct or questionable\nconduct of the Commissioner (as an Integrity Officer or\notherwise), a member of IEC personnel or the IEC's Office.\n(3) If the Inspector is of the opinion that a matter needs to be brought\nto the attention of the Minister sooner than the next report under\nsection 36 is due, the Inspector may make a report to the Minister.\n(4) The Inspector may specify to the Minister that the report is to be\ntabled in the Legislative Assembly.\n(5) If the Inspector specifies that a report is to be tabled in the\nLegislative Assembly, the Minister must table a copy of the report in\nthe Legislative Assembly within 6 sitting days after the Minister\nreceives the report.\n\nIntegrity and Ethics Commissioner Act 2025 21\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Resolution of conflicts of interest","content":"40 Resolution of conflicts of interest\n(1) If the Commissioner (as an Integrity Officer) determines that\nexercising a power or performing a function under an Integrity Act\nwould give rise to an actual, potential or perceived conflict of\ninterest, the Commissioner:\n(a) must notify the Inspector in writing as soon as practicable; and\n(b) must not exercise the power or perform the function.\n(2) The Inspector must:\n(a) determine how the power is to be exercised or the function is\nto be performed so as to avoid the conflict of interest arising;\nand\n(b) advise the Commissioner (as the relevant Integrity Officer) of\nthe Inspector's determination.\nExamples for subsection (2)(a)\nThe Inspector may determine that:\n(a) the Commissioner (as the relevant Integrity Officer) may resume exercising\nthe power or performing the function with specified measures in place; or\n(b) an acting Integrity Officer must be appointed to exercise the power or\nperform the function.\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"No oversight of Judicial Commission","content":"41 No oversight of Judicial Commission\nIf the Commissioner is the principal officer under the Judicial\nCommission Act 2020, nothing in this Act authorises the Inspector\nto exercise a power or perform a function in relation to the Judicial\nCommission.\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Pause of statutory timeframe – Information Act 2002","content":"42 Pause of statutory timeframe – Information Act 2002\n(1) If section 40 prevents the Commissioner from exercising a power or\nperforming a function under the Information Act 2002, any\ntimeframe specified within which the Commissioner must act under\nthat Act is paused until the later of the following:\n(a) the Inspector determines that the Commissioner may resume\nexercising the power or performing the function;\n(b) a person recommended for appointment under section 40\nassumes responsibility for the matter.\n(2) To avoid doubt, a timeframe that resumes in accordance with\nsubsection (1) resumes from the point it was paused.\n\nIntegrity and Ethics Commissioner Act 2025 22\n","sortOrder":40},{"sectionNumber":"43","sectionType":"section","heading":"Evaluation of Auditor-General's Office","content":"43 Evaluation of Auditor-General's Office\n(1) The Inspector may, at any time, evaluate:\n(a) the performance of the Auditor-General's functions; or\n(b) any aspect of the Auditor-General's operations.\nExamples for subsection (1)(a) and (b)\nTimeliness of reports, use of resources, management of contractors and\ncompliance with statutory reporting and accountability obligations.\n(2) The Inspector's power under subsection (1) does not extend to an\nevaluation of the Auditor-General's audit judgments, methodologies\nor opinions.\n","sortOrder":41},{"sectionNumber":"44","sectionType":"section","heading":"Report on evaluation","content":"44 Report on evaluation\n(1) The Inspector must prepare a report on an evaluation under\nsection 43 and give a copy of the proposed report to the\nAuditor-General.\n(2) The Inspector must give the Auditor-General a reasonable\nopportunity to comment on the proposed report and include a fair\nrepresentation of the Auditor-General's comments in the report.\n(3) The Inspector must give the report to the Minister and the\nAuditor-General within 3 months after the evaluation to which it\nrelates.\n(4) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n","sortOrder":42},{"sectionNumber":"45","sectionType":"section","heading":"Complaints about Auditor-General","content":"45 Complaints about Auditor-General\n(1) A person may complain to the Auditor-General or the Inspector\nabout improper conduct or questionable conduct of any of the\nfollowing:\n(a) the Auditor-General;\n(b) a member of the Auditor-General's staff;\n(c) the Auditor-General's Office.\n(2) If the Auditor-General receives a complaint, the Auditor-General\nmust notify and give details of the complaint to the Inspector within\n14 days.\n\nIntegrity and Ethics Commissioner Act 2025 23\n(3) The Inspector may deal with a complaint in any manner the\nInspector considers appropriate.\n(4) Despite subsection (3), the functions of the Inspector do not include\nreceiving or dealing with complaints about audit judgments,\nmethodologies or opinions.\n","sortOrder":43},{"sectionNumber":"46","sectionType":"section","heading":"Access to Auditor-General's premises and information","content":"46 Access to Auditor-General's premises and information\n(1) For an evaluation or dealing with a complaint under this Division,\n(a) has full and free access to the Auditor-General's premises and\nall items in the possession or control of the Auditor-General or\na member of the Auditor-General's staff other than audit files;\nand\n(b) may make a copy of any document in the possession or\ncontrol of the Auditor-General or a member of the\nAuditor-General's staff other than a document on an audit file.\n(2) The Auditor-General and members of the Auditor-General's staff\nmust give the Inspector all reasonable assistance the Inspector\nrequires for an evaluation or dealing with a complaint.\naudit file means a document created or obtained for the purpose of\nforming an audit opinion or audit judgment under the Audit\nAct 1995.\nAuditor-General's premises means premises occupied by the\nAuditor-General, members of the Auditor-General's staff or the\nAuditor-General's Office in connection with the performance of\nofficial functions.\n","sortOrder":44},{"sectionNumber":"47","sectionType":"section","heading":"Further powers of Inspector","content":"47 Further powers of Inspector\n(1) At any time during, or on completion of, an evaluation or dealing\nwith a complaint under this Division, the Inspector may:\n(a) refer a matter to a law enforcement agency for investigation or\nprosecution; or\n(b) refer a matter to the Auditor-General or a public body for\ninvestigation and disciplinary action; or\n(c) make recommendations to the Auditor-General about\npractices or procedures in relation to the exercise of powers or\nperformance of functions under the Audit Act 1995.\n\nIntegrity and Ethics Commissioner Act 2025 24\n(2) The Inspector may exercise the Inspector's power under\nsection 59(1) if:\n(a) a complaint raises allegations of improper conduct or\nquestionable conduct of the Auditor-General, a member of the\nAuditor-General's staff or the Auditor-General's Office; or\n(b) the Inspector becomes aware (in conducting an evaluation, in\ndealing with a complaint or otherwise) of information that, if\ntrue, would tend to show improper conduct or questionable\nconduct of the Auditor-General, a member of the Auditor-\nGeneral's staff or the Auditor-General's Office.\n","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"Power to require person to attend Inspector for questioning","content":"48 Power to require person to attend Inspector for questioning\netc.\n(1) The Inspector may require any of the following to attend the\nInspector to answer questions or produce documents in relation to\nan evaluation being conducted or a complaint being dealt with by\n(a) the Commissioner (as an Integrity Officer or otherwise);\n(b) any member of IEC personnel;\n(c) the Auditor-General;\n(d) any member of the Auditor-General's staff.\n(2) The person required to attend must be given a written notice\nrequiring the person to attend at a specified time and place.\n(3) The notice may require the person to bring and produce to the\nInspector specified items, or items of a specified kind, in the\nperson's possession or control relevant to the matter.\n(4) The Inspector may require a person attending to do one or more of\nthe following:\n(a) take an oath to answer all questions truthfully;\n(b) answer a question relevant to the matter asked by the\nInspector;\n(c) produce any items in the possession or control of the person\nrelevant to the complaint or evaluation.\n\nIntegrity and Ethics Commissioner Act 2025 25\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Contravening requirement to attend","content":"49 Contravening requirement to attend\n(1) A person commits an offence if the person:\n(a) is required to do something under section 48 and has\nknowledge of that circumstance; and\n(b) intentionally fails to comply with the requirement.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months or both.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"Inspection and copies of documents","content":"50 Inspection and copies of documents\n(1) The Inspector may inspect any documents or other items produced\nto the Inspector under this Act.\n(2) The Inspector may:\n(a) retain any document or other item produced to the Inspector\nfor any reasonable period the Inspector thinks appropriate;\nand\n(b) make a copy of or take an extract from any document\nproduced to the Inspector if the Inspector is of the opinion the\ncopy or extract is relevant to a function of the Inspector in\nrelation to a matter under this Act.\n(3) If the retention of a document or other item ceases to be reasonably\nnecessary for the matter to which it relates, the Inspector must\nreturn the document or other item to a person who is entitled to\npossession of the document or other item, on request of the person.\n(4) Subsection (3) does not apply in relation to a document or other\nitem if it is required as evidence for an offence against this Act or\nanother law in force in the Territory.\n","sortOrder":48},{"sectionNumber":"51","sectionType":"section","heading":"Direction not to disclose certain information","content":"51 Direction not to disclose certain information\n(1) The Inspector may, in writing, direct a person not to disclose\ninformation if the Inspector believes on reasonable grounds the\ninformation would:\n(a) put a person's safety or wellbeing at risk; or\n(b) prejudice an investigation or activities related to an\ninvestigation under the ICAC Act.\n\nIntegrity and Ethics Commissioner Act 2025 26\n(2) A direction under subsection (1) may direct a person not to disclose\nto particular persons or classes of person or, subject to this section,\nto all persons, as specified in the direction.\n(3) A direction under subsection (1) must include the following:\n(a) if the regulations require the direction to be recorded in a\nregister – the means of locating the direction in the register;\n(b) the date the direction expires, which must be a date within\n12 months after the date the direction is given, unless the\ndirection is given to protect an person's safety or wellbeing or\nto prevent disclosure of identifying information;\n(c) a statement as to whether the direction is the first direction, or\na subsequent direction, given to the same person in relation to\nthe same information;\n(d) a statement that the direction ceases to have effect if the\ninformation to which it relates becomes public knowledge.\n(4) A failure to comply with subsection (3) does not invalidate the\ndirection, but if no date is specified as required by subsection (3)(b),\nthe direction expires 6 months after the date it is given.\n(5) A person given a direction under subsection (1) commits an\noffence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in a contravention of the direction and the\nperson is reckless in relation to the result.\n(6) It is a defence to a prosecution for an offence against\nsubsection (5) if:\n(a) the disclosure is made:\n(i) to a legal practitioner for obtaining professional legal\nadvice; or\n(ii) to a health practitioner or an accredited counsellor for\nobtaining professional assistance; or\n(iii) to a religious or spiritual advisor who is subject to ethical\nconfidentiality obligations, for obtaining spiritual\nassistance; or\n\nIntegrity and Ethics Commissioner Act 2025 27\n(b) the person discloses the information believing on reasonable\ngrounds that:\n(i) circumstances of sudden or extraordinary emergency\nexist; and\n(ii) disclosing the information is the only reasonable way to\ndeal with the emergency; and\n(iii) the risk that the disclosure is made in response to\nsignificantly outweighs any risk to a protected person in\ndisclosing the information.\n(7) A direction may be given to a person more than once under this\nsection in relation to the same information.\n(8) In this section:\nhealth practitioner means:\n(a) a medical practitioner; or\n(b) a person registered under the Health Practitioner Regulation\nNational Law to practise in the psychology profession (other\nthan as a student).\nprotected person, see section 4 of the ICAC Act.\n","sortOrder":49},{"sectionNumber":"52","sectionType":"section","heading":"Assistance","content":"52 Assistance\n(1) The Inspector may engage any assistance the Inspector thinks\nappropriate in relation to an evaluation being conducted or a\ncomplaint being dealt with or to assist in the exercise of any other\npower or the performance of any other function by the Inspector.\n(2) For subsection (1), the Inspector may, in writing, authorise any\nperson engaged to inspect and report to the Inspector on any\ndocument or other item relevant to an evaluation or complaint.\n(3) The Inspector may, in writing, delegate to a person referred to in\nsubsection (1) any of the Inspector's powers and functions under\nthis Act.\n","sortOrder":50},{"sectionNumber":"53","sectionType":"section","heading":"Further assistance – supplementary Inspector","content":"53 Further assistance – supplementary Inspector\n(1) The position of supplementary Integrity and Ethics Oversight\nInspector (the supplementary Inspector) is established.\n\nIntegrity and Ethics Commissioner Act 2025 28\n(2) On the recommendation of the Inspector, a supplementary\nInspector must be appointed by the Administrator, for the period\nrecommended by the Inspector.\n(3) The Inspector must not make a recommendation referred to in\nsubsection (2) unless:\n(a) the Inspector is of the opinion that the workload of the\nInspector has exceeded the Inspector's reasonable capacity;\nand\n(b) the person recommended is an eligible person for\nappointment as Inspector.\n(4) The supplementary Inspector has the same powers and functions\nas the Inspector.\n(5) The supplementary Inspector holds office on the conditions\n(including conditions about remuneration, expenses and\nallowances) determined by the Administrator.\n(6) The supplementary Inspector's conditions of office:\nsupplementary Inspector's performance in office; and\n(b) cannot be varied to the detriment of the supplementary\nInspector during the supplementary Inspector's term in office.\n(7) A person appointed to be the supplementary Inspector must, before\nexercising any powers or performing any functions as Inspector,\ntake an oath that the person will faithfully, impartially and truly\nperform the functions of the Inspector according to law.\n(8) The oath must be administered by the Administrator.\n","sortOrder":51},{"sectionNumber":"54","sectionType":"section","heading":"Resolution of conflicts of interest","content":"54 Resolution of conflicts of interest\nIf the Inspector determines that exercising a power or performing a\nfunction under this Act or an Integrity Act would give rise to an\nactual, potential or perceived conflict of interest, the Inspector:\n(a) must notify the Minister in writing as soon as practicable; and\n(b) must not exercise the power or perform the function; and\n(c) must recommend a suitable person for exercising the power or\nperforming the function, whether an acting Integrity Officer, a\nsupplementary Inspector or otherwise.\n\nIntegrity and Ethics Commissioner Act 2025 29\n","sortOrder":52},{"sectionNumber":"55","sectionType":"section","heading":"Disapplication of section 52 of Surveillance Devices Act 2007","content":"55 Disapplication of section 52 of Surveillance Devices Act 2007\nSection 52 of the Surveillance Devices Act 2007 does not apply to\nthe use, communication or publication of protected information\nwithin the meaning of that Act in relation to the exercise of the\nInspector's powers and performance of the Inspector's functions\nunder this Part.\n","sortOrder":53},{"sectionNumber":"56","sectionType":"section","heading":"Confidentiality of information","content":"56 Confidentiality of information\n(1) In a report on an evaluation or a report made under section 39(3) or\nin dealing with a complaint, the Inspector may disclose information\nobtained in the exercise of powers or the performance of functions\nonly to the extent the Inspector considers necessary for the\neffective exercise of the powers or performance of the functions.\n(2) In determining whether to disclose information, the Inspector must\nconsider the effect of disclosure on:\n(a) any preliminary inquiries, investigations or referrals under an\nIntegrity Act; and\n(b) potential criminal proceedings; and\n(c) the safety and wellbeing of any person; and\n(d) the effect of disclosure on a person's reputation.\n","sortOrder":54},{"sectionNumber":"57","sectionType":"section","heading":"Service","content":"57 Service\n(1) A notice, under this Part may be given:\n(a) by serving it on the recipient; or\n(b) by sending it to the recipient by email or another form of\nelectronic communication.\n(2) Subject to evidence to the contrary, a notice sent in accordance\nwith subsection (1)(b) is taken to be given to the recipient when it is\nsent to the recipient.\n","sortOrder":55},{"sectionNumber":"58","sectionType":"section","heading":"Appointment of acting Health Complaints Commissioner","content":"58 Appointment of acting Health Complaints Commissioner\n(1) The Inspector may appoint an eligible person to act as the Health\nComplaints Commissioner to deal with a specified matter under the\nHealth and Community Services Complaints Act 1998 that the\nHealth Complaints Commissioner cannot deal with due to a conflict\nof interest.\n\nIntegrity and Ethics Commissioner Act 2025 30\n(2) A person is an eligible person for appointment as an acting Health\nComplaints Commissioner under subsection (1) if the person is not:\n(a) a registered provider; or\n(b) a member of a professional association of health service\nproviders.\n(3) For subsection (2)(b), a professional association of health services\nproviders does not include:\n(a) an industrial organisation; or\n(b) an association of health administrators.\n(4) Concurrent appointments may exist under this section if the\n(5) To avoid doubt, an appointment may be made under this section\nNote for subsection (5)\nsection 20 would also be an acting Health Complaints Commissioner.\n(6) In this section:\nBoard means a National Board.\nNational Board means a National Health Practitioner Board\nestablished by section 31 of the Health Practitioner Regulation\nNational Law.\nprovider means a person who, or body that, provides, or holds out\nas being able to provide, a health service or community service and\nincludes the following:\n(a) an employer of a provider;\n(b) a volunteer who provides a health service or community\nservice on behalf of a provider.\nregistered provider means a provider registered by a relevant\nBoard.\nrelevant Board, in relation to a registered provider, means the\nBoard that registered the provider.\n\nIntegrity and Ethics Commissioner Act 2025 31\n","sortOrder":56},{"sectionNumber":"59","sectionType":"section","heading":"Appointment of acting ICAC","content":"59 Appointment of acting ICAC\n(1) The Inspector may appoint an eligible person to act as the ICAC:\n(a) to conduct an investigation under the ICAC Act into the\nconduct of any of the following:\n(i) the Commissioner (as an Integrity Officer or otherwise);\n(ii) a member of IEC personnel;\n(iii) the IEC's Office;\n(iv) the Auditor-General;\n(v) a member of the Auditor-General's staff;\n(vi) the Auditor-General's Office; and\n(b) to report on the investigation in accordance with section 60;\nand\n(c) to take any further action under the ICAC Act that the person\nconsiders appropriate.\n(2) The Inspector may appoint an eligible person to act as the ICAC to\ndeal with a specified matter under the ICAC Act that the ICAC\ncannot deal with due to a conflict of interest.\n(3) A person is an eligible person for appointment as an acting ICAC\nunder subsection (1) or (2) if the person:\n(a) is an eligible person for appointment as the Commissioner;\nand\n(b) is not, and has not been, at any time in the previous\n12 months, a public officer.\n(4) An acting ICAC appointed under subsection (1) holds office from\nthe day on which the appointment is made to the day on which the\nreport referred to in section 60 is made, unless specified otherwise\nin the instrument of appointment.\n(5) Concurrent appointments may exist under this section if the\n\nIntegrity and Ethics Commissioner Act 2025 32\n(6) To avoid doubt, an appointment may be made under this section\nNote for subsection (6)\nsection 20 would also be an acting ICAC.\n","sortOrder":57},{"sectionNumber":"60","sectionType":"section","heading":"Report following investigation","content":"60 Report following investigation\n(1) Following an investigation referred to in section 59(1), the acting\nICAC must make a report on the investigation to the Chief Minister\nand the Inspector.\n(2) The report must be prepared in accordance with section 50(2) to (5)\nof the ICAC Act.\n(3) Section 50A of the ICAC Act applies in relation to the report.\n","sortOrder":58},{"sectionNumber":"61","sectionType":"section","heading":"Appointment of acting Information Commissioner","content":"61 Appointment of acting Information Commissioner\n(1) The Inspector may appoint an eligible person to act as the\nInformation Commissioner to deal with a specified matter under the\nInformation Act 2002 that the Information Commissioner cannot\ndeal with due to a conflict of interest.\n(2) A person is an eligible person for appointment as an acting\nInformation Commissioner under subsection (1) if the person is not\na member of the Legislative Assembly.\n(3) Concurrent appointments may exist under this section if the\n(4) To avoid doubt, an appointment may be made under this section\nNote for subsection (4)\nsection 20 would also be an acting Information Commissioner.\n","sortOrder":59},{"sectionNumber":"62","sectionType":"section","heading":"Appointment of acting Ombudsman","content":"62 Appointment of acting Ombudsman\n(1) The Inspector may appoint an eligible person to act as the\nOmbudsman to deal with a specified matter under the Ombudsman\nAct 2009 that the Ombudsman cannot deal with due to a conflict of\ninterest.\n\nIntegrity and Ethics Commissioner Act 2025 33\n(2) A person is an eligible person for appointment as an acting\nOmbudsman under subsection (1) if the person:\n(a) is an eligible person for appointment as the Commissioner;\nand\n(b) is not, and has not been, at any time in the previous\n12 months, a public officer.\n(3) Concurrent appointments may exist under this section if the\n(4) To avoid doubt, an appointment may be made under this section\nNote for subsection (4)\nsection 20 would also be an acting Ombudsman.\n","sortOrder":60},{"sectionNumber":"63","sectionType":"section","heading":"Conditions of appointment","content":"63 Conditions of appointment\n(1) An acting Integrity Officer holds office on the conditions (including\ndetermined by the Inspector.\n(2) The acting Integrity Officer's conditions of office:\nacting Integrity Officer's performance in office; and\n(b) cannot be varied to the detriment of the acting Integrity Officer\nduring the acting Integrity Officer's term in office.\n","sortOrder":61},{"sectionNumber":"64","sectionType":"section","heading":"Oath before taking office","content":"64 Oath before taking office\n(1) A person appointed as an acting Integrity Officer must, before\nexercising any powers or performing any functions as an acting\nIntegrity Officer, take an oath that the person will faithfully,\nimpartially and truly perform the functions of the office for which the\nperson is appointed to act, according to law.\n(2) The oath must be administered by the Inspector.\n(3) A person is not required to take an oath under subsection (1) if the\nperson has previously taken an oath as an acting Integrity Officer\nwithin the past 2 years.\n\nIntegrity and Ethics Commissioner Act 2025 34\n","sortOrder":62},{"sectionNumber":"65","sectionType":"section","heading":"Misleading information","content":"65 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the information is misleading and the person has knowledge of\nthat circumstance; and\n(c) the other person is acting in an official capacity and the person\nhas knowledge of that circumstance.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(c) the other person is acting in an official capacity and the person\nhas knowledge of that circumstance.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant, when giving the information or\ndocument:\n(a) draws the misleading aspect of the information or document to\nthe other person's attention; and\n(b) to the extent to which the defendant can reasonably do so –\ngives the other person the information necessary to remedy\nthe misleading aspect of the information or document.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n\nIntegrity and Ethics Commissioner Act 2025 35\n","sortOrder":63},{"sectionNumber":"66","sectionType":"section","heading":"Protection from liability","content":"66 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith when acting in an official\ncapacity or purportedly acting in an official capacity.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) This section has effect subject to Part VIIA of the Police\nAdministration Act 1978.\n(4) If a person is alleged to have acted in bad faith when acting, or\npurportedly acting, in an official capacity, a civil or criminal\nproceeding for the act may only be brought by leave of the\nSupreme Court.\n(5) The Supreme Court is not to grant leave unless satisfied there are\nsubstantial reasons for believing the person acted in bad faith.\n(6) This section does not apply in relation to the Inspector.\n","sortOrder":64},{"sectionNumber":"67","sectionType":"section","heading":"Validity of acts and decisions","content":"67 Validity of acts and decisions\nA decision made, or other thing done, by the Commissioner (as an\nIntegrity Officer or otherwise) or the Inspector is not invalid only\nbecause the Commissioner or the Inspector is no longer, or never\nwas, an eligible person for appointment.\n","sortOrder":65},{"sectionNumber":"68","sectionType":"section","heading":"Regulations","content":"68 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may provide for one or more registers to be kept by the\nCommissioner or the Inspector.\nNote for section 68\nSee section 65 of the Interpretation Act 1978.\n","sortOrder":66},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transitional matters for Integrity and Ethics","content":"Part 6 Transitional matters for Integrity and Ethics\n","sortOrder":67},{"sectionNumber":"69","sectionType":"section","heading":"Definitions","content":"69 Definitions\nIn this Part:\nformer Inspector means the Inspector referred to in section 134 of\nthe ICAC Act as in force immediately before its repeal.\n\nIntegrity and Ethics Commissioner Act 2025 36\nIEC related entity means any of the following:\n(a) the Health Complaints Commissioner, a staff member as\nComplaints Act 1998 or a consultant engaged under\nsection 14(2) of that Act;\n(c) the Information Commissioner, a member of the staff of the\nInformation Commissioner or a consultant engaged under\nsection 96(3) of the Information Act 2002;\nimmediately before the commencement of section 23;\n(e) the Auditor-General or a member of the Auditor-General's\nstaff.\nrepealed provision means section 138 of the ICAC Act, as in force\nimmediately before the commencement of section 23.\n","sortOrder":68},{"sectionNumber":"70","sectionType":"section","heading":"Certain persons not to be appointed as Inspector","content":"70 Certain persons not to be appointed as Inspector\nA person must not be appointed to be the Inspector if the person is,\nor has been at any time in the 12 month period ending on the\ncommencement of section 23, any of the following:\n(a) the Health Complaints Commissioner or a staff member as\nComplaints Act 1998;\n(c) the Information Commissioner or a member of the staff of the\nInformation Commissioner;\nimmediately before the commencement of section 23;\n(e) the Auditor-General or a public sector employee employed for\nthe Auditor-General.\n","sortOrder":69},{"sectionNumber":"71","sectionType":"section","heading":"Conduct before commencement","content":"71 Conduct before commencement\n(1) A complaint may be made under section 37 or 45 about conduct\nthat occurred before the commencement of those sections, but no\nmore than 5 years before that commencement.\n\nIntegrity and Ethics Commissioner Act 2025 37\n(2) Subsection (1) does not prevent the Inspector from accepting a\ncomplaint and dealing with a matter that occurred more than\n5 years before the commencement if the Inspector is of the opinion\nthere are exceptional circumstances for, or a strong public interest\nin, doing so.\n","sortOrder":70},{"sectionNumber":"72","sectionType":"section","heading":"Current matters in relation to IEC related entity","content":"72 Current matters in relation to IEC related entity\n(1) On the commencement of section 23, the ICAC must cease dealing\nwith any matter the ICAC is dealing with in relation to an IEC\nrelated entity immediately before the commencement.\n(2) Within 7 days after the commencement of section 23, the ICAC\nmust transfer to the Inspector all information in the possession or\ncontrol of the ICAC in relation to a matter referred to in\nsubsection (1).\n(3) The Inspector must deal with the matter as if it were a complaint\nmade under Part 4.\n(4) Within a reasonable time after the commencement of section 23,\nthe Inspector must give written notice of the following to the person\n(if any) who brought the matter to the ICAC's attention:\n(a) that the Inspector has assumed responsibility for the matter;\n(b) the action the Inspector has taken, or proposes to take, in\nrelation to the matter.\n(5) For this section, the ICAC deals with a matter if the ICAC does any\nof the following:\n(a) receives or assesses a complaint about the matter;\n(b) makes preliminary inquiries into the matter;\n(c) investigates the matter;\n(d) refers the matter to another entity;\n(e) holds a public inquiry (as defined in section 4 of the ICAC Act)\ninto the matter;\n(f) prepares or finalises a report or public statement in relation to\nthe matter.\n\nIntegrity and Ethics Commissioner Act 2025 38\n","sortOrder":71},{"sectionNumber":"73","sectionType":"section","heading":"Information and records about matters involving IEC related","content":"73 Information and records about matters involving IEC related\nentities to be transferred\n(1) Within 7 days after the commencement of section 23, the ICAC\nmust transfer to the Inspector all information and records relating to\nmatters involving an IEC related entity that are in the possession or\ncontrol of the ICAC immediately before that commencement, other\nthan information referred to in section 72.\n(2) Without limiting subsection (1), information and records that must\nbe transferred include the following:\n(a) complaint files;\n(b) investigation materials;\n(c) legal advice or information;\n(d) referrals from other Agencies;\n(e) evaluation reports;\n(f) case management records.\n(3) To avoid doubt, subsection (1) applies to confidential information\nobtained from a law enforcement agency.\n","sortOrder":72},{"sectionNumber":"74","sectionType":"section","heading":"Complaints with former Inspector","content":"74 Complaints with former Inspector\n(1) This section applies in relation to a complaint the former Inspector\nreceived or was notified of under the repealed provision if,\nimmediately before the commencement of section 23, the former\nInspector:\n(a) had not finished dealing with the complaint; or\n(b) had not started dealing with the complaint.\n(2) All information in the possession or control of the former Inspector\nimmediately before the commencement of section 23 in relation to\nthe complaint is to be transferred to the Inspector.\n(3) The Inspector must deal with the complaint as if it had been made\nunder Part 4.\n(4) Within a reasonable time after the commencement of section 23,\nthe Inspector must give written notice of the following to the person\nwho made the complaint:\n(a) that the Inspector has assumed responsibility for the\ncomplaint;\n\nIntegrity and Ethics Commissioner Act 2025 39\n(b) the action that the Inspector has taken, or proposes to take, in\nrelation to the complaint.\n","sortOrder":73},{"sectionNumber":"75","sectionType":"section","heading":"Information and records to be transferred","content":"75 Information and records to be transferred\n(1) All information and records in the possession or control of the\nformer Inspector immediately before the commencement of\nsection 23, other than information covered by section 73, are to be\ntransferred to the Inspector.\n(2) Without limiting subsection (1), information and records that must\nbe transferred include the following:\n(a) all information relating to a complaint under the repealed\nprovision that does not relate to a complaint referred to in\nsection 73;\n(b) any information that may disclose the identity of a person (a\ncomplainant) who has made a complaint under the repealed\nprovision or that in any way relates to dealing with a\ncomplainant;\n(c) any legal advice or information that relates to actual or\npotential legal proceedings;\n(d) any confidential information obtained from a law enforcement\nagency.\n","sortOrder":74},{"sectionNumber":"76","sectionType":"section","heading":"Provisions if Act does not commence at start of financial year","content":"76 Provisions if Act does not commence at start of financial year\nIf sections 35 and 36 commence on a day other than 1 July, a\nreference to a financial year in those sections is taken to be a\nreference to the period from that commencement to the end of the\nfirst full financial year after that commencement.\n","sortOrder":75},{"sectionNumber":"77","sectionType":"section","heading":"Disapplication of certain provisions to Auditor-General in","content":"77 Disapplication of certain provisions to Auditor-General in\noffice\n(1) Sections 24(1)(b) and 25(2) and the provisions of Part 4,\nDivisions 2 and 3 that relate to an evaluation of the Auditor-General\nby the Inspector do not apply to the Auditor-General who is in office\nimmediately before the commencement of those provisions, for the\nduration of the term of appointment of the Auditor-General that is in\neffect immediately before the commencement of those provisions.\n(2) To avoid doubt, the provisions referred to in subsection (1)\ncommence applying if the Auditor-General who is in office\nimmediately before the commencement of those provisions is\nreappointed under section 4B(2) of the Audit Act 1995 after the\ncommencement of those provisions.\n\nPart 7 Amendments to Integrity Acts to implement interim arrangements\nDivision 2 Independent Commissioner Against Corruption Act 2017\nIntegrity and Ethics Commissioner Act 2025 40\nPart 7 Amendments to Integrity Acts to implement\ninterim arrangements\nDivision 1 Health and Community Services Complaints\n78 Act amended\nThis Division amends the Health and Community Services\nComplaints Act 1998.\n","sortOrder":76},{"sectionNumber":"79","sectionType":"section","heading":"Section 10 amended (Acting Commissioner)","content":"79 Section 10 amended (Acting Commissioner)\nSection 10(2) and (5)\nomit\n","sortOrder":77},{"sectionNumber":"80","sectionType":"section","heading":"Part 11, Division 3 inserted","content":"80 Part 11, Division 3 inserted\nAfter section 110\n","sortOrder":78},{"sectionNumber":"111","sectionType":"section","heading":"Application of amendment to section 10","content":"111 Application of amendment to section 10\nThe amendment to this Act by section 79 of the Integrity and Ethics\nCommissioner Act 2025 applies to an acting Health Complaints\nCommissioner in office on the commencement of that section.\nDivision 2 Independent Commissioner Against Corruption\nAct 2017\n81 Act amended\nThis Division amends the Independent Commissioner Against\n82 Section 121 amended (Acting ICAC)\nSection 121(3) and (4)\nomit\n\nPart 7 Amendments to Integrity Acts to implement interim arrangements\nIntegrity and Ethics Commissioner Act 2025 41\n83 Part 10, Division 3 inserted\nAfter section 178\n179 Application of amendment to section 121\nThe amendment to this Act by section 82 of the Integrity and Ethics\nCommissioner Act 2025 applies to an acting ICAC in office on the\ncommencement of that section.\nDivision 3 Information Act 2002\n84 Act amended\nThis Division amends the Information Act 2002.\n85 Section 94 amended (Acting Commissioner)\nSection 94(2)\nomit\n86 Part 14 inserted\nAfter section 164\nPart 14 Transitional matters for Integrity and Ethics\n165 Application of amendment to section 94\nThe amendment to this Act by section 85 of the Integrity and Ethics\nCommissioner Act 2025 applies to an acting Information\nCommissioner in office on the commencement of that section.\n","sortOrder":79},{"sectionNumber":"87","sectionType":"section","heading":"Act amended","content":"87 Act amended\nThis Division amends the Ombudsman Act 2009.\n\nIntegrity and Ethics Commissioner Act 2025 42\n","sortOrder":80},{"sectionNumber":"88","sectionType":"section","heading":"Section 143 amended (Acting Ombudsman)","content":"88 Section 143 amended (Acting Ombudsman)\nSection 143(2)\nomit\n89 Part 13 inserted\nAfter section 166\nPart 13 Transitional matters for Integrity and Ethics\n167 Application of amendment to section 143\nThe amendment to this Act by section 88 of the Integrity and Ethics\nCommissioner Act 2025 applies to an acting Ombudsman in office\non the commencement of that section.\n","sortOrder":81},{"sectionNumber":"90","sectionType":"section","heading":"Act amended","content":"90 Act amended\nThis Division amends the Audit Act 1995.\n","sortOrder":82},{"sectionNumber":"91","sectionType":"section","heading":"Section 4C amended (Conditions of appointment)","content":"91 Section 4C amended (Conditions of appointment)\n(1) Section 4C(2)(b), after \"varied\"\nto the detriment of the Auditor-General\n(2) After section 4C(2)\n(3) Subsection (2) does not prevent the Inspector under the Integrity\nand Ethics Commissioner Act 2025 from conducting an evaluation\nor dealing with a complaint in relation to the Auditor-General under\nthat Act.\n\nIntegrity and Ethics Commissioner Act 2025 43\n","sortOrder":83},{"sectionNumber":"92","sectionType":"section","heading":"Section 7B amended (Suspension and termination of","content":"92 Section 7B amended (Suspension and termination of\nappointment)\nSection 7B(1)\n(1) The Administrator may suspend the Auditor-General from duty:\n(a) if the Auditor-General becomes physically or mentally\nincapable of satisfactorily performing official duties; or\n(b) if the Auditor-General engages in corrupt conduct as defined\nin section 10 of the Independent Commissioner Against\nCorruption Act 2017; or\n(c) if the Auditor-General engages in paid employment outside\nthe duties of office without the Minister's approval; or\n(d) if the Auditor-General is absent from duty, without the\napproval of the Minister and without reasonable excuse, for\n28 consecutive days or for 42 days in any period of\n12 months; or\n(e) on the ground of proved misbehaviour; or\n(f) on the ground of incompetence.\n","sortOrder":84},{"sectionNumber":"93","sectionType":"section","heading":"Part 5 heading amended","content":"93 Part 5 heading amended\nPart 5, heading, after \"Office\"\nand other Agencies\n","sortOrder":85},{"sectionNumber":"94","sectionType":"section","heading":"Section 26 amended (Strategic review of Auditor-General's","content":"94 Section 26 amended (Strategic review of Auditor-General's\nOffice)\nSection 26(2)\nomit\nevery 3 years\nin each year\n\nIntegrity and Ethics Commissioner Act 2025 44\n","sortOrder":86},{"sectionNumber":"95","sectionType":"section","heading":"Section 27 amended (Audit of accounts of Auditor-General's","content":"95 Section 27 amended (Audit of accounts of Auditor-General's\nOffice, other Agency, Territory controlled entity or other\norganisation)\n(1) Section 27, heading, after \"Office,\"\nOffice of the Integrity and Ethics Commissioner,\n(2) Section 27(1)\nomit\nCorporations Act 2001\nCorporations Act 2001 (Cth)\n(3) After section 27(1)(a)\n(ab) to audit the accounts of the Office of the Integrity and Ethics\nCommissioner; or\n96 Part 9 inserted\nAfter section 31\nPart 9 Transitional matters for Integrity and Ethics\n32 Application of amendments to sections 4C and 7B on Auditor-\nGeneral in office\n(1) The amendments to this Act by sections 91 and 92 of the Integrity\nand Ethics Commissioner Act 2025 do not apply to the\nAuditor-General who is in office immediately before the\ncommencement of those sections, for the duration of the term of\nappointment that is in effect immediately before the\ncommencement.\n(2) To avoid doubt, the amendments referred to in subsection (1)\ncommence applying if the Auditor-General who is in office\nimmediately before the commencement is reappointed under\nsection 4B(2) after the commencement.\n\nDivision 2 Criminal Records (Spent Convictions) Act 1992\nIntegrity and Ethics Commissioner Act 2025 45\nDivision 2 Criminal Records (Spent Convictions) Act 1992\n97 Act amended\nThis Division amends the Criminal Records (Spent Convictions)\nAct 1992.\n","sortOrder":87},{"sectionNumber":"98","sectionType":"section","heading":"Section 15A amended","content":"98 Section 15A amended\n(1) Section 15A(1B)\n(1B) In addition, sections 11 and 13 do not apply in respect of a spent\nrecord in relation to:\n(a) an application for appointment or employment as any of the\nfollowing:\n(i) the Integrity and Ethics Commissioner or an Acting\nCommissioner;\n(ii) the Inspector (including a supplementary Inspector) or a\nmember of Inspector staff;\n(iii) an acting Integrity Officer;\n(iv) a member of ICAC staff or IEC personnel; or\n(b) anything done under section 33 of the Integrity and Ethics\nCommissioner Act 2025; or\n(c) anything done under section 126 of the Independent\nCommissioner Against Corruption Act 2017.\n(2) Section 15A(2), definitions Acting ICAC, Inspector and member\nof Inspector staff\nomit\n(3) Section 15A(2)\nActing Commissioner, see section 3 of the Integrity and Ethics\nacting Integrity Officer, see section 3 of the Integrity and Ethics\n\n","sortOrder":88},{"sectionNumber":"Div 3","sectionType":"division","heading":"Health and Community Services Complaints Act 1998","content":"Division 3 Health and Community Services Complaints Act 1998\nIntegrity and Ethics Commissioner Act 2025 46\nIEC personnel, see section 3 of the Integrity and Ethics\nInspector staff, see section 3 of the Integrity and Ethics\nIntegrity and Ethics Commissioner means the Commissioner as\ndefined in section 3 of the Integrity and Ethics Commissioner\nDivision 3 Health and Community Services Complaints\n","sortOrder":89},{"sectionNumber":"99","sectionType":"section","heading":"Act amended","content":"99 Act amended\nThis Division amends the Health and Community Services\nComplaints Act 1998.\n","sortOrder":90},{"sectionNumber":"100","sectionType":"section","heading":"Section 4 amended (Interpretation)","content":"100 Section 4 amended (Interpretation)\n(1) Section 4(1), definition Commission\nomit\n(2) Section 4(1), definition Commissioner\nomit\nappointed under section 9(1)\nreferred to in section 9\n","sortOrder":91},{"sectionNumber":"101","sectionType":"section","heading":"Part 2 repealed (Health and Community Services Complaints","content":"101 Part 2 repealed (Health and Community Services Complaints\nCommission)\n\nDivision 3 Health and Community Services Complaints Act 1998\nIntegrity and Ethics Commissioner Act 2025 47\n102 Sections 9 to 11 replaced\nSections 9 to 11\n9 Establishment of Commissioner\nThere is to be a Commissioner for Health and Community Services\nComplaints.\nNotes for section 9\nperson also holds office as the Commissioner for Health and Community\nwhile a person is appointed to act as the Integrity and Ethics Commissioner,\nthe person also acts as the Commissioner for Health and Community\n3 Section 58 of the Integrity and Ethics Commissioner Act 2025 also provides\nfor the appointment of an acting Commissioner for Health and Community\n","sortOrder":92},{"sectionNumber":"103","sectionType":"section","heading":"Section 13 amended (Independence of Commissioner)","content":"103 Section 13 amended (Independence of Commissioner)\nAfter section 13(2)\n(3) Subsections (1) and (2) have effect despite anything to the contrary\nin the Public Sector Employment and Management Act 1993.\n","sortOrder":93},{"sectionNumber":"104","sectionType":"section","heading":"Section 14 amended (Staff and facilities for Commissioner)","content":"104 Section 14 amended (Staff and facilities for Commissioner)\n(1) Section 14, heading\nomit\nand facilities\n(2) Section 14(1) and (2)\n(2) To assist in the performance of the Commissioner's functions, the\nCommissioner may engage consultants and make arrangements\nfor the provision of advice and services to the Commissioner.\n\nIntegrity and Ethics Commissioner Act 2025 48\n(3) After section 14(3)\n(4) Subsection (3) has effect despite anything to the contrary in the\n","sortOrder":94},{"sectionNumber":"105","sectionType":"section","heading":"Sections 15 and 16 replaced","content":"105 Sections 15 and 16 replaced\nSections 15 and 16\n15 Delegation\nThe Commissioner may, in writing, delegate to a person any of the\nCommissioner's powers and functions under this Act.\n106 Schedule 1 repealed (Appointment of Commissioner)\nSchedule 1\nDivision 4 Independent Commissioner Against Corruption\nAct 2017\n107 Act amended\nThis Division amends the Independent Commissioner Against\n108 Section 4 amended (Definitions)\n(1) Section 4, definitions Acting ICAC, Australian parliament,\neligible person, ICAC premises, ICAC's Office, Inspector and\nmember of Inspector staff\nomit\n(2) Section 4\nHealth Complaints Commissioner means the Commissioner for\nHealth and Community Services Complaints referred to in section 9\nof the Health and Community Services Complaints Act 1998.\nIEC Act means the Integrity and Ethics Commissioner Act 2025.\n\nIntegrity and Ethics Commissioner Act 2025 49\nInspector means the Inspector referred to in section 23 of the IEC\nAct.\nInspector staff, see section 3 of the IEC Act.\n","sortOrder":95},{"sectionNumber":"109","sectionType":"section","heading":"Section 16 amended (Meaning of public body and public office)","content":"109 Section 16 amended (Meaning of public body and public office)\n(1) Section 16(3)(b)\nomit\na member of\n(2) Section 16(3)(c) and (d)\n(c) an acting ICAC appointed under section 59 of the IEC Act to\nconduct an investigation, in relation to the investigation;\n(d) a member of ICAC staff assisting an acting ICAC appointed\nunder section 59 of the IEC Act to conduct an investigation, in\nrelation to the investigation.\n","sortOrder":96},{"sectionNumber":"110","sectionType":"section","heading":"Section 17 amended (Establishment of ICAC)","content":"110 Section 17 amended (Establishment of ICAC)\nSection 17, note\nNotes for section 17\n1 Section 11 of the IEC Act provides that while a person holds office as the\nIntegrity and Ethics Commissioner, the person also holds office as the\nIndependent Commissioner Against Corruption.\n2 Section 21 of the IEC Act provides that while a person is appointed to act as\nthe Integrity and Ethics Commissioner, the person also acts as the\nIndependent Commissioner Against Corruption.\n3 Part 4 of the IEC Act gives the Inspector oversight of the ICAC.\n111 Section 21 amended (Independence of ICAC)\n(1) Section 21, before \"The\"\n(1)\n\nIntegrity and Ethics Commissioner Act 2025 50\n(2) Section 21, at the end\n","sortOrder":97},{"sectionNumber":"112","sectionType":"section","heading":"Section 22 amended (ICAC to establish system for mandatory","content":"112 Section 22 amended (ICAC to establish system for mandatory\nreporting)\n(1) Section 22(4)\nomit\n(2) After section 22(5)\n(6) Despite anything to the contrary in this section or in any directions\nor guidelines issued under this section, a report in relation to any of\nthe following must be made to the Inspector:\n(a) the Health Complaints Commissioner, a staff member as\nComplaints Act 1998 or a consultant engaged under\nsection 14(2) of that Act;\nInformation Act 2002, a member of the staff of the Information\nCommissioner or a consultant engaged under section 96(3) of\nthat Act;\nimmediately before the commencement of section 112 of the\nIntegrity and Ethics Commissioner Act 2025;\n(e) the Auditor-General, a public sector employee employed for\nthe Auditor-General or a consultant or other person engaged\nby the Auditor-General for the performance of the\nAuditor-General's functions under the Audit Act 1995.\n\nIntegrity and Ethics Commissioner Act 2025 51\n","sortOrder":98},{"sectionNumber":"113","sectionType":"section","heading":"Section 65 amended (Restriction on access to ICAC premises","content":"113 Section 65 amended (Restriction on access to ICAC premises\nand protected ICAC information)\n(1) Section 65(6), definition protected ICAC information\nomit\n, the ICAC's Office\n(2) Section 65(6)\nICAC premises means premises occupied by the ICAC or a\nmember of ICAC staff in connection with the performance of official\nfunctions.\n","sortOrder":99},{"sectionNumber":"114","sectionType":"section","heading":"Section 93 amended (Meaning of protected communication)","content":"114 Section 93 amended (Meaning of protected communication)\n(1) Section 93(1)(b)(i)\nomit\nor the ICAC's Office\n(2) Section 93(1)(b)(ii)\nomit\nor the Ombudsman's Office\n(3) Section 93(1)(b)(iv)\nomit\nand Community\n(4) Section 93(1)(b)(vii)\nomit\nthe ICAC, the ICAC's Office or a member of ICAC staff\na person or an entity referred to in section 37(1) or 45(1) of the IEC\nAct\n\nIntegrity and Ethics Commissioner Act 2025 52\n(5) Section 93(5), definition staff member\nomit\nand Community\n","sortOrder":100},{"sectionNumber":"115","sectionType":"section","heading":"Section 98 amended (Information to be given to purported","content":"115 Section 98 amended (Information to be given to purported\nprotected person)\nSection 98(1)(e)\nomit\nICAC's Office\nICAC\n","sortOrder":101},{"sectionNumber":"116","sectionType":"section","heading":"Part 7, Divisions 1 and 1A repealed","content":"116 Part 7, Divisions 1 and 1A repealed\nPart 7, Divisions 1 and 1A\n","sortOrder":102},{"sectionNumber":"117","sectionType":"section","heading":"Section 124 amended (Staff not subject to external direction)","content":"117 Section 124 amended (Staff not subject to external direction)\n(1) Section 124, before \"In\"\n(1)\n(2) Section 124, at the end\n","sortOrder":103},{"sectionNumber":"118","sectionType":"section","heading":"Section 125 amended (Delegation)","content":"118 Section 125 amended (Delegation)\n(1) Section 125(1)\nomit\nThe\nSubject to subsection (2), the\n\nIntegrity and Ethics Commissioner Act 2025 53\n(2) Section 125(2)\n(2) The ICAC cannot delegate:\n(a) a function under Part 3, Division 6 or 7; or\n(b) a function under section 157(2).\n(3) Section 125, note\nomit\n","sortOrder":104},{"sectionNumber":"119","sectionType":"section","heading":"Section 126 amended (Suitability checks)","content":"119 Section 126 amended (Suitability checks)\nSection 126(5)\nomit\n","sortOrder":105},{"sectionNumber":"120","sectionType":"section","heading":"Section 130 (Website)","content":"120 Section 130 (Website)\n(1) Section 130(1)(b)\nomit\nICAC's Office\nICAC\n(2) Section 130(1)(d), after \"Inspector\"\nunder the IEC Act\n(3) Section 130(1)(i)\nomit\npublic;\npublic.\n(4) Section 130(1)(j)\nomit\n\nIntegrity and Ethics Commissioner Act 2025 54\n121 Part 7, Division 4 repealed (Oversight of ICAC)\nPart 7, Division 4\n122 Section 144A repealed (Former members of staff)\n123 Section 147 amended (Direction not to disclose certain\ninformation)\nSection 147(1)\nomit (all references)\nor the Inspector\n124 Section 151A repealed (Contravening requirement for ICAC or\nmember of ICAC staff to attend)\n125 Section 180 inserted\nAfter section 179\n180 Completion of annual or other evaluation\n(1) Despite the repeal of Part 7, Division 4 by section 121 of the\nIntegrity and Ethics Commissioner Act 2025, that Division, as in\nforce before its repeal:\n(a) continues to apply in relation to the evaluation under\nsection 136 as in force before its repeal, until the report on the\nevaluation is tabled under section 137(4) as in force before its\nrepeal; and\n(b) continues to apply in relation to any other evaluation that was\ncommenced under section 135(1)(ba), before its repeal, until:\n(i) the Inspector takes action in relation to the evaluation\nunder section 140 as in force before its repeal; or\n\nIntegrity and Ethics Commissioner Act 2025 55\n(ii) the Inspector decides to take no action.\n(2) For subsection (1)(a), the evaluation in relation to the financial year\ncommencing 1 July 2025 is to be truncated to cover the period\nending immediately before the repeal of Part 7, Division 4.\n(3) The appointment power under section 134, as in force before its\nrepeal, must continue to be exercised by the Administrator if:\n(a) the office of Inspector becomes vacant; and\n(b) an evaluation that was commenced before its repeal has not\nbeen tabled.\n","sortOrder":106},{"sectionNumber":"126","sectionType":"section","heading":"Act amended","content":"126 Act amended\nThis Division amends the Information Act 2002.\n","sortOrder":107},{"sectionNumber":"127","sectionType":"section","heading":"Section 4 amended (Definitions)","content":"127 Section 4 amended (Definitions)\n(1) Section 4, definition Commissioner\nomit\nunder\nreferred to in\n(2) Section 4, definition Health Complaints Commissioner\nomit\nComplaints.\nComplaints referred to in section 9 of the Health and Community\n","sortOrder":108},{"sectionNumber":"128","sectionType":"section","heading":"Section 49E amended (Information under Independent","content":"128 Section 49E amended (Information under Independent\nCommissioner Against Corruption Act 2017)\n(1) Section 49E(1)(a)(v), at the end\nor\n\nIntegrity and Ethics Commissioner Act 2025 56\n(2) Section 49E(1)(a)(vi) and (2), definition Inspector\nomit\n","sortOrder":109},{"sectionNumber":"129","sectionType":"section","heading":"Section 49F inserted","content":"129 Section 49F inserted\nAfter section 49E, in Part 4, Division 2\n","sortOrder":110},{"sectionNumber":"49F","sectionType":"section","heading":"Information under Integrity and Ethics Commissioner Act 2025","content":"49F Information under Integrity and Ethics Commissioner Act 2025\n(1) Information is exempt under section 44 if the information is obtained\nor created by the Inspector in the performance of functions or\nexercise of powers under the Integrity and Ethics Commissioner\n","sortOrder":111},{"sectionNumber":"130","sectionType":"section","heading":"Section 85 replaced","content":"130 Section 85 replaced\n","sortOrder":112},{"sectionNumber":"85","sectionType":"section","heading":"Information Commissioner","content":"85 Information Commissioner\nThere is to be an Information Commissioner.\nNotes for section 85\nperson also holds office as the Information Commissioner.\nwhile a person is appointed to act as the Integrity and Ethics Commissioner,\nthe person also acts as the Information Commissioner.\n3 Section 61 of the Integrity and Ethics Commissioner Act 2025 also provides\nfor the appointment of an acting Information Commissioner.\n","sortOrder":113},{"sectionNumber":"131","sectionType":"section","heading":"Part 6, Division 2 repealed (Appointment provisions)","content":"131 Part 6, Division 2 repealed (Appointment provisions)\nPart 6, Division 2\n\nIntegrity and Ethics Commissioner Act 2025 57\n","sortOrder":114},{"sectionNumber":"132","sectionType":"section","heading":"Section 96 amended (Staff and consultants)","content":"132 Section 96 amended (Staff and consultants)\nSection 96(2)\nomit\n","sortOrder":115},{"sectionNumber":"133","sectionType":"section","heading":"Sections 97 and 100 repealed","content":"133 Sections 97 and 100 repealed\nSections 97 and 100\n","sortOrder":116},{"sectionNumber":"134","sectionType":"section","heading":"Section 154 amended (No review or other proceedings outside","content":"134 Section 154 amended (No review or other proceedings outside\nthis Act)\n(1) Section 154, before \"Despite\"\n(1)\n(2) Section 154(a), after \"body\"\n, other than the Inspector,\n(3) Section 154, at the end\n","sortOrder":117},{"sectionNumber":"135","sectionType":"section","heading":"Section 164A inserted","content":"135 Section 164A inserted\nBefore section 165, in Part 14\n","sortOrder":118},{"sectionNumber":"164A","sectionType":"section","heading":"Definitions","content":"164A Definitions\nIn this Part:\namending Act means the Integrity and Ethics Commissioner\ncommencement means the commencement of section 126 of the\namending Act.\n\nIntegrity and Ethics Commissioner Act 2025 58\n","sortOrder":119},{"sectionNumber":"136","sectionType":"section","heading":"Sections 166 and 167 inserted","content":"136 Sections 166 and 167 inserted\nAfter section 165\n","sortOrder":120},{"sectionNumber":"166","sectionType":"section","heading":"Inspector's information remains exempt","content":"166 Inspector's information remains exempt\n(1) Despite the amendments made to section 49E by section 128 of the\namending Act, the historical Inspector records continue to be\nexempt under section 44 after the commencement.\nformer Inspector means the Inspector as defined in section 49E(2)\nas in force immediately before the commencement.\nhistorical Inspector records means information obtained or\ncreated under the Independent Commissioner Against Corruption\nAct 2017 before the commencement:\n(a) in the course of, or for the conduct of, an evaluation by the\nformer Inspector; or\n(b) in the course of the former Inspector dealing with a complaint.\n","sortOrder":121},{"sectionNumber":"167","sectionType":"section","heading":"Current investigations, complaints and audits","content":"167 Current investigations, complaints and audits\n(1) This section applies to the Information Commissioner if,\nimmediately before the commencement, the Information\nCommissioner was investigating or otherwise dealing with a\ncomplaint relating to, or was conducting an audit of, the records of\nany of the following:\n(a) the Health Complaints Commissioner;\n(c) the Ombudsman referred to in section 9 of the Ombudsman\nAct 2009;\n(d) the Auditor-General.\n(2) On the commencement, the Information Commissioner must cease\ninvestigating or otherwise dealing with the complaint or conducting\nthe audit.\n\nIntegrity and Ethics Commissioner Act 2025 59\n(3) As soon as practicable after the commencement, the Information\nCommissioner must notify the Inspector under section 40 of the\nIntegrity and Ethics Commissioner Act 2025 that the Information\nCommissioner has a conflict of interest in relation to the\ninvestigation, complaint or audit.\n","sortOrder":122},{"sectionNumber":"137","sectionType":"section","heading":"Act amended","content":"137 Act amended\nThis Division amends the Ombudsman Act 2009.\n","sortOrder":123},{"sectionNumber":"138","sectionType":"section","heading":"Section 4 amended (Definitions)","content":"138 Section 4 amended (Definitions)\n(1) Section 4, definitions Acting Ombudsman, officer (second\nreference) and Ombudsman's Office\nomit\n(2) Section 4\nOmbudsman's officer means a person employed for the\nOmbudsman.\n","sortOrder":124},{"sectionNumber":"139","sectionType":"section","heading":"Section 9 amended (Ombudsman)","content":"139 Section 9 amended (Ombudsman)\nSection 9, note\nNotes for section 9\nperson also holds office as the Ombudsman.\nwhile a person acts as the Integrity and Ethics Commissioner, the person\nalso acts as the Ombudsman.\n3 Section 62 of the Integrity and Ethics Commissioner Act 2025 also provides\nfor the appointment of an acting Ombudsman.\n\nIntegrity and Ethics Commissioner Act 2025 60\n","sortOrder":125},{"sectionNumber":"140","sectionType":"section","heading":"Section 12 amended (Independence in relation to complaints","content":"140 Section 12 amended (Independence in relation to complaints\nand investigations)\nAfter section 12(2)\n(3) Subsections (1) and (2) have effect despite anything to the contrary\nin the Public Sector Employment and Management Act 1993.\n","sortOrder":126},{"sectionNumber":"141","sectionType":"section","heading":"Part 9, Division 1 heading and Part 9, Division 1,","content":"141 Part 9, Division 1 heading and Part 9, Division 1,\nSubdivisions 1 and 2 replaced\nPart 9, Division 1, heading and Part 9, Division 1, Subdivisions 1\nand 2\n","sortOrder":127},{"sectionNumber":"Div 1","sectionType":"division","heading":"General matters","content":"Division 1 General matters\n","sortOrder":128},{"sectionNumber":"145","sectionType":"section","heading":"Staff","content":"145 Staff\nA person employed for the Ombudsman must be a public sector\nemployee.\n","sortOrder":129},{"sectionNumber":"146","sectionType":"section","heading":"Ombudsman's officers not subject to outside direction","content":"146 Ombudsman's officers not subject to outside direction\n(1) In exercising the Ombudsman's powers, or performing the\nOmbudsman's functions, in relation to complaints and\ninvestigations, including the priority given to investigations, an\nOmbudsman's officer is subject to direction only by:\n(a) the Ombudsman; or\n(b) another Ombudsman's officer.\n","sortOrder":130},{"sectionNumber":"142","sectionType":"section","heading":"Part 9, Division 1, Subdivision 3 heading omitted","content":"142 Part 9, Division 1, Subdivision 3 heading omitted\nPart 9, Division 1, Subdivision 3, heading\nomit\n143 Section 149 repealed (Validity of acts and decisions)\n\nDivision 7 Public Sector Employment and Management Act 1993\nIntegrity and Ethics Commissioner Act 2025 61\n144 Section 168 inserted\nAfter section 167\n168 Current investigations and complaints\n(1) This section applies to the Ombudsman if, immediately before the\ncommencement, the Ombudsman was investigating or otherwise\ndealing with a complaint about any of the following:\n(a) the Commissioner for Health and Community Services\nComplaints referred to in section 9 of the Health and\nCommunity Services Complaints Act 1998;\nInformation Act 2002;\n(d) the Auditor-General.\n(2) On the commencement, the Ombudsman must cease investigating\nor otherwise dealing with the complaint.\n(3) As soon as practicable after the commencement, the Ombudsman\nmust notify the Inspector under section 40 of the Integrity and\nEthics Commissioner Act 2025 that the Ombudsman has a conflict\nof interest in relation to the investigation or complaint.\ncommencement means the commencement of Part 8, Division 6 of\nthe Integrity and Ethics Commissioner Act 2025.\n","sortOrder":131},{"sectionNumber":"Div 7","sectionType":"division","heading":"Public Sector Employment and Management","content":"Division 7 Public Sector Employment and Management\nAct 1993\n145 Act amended\nThis Division amends the Public Sector Employment and\nManagement Act 1993.\n\n","sortOrder":132},{"sectionNumber":"Div 8","sectionType":"division","heading":"Telecommunications (Interception) Northern Territory Act 2001","content":"Division 8 Telecommunications (Interception) Northern Territory Act 2001\nIntegrity and Ethics Commissioner Act 2025 62\n146 Schedule 1 amended (Chief Executive Officers of particular\nAgencies)\nSchedule 1, entries for Ombudsman's Office and Office of the\nIndependent Commissioner Against Corruption\nomit\nDivision 8 Telecommunications (Interception) Northern\nTerritory Act 2001\n","sortOrder":133},{"sectionNumber":"147","sectionType":"section","heading":"Act amended","content":"147 Act amended\nThis Division amends the Telecommunications (Interception)\nNorthern Territory Act 2001.\n","sortOrder":134},{"sectionNumber":"148","sectionType":"section","heading":"Section 3 amended (Interpretation)","content":"148 Section 3 amended (Interpretation)\nSection 3(1), definition Inspector\nInspector means the Inspector referred to in section 23 of the\nIntegrity and Ethics Commissioner Act 2025.\n149 Part 5 inserted\nAfter section 21\nPart 5 Transitional matters for Integrity and Ethics\n22 Protection from liability continues\n(1) Despite the amendment made to this Act by section 148 of the\nIntegrity and Ethics Commissioner Act 2025 (the amending Act):\n(a) a reference in section 20 to the Inspector includes a reference\nto the former Inspector; and\n(b) a reference in section 20 to an inspecting officer includes a\nreference to a person to whom the former Inspector delegated\na function or functions in relation to an inspection.\n\nIntegrity and Ethics Commissioner Act 2025 63\ncommencement means the commencement of Part 8, Division 8 of\nthe amending Act.\nformer Inspector means the Inspector as defined by section 3(1)\nas in force immediately before the commencement.\nDivision 9 Other Acts amended\n150 Other Acts amended\nThe Schedule has effect.\n151 Repeal of Parts\nPart 7 and this Part are repealed on the day after this Part\ncommences.\n\nIntegrity and Ethics Commissioner Act 2025 64\nsection 150\nProvision Amendment\nomit insert\nCorrectional Services Act 2014\nsection 156(3),\ndefinition Inspector\nHealth Practitioner Regulation (National Uniform Legislation) Act 2010\nsection 5(1), definition\nhealth complaints\nentity\nHealth and Community\nServices Complaints\nCommission\nestablished by\nCommissioner for\nHealth and Community\nServices Complaints\nreferred to in section 9\nof\nMental Health and Related Services Act 1998\nsection 120(2)(l) whole paragraph (l) a staff member as\ndefined in\nsection 4(1) of the\nHealth and\nCommunity\nServices\nComplaints\nAct 1998.\nPolice (Special Investigative and Other Powers) Act 2015\nsection 3, definition\n\nIntegrity and Ethics Commissioner Act 2025 65\nProvision Amendment\nomit insert\nSurveillance Devices Act 2007\nsection 4, definition\nWitness Protection (Northern Territory) Act 2002\nsection 3(1), definition\nCommissioner Act\n2025.\nsection 29D(1)(g) ICAC Act to complain to\nthe\nIntegrity and Ethics\nto complain to the\n\nIntegrity and Ethics Commissioner Act 2025 66\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nIntegrity and Ethics Commissioner Act 2025 (Act No. 32, 2025)\nAssent date 27 November 2025\nCommenced ss 3 to 7 and pts 2 to 6 and 8: nc; rem: 28 November 2025\n(s 2(1))","sortOrder":135}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act goes substantially beyond merely creating a new Commissioner. It centralises four previously separate statutory offices (health complaints, ICAC, information, ombudsman) into one office‑holder (ss 11, 4(2)), creates a new independent Inspector with broad oversight of both the Commissioner and the Auditor‑General (ss 23–31, 43–47), and inserts extensive transitional and consequential amendments across multiple principal Acts (Part 8 and Schedule). Those changes shift the architecture of territorial integrity institutions: powers, reporting lines, complaint channels, record custody and eligibility rules are all reorganised. In short, the instrument expands from an initial premise of establishing an office to a comprehensive redesign of oversight, appointment and accountability mechanisms across the integrity system (see Parts 3–6 and Part 8)."},"complexity_factors":["Consolidation of four existing statutory offices into one office-holder (s 11) producing many interlocking conflict rules and acting‑appointment mechanisms (ss 21, 40, 58–64).","Extensive cross-references and consequential amendments to at least five major Acts (ICAC Act 2017, Information Act 2002, Ombudsman Act 2009, Health and Community Services Complaints Act 1998, Audit Act 1995) plus numerous other Acts in the Schedule (Part 8 and Schedule).","Large interpretation/definitions section with dozens of defined terms and lookback rules (section 3 and s 5's 10‑year political‑affiliation test).","Multiple time-bound and nested eligibility constraints (e.g. 2‑year, 12‑month, 18‑month bars across ss 12, 27(4), 20(3)), creating conditional appointment paths.","Complex oversight architecture: an independent Inspector with broad powers (attendance, document retention, referrals to law enforcement, appointment of acting officials) and a supplementary inspector mechanism (ss 48–53).","Transitional complexity: extensive transfer rules for files, ongoing investigations and records with specific short deadlines (ss 72–76, Part 6 and related transitional inserts).","Criminal and civil liability regimes layered with defences and high‑value penalties (misleading info, breach of non‑disclosure; ss 65, 51).","Pausing and resume logic for statutory timeframes under other Acts (e.g. Information Act timeframes paused by s 42) — adds procedural complexity across statutes.","Many discretionary powers and broad standards (Inspector may deal with complaints “in any manner the Inspector considers appropriate” — s 37(3)) increasing interpretive complexity for practitioners."],"plain_english_summary":"The Act creates a single Integrity and Ethics Commissioner who concurrently holds four statutory roles (Health Complaints Commissioner, ICAC, Information Commissioner, Ombudsman) and establishes an independent Inspector with broad powers to oversee, investigate and resolve conflicts involving the Commissioner and related integrity staff. It centralises authority across public‑sector integrity bodies, adds strict eligibility and political‑affiliation screening, imposes new oversight and compliance costs, and requires transferring staff, records and functions to the new office."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3515},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"While the short title suggests the Act merely establishes two positions (a Commissioner and an Inspector), the substance effects a comprehensive restructuring of the Northern Territory’s entire integrity framework. The legislation merges four previously independent statutory offices—ICAC, Ombudsman, Information Commissioner and Health Complaints Commissioner—into a single concurrent office held by one person. It also abolishes the existing ICAC oversight division and replaces it with the new Inspector, transfers all staff and active investigations, and amends nine other Acts to implement this consolidation. Consequently, the scope has expanded significantly beyond simply ‘establishing positions’ to a full-scale administrative reorganization of the Territory’s integrity and accountability bodies."},"complexity_factors":["Extensive cross-referencing: The Act amends at least nine other statutes (including the ICAC Act, Ombudsman Act, Information Act, Audit Act and Health Complaints Act) and imports definitions from multiple sources.","Concurrent office-holding structure: The single Commissioner simultaneously holds four distinct statutory offices, requiring complex conflict-of-interest rules (ss 21, 40) and activation mechanisms for acting officers (Part 4, Division 4).","Layered eligibility criteria: Different eligibility rules apply to the Commissioner, Inspector, Acting Commissioner, and four types of acting Integrity Officers, with specific exclusions for recent political affiliation (ss 5, 12, 27, 58, 59, 61, 62).","Intricate transitional machinery: Part 6 and various Division 3 provisions in Part 8 set out detailed rules for transferring existing complaints, investigations and records from the old standalone offices to the new IEC structure, including truncated evaluation periods and grandfathering for the incumbent Auditor-General (ss 69–77, 96).","Nested exceptions: The Inspector’s powers are subject to multiple exclusions (e.g., cannot oversee the Judicial Commission (s 41), cannot review audit judgments (s 43(2)), cannot handle employment grievances under the Public Sector Employment Act (s 24(2))).","Conditional logic for suspension and termination: The Commissioner’s suspension requires a statement of reasons, tabling in the Assembly, and a two-thirds majority resolution for termination (s 18), creating a multi-step procedural safeguard.","47 defined terms in the interpretation section (s 3) plus imported definitions from other Acts, creating a dense web of statutory references."],"plain_english_summary":"**What this law does**\n\nThis Act creates two powerful new positions in the Northern Territory—the **Integrity and Ethics Commissioner** (the Commissioner) and the **Integrity and Ethics Oversight Inspector** (the Inspector)—and merges four separate integrity bodies into one unified office.\n\n**The “Super-Commissioner”**\n\nThe most significant change is that one person—the Commissioner—automatically holds **four separate jobs at the same time**:\n1. The **Health Complaints Commissioner** (handles complaints about hospitals, doctors and community services);\n2. The **Independent Commissioner Against Corruption (ICAC)** (investigates corruption in government);\n3. The **Information Commissioner** (handles freedom-of-information and privacy disputes); and\n4. The **Ombudsman** (investigates unfair treatment by government agencies).\n\nThese four roles are called “**Integrity Officers**” in the Act. While the Commissioner holds office, they are simultaneously all four officers. An “Acting Commissioner” appointed during a vacancy or absence also acts in all four roles.\n\n**Managing conflicts of interest**\n\nBecause one person holds all these powers, the law anticipates situations where the Commissioner cannot act impartially (for example, investigating their own office). In these cases:\n*   The Commissioner must stop and notify the Inspector.\n*   The Inspector can appoint an “**acting Integrity Officer**” (a temporary, separate person) to handle that specific matter as the acting ICAC, acting Ombudsman, etc.\n*   Time limits for government responses (such as FOI deadlines) are paused while the conflict is resolved.\n\n**The Inspector’s role**\n\nThe Inspector is an independent watchdog who oversees both the Commissioner (and their staff) and the Auditor-General. The Inspector can:\n*   Evaluate the Commissioner’s performance in each of the four roles and publish reports;\n*   Receive and investigate complaints about the Commissioner, IEC staff, or the Auditor-General;\n*   Compel people to answer questions under oath and hand over documents;\n*   Recommend that the Commissioner be suspended or that the Auditor-General’s appointment be reviewed;\n*   Appoint “supplementary Inspectors” if the workload is too high.\n\n**Changes to other laws**\n\nThe Act amends several existing statutes (including the *ICAC Act*, *Ombudsman Act*, *Information Act* and *Health and Community Services Complaints Act*) to:\n*   Remove the old appointment processes for the four integrity officers;\n*   Abolish the previous ICAC oversight division and transfer its functions to the new Inspector;\n*   Move existing staff, complaints and investigations into the new IEC’s Office;\n*   Ensure that mandatory reports of corruption involving any IEC-related entity go to the Inspector rather than the ICAC.\n\n**Who is affected?**\n*   **Public servants** must now report corruption, privacy breaches or maladministration to the same consolidated office, though the legal “hats” remain distinct.\n*   **Citizens** complaining about government corruption, unfair treatment, health services or FOI decisions interact with the IEC’s Office, with safeguards to ensure that, for example, an ICAC investigation does not improperly influence an Ombudsman review of the same matter.\n*   **The Auditor-General** becomes subject to the Inspector’s oversight for administrative and conduct matters (but not for audit opinions or methodologies).\n\n**Why it matters**\n\nThis is a major consolidation of the Northern Territory’s integrity architecture. It aims to reduce administrative duplication and streamline oversight, but it concentrates significant investigative and review power in one person. The Inspector acts as a critical check on this authority, ensuring the consolidated Commissioner remains accountable and that conflicts of interest are managed transparently."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/integrity-and-ethics-commissioner-act-2025","history":"/api/acts/integrity-and-ethics-commissioner-act-2025/history","analysis":"/api/acts/integrity-and-ethics-commissioner-act-2025/analysis","conflicts":"/api/acts/integrity-and-ethics-commissioner-act-2025/conflicts","importantCases":"/api/acts/integrity-and-ethics-commissioner-act-2025/important-cases","documents":"/api/acts/integrity-and-ethics-commissioner-act-2025/documents"}}