{"id":"a-2018-52","name":"Integrity Commission Act 2018","slug":"integrity-commission-act-2018","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"52 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23759,"registerId":"act-a-2018-52-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Integrity Commission Act 2018.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘registered party—see the Electoral\nAct 1992, dictionary.’ means that the term ‘registered party’ is defined in\nthat dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1.1\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act include—\n(a) providing for the identification, investigation and exposure of\ncorrupt conduct; and\n(b) providing for the commission to prioritise the investigation and\nexposure of serious corrupt conduct and systemic corrupt\n(c) achieving a balance between the public interest in exposing\ncorruption in public administration and the public interest in\navoiding undue prejudice to a person’s reputation; and\n(d) assisting in the prevention of corrupt conduct; and\n(e) cooperating with other integrity bodies; and\n(f) educating public officials and the community about the\ndetrimental effects of corrupt conduct on public administration\nand the community and the ways in which corrupt conduct can\nbe prevented; and\n(g) assisting in improving the capacity of the public sector to\nprevent corrupt conduct.\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Application of Act—Parliamentary privilege","content":"7 Application of Act—Parliamentary privilege\n(1) This Act does not affect the law relating to the privileges of—\n(a) the Legislative Assembly; or\n(b) any Australian Parliament; or\n(c) any house of any Australian Parliament.\n(2) This section is subject to section 178 (Parliamentary privilege—taken\nto be waived for MLAs’ declarations of interests etc).\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Application of Act—conduct that happened before the","content":"8 Application of Act—conduct that happened before the\ncommencement of this Act\n(1) This Act applies in relation to conduct that happened after\nself-government day and before the commencement of this section if\nthe conduct—\n(a) is conduct by an entity (whether or not still in existence) that\nwould have been a public official or public sector entity under\nthis Act had this Act been in force at the time the conduct\nhappened; and\n(b) would have been corrupt conduct under this Act had this Act\nbeen in force at the time the conduct happened.\n(2) However, the commission must not conduct an investigation under\nchapter 3 (Commission—investigating corrupt conduct) in relation to\nconduct of a judicial officer that happened after self-government day\nand entirely before the commencement of this section if the matter\ndirectly relates to—\n(a) the merits of a decision made by the judicial officer; or\n(b) an order made by the judicial officer; or\n(c) a judgment given by the judicial officer.\n\nPreliminary Part 1.1\n(3) Also, the commission need not conduct an investigation under\nchapter 3 (Commission—investigating corrupt conduct) in relation to\nconduct that happened after self-government day and entirely before\nthe commencement of this section if satisfied on reasonable grounds\nthat the matter does not justify investigation because—\n(a) the conduct is trivial; or\n(b) the conduct is unrelated to the functions of the commission; or\n(c) the corruption report is frivolous or vexatious or not made in\ngood faith; or\n(d) the corruption report lacks substance or credibility; or\n(e) the corruption report was not made genuinely or was made\nprimarily for a mischievous purpose; or\n(f) another investigatory body has already appropriately\ninvestigated, or decided not to investigate, the conduct; or\n(g) the conduct happened too long ago to justify investigation.\n(4) In addition, the commission may conduct an investigation under\nchapter 3 in relation to conduct that happened after self-government\nday and entirely before the commencement of this section only if\nsatisfied on reasonable grounds that—\n(a) it is in the public interest for the commission to investigate the\n(b) in all the circumstances, it is appropriate for the commission to\ninvestigate the conduct, having regard to the commission’s\nfunction of investigating conduct that is alleged to be corrupt\n\ninvestigatory body means—\n(a) an integrity body; or\n(b) another entity (whether or not still in existence) with power to\nrequire the production of documents or the answering of\nquestions.\n\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of corrupt conduct","content":"9 Meaning of corrupt conduct\n(1) For this Act, corrupt conduct is conduct—\n(a) that could—\n(i) constitute a criminal offence; or\n(ii) constitute a serious disciplinary offence; or\n(iii) constitute reasonable grounds for dismissing, dispensing\nwith the services of, or otherwise terminating the services\nof, a public official; and\n(b) that is any of the following:\n(i) conduct by a public official that constitutes the exercise of\nthe public official’s functions as a public official in a way\nthat is not honest or is not impartial;\n(ii) conduct by a public official or former public official that—\n(A) constitutes a breach of public trust; or\n(B) constitutes the misuse of information or material\nacquired by the official in the course of performing\ntheir official functions, whether or not the misuse is\nfor the benefit of the official or another person;\n(iii) conduct that adversely affects, either directly or indirectly\nthe honest or impartial exercise of functions by a public\nofficial or a public sector entity;\n(iv) conduct that—\n(A) adversely affects, either directly or indirectly the\nexercise of official functions by a public official or\npublic sector entity; and\n\n(B) would constitute, if proved, an offence against a\nprovision of the Criminal Code, chapter 3 (Theft,\nfraud, bribery and related offences);\n(v) conduct that involves any of the following:\n(A) collusive tendering;\n(B) fraud in relation to applications for licences, permits\nor other authorities under legislation designed to\nprotect health and safety, protect the environment or\nfacilitate the management and commercial\nexploitation of resources;\n(C) dishonestly obtaining or assisting in obtaining, or\ndishonestly benefiting from, the payment or\napplication of public funds for private advantage or\nthe disposition of public assets for private advantage;\n(D) defrauding the public revenue;\n(E) fraudulently obtaining or retaining employment or\nappointment as a public official;\n(vi) conduct engaged in by a person in relation to conduct\nmentioned in subparagraphs (i) to (iv) (the primary\nconduct), that would constitute an offence against the\nCriminal Code, part 2.4 (Extensions of criminal\nresponsibility) on the basis that the primary conduct is an\noffence, whether or not the primary conduct is in fact an\noffence.\n(2) For subsection (1) (a) it does not matter if—\n(a) proceedings or action in relation to the conduct can no longer be\ntaken; or\n\n(b) the conduct happened outside the Territory.\nExample—par (a)\nAction for a disciplinary offence may no longer be taken as the person who engaged\nin the conduct has resigned.\ncriminal offence means a criminal offence under the law of the\nTerritory or under any other law relevant to the conduct in question.\nExamples—criminal offences\noffences in the Criminal Code, ch 3 (Theft, fraud, bribery and related offences),\nincluding:\n• pt 3.2 (Theft and related offences)\n• pt 3.3 (Fraudulent conduct)\n• pt 3.4 (False or misleading statements, information and documents)\n• pt 3.5 (Blackmail)\n• pt 3.6 (Forgery and related offences)\n• pt 3.7 (Bribery and related offences)\n• pt 3.8 (Impersonation or obstruction of territory public officials)\n• pt 3.8A (Cheating at gambling).\nserious disciplinary offence includes—\n(a) any serious misconduct; or\n(b) any other matter that constitutes or may constitute grounds for—\n(i) termination action under any law; or\n(ii) a significant employment penalty.\nserious misconduct—see the Fair Work Regulations 2009 (Cwlth),\nsection 1.07 (Meaning of serious misconduct).\n\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of serious corrupt conduct","content":"10 Meaning of serious corrupt conduct\nserious corrupt conduct means corrupt conduct that is likely to\nthreaten public confidence in the integrity of government or public\nadministration.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of systemic corrupt conduct","content":"11 Meaning of systemic corrupt conduct\nsystemic corrupt conduct means instances of corrupt conduct that\nreveal a pattern of corrupt conduct in 1 or more public sector entities.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of public official","content":"12 Meaning of public official\npublic official—\n(a) means a person who—\n(i) has public official functions for the Territory; or\n(ii) is acting in a public official capacity for the Territory; and\n(b) includes the following:\n(i) a member of the Legislative Assembly;\n(ii) a member of staff of an MLA;\n(iii) a judicial officer;\n(iv) a presidential member, non-presidential member, assessor\nor registrar of the ACAT;\n(v) an officer of the Assembly;\n(vi) a statutory office-holder;\n(vii) a public servant;\n\n(viii) any other person who is—\n(A) an employee of a public sector entity; or\n(B) a contractor, employee of a contractor, or volunteer\nexercising a function of, a public sector entity.\nassessor, of the ACAT—see the ACT Civil and Administrative\nTribunal Act 2008, dictionary.\nnon-presidential member, of the ACAT—see the ACT Civil and\nAdministrative Tribunal Act 2008, dictionary.\npresidential member, of the ACAT—see the ACT Civil and\nAdministrative Tribunal Act 2008, dictionary.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of judicial officer","content":"13 Meaning of judicial officer\njudicial officer means any of the following:\n(a) the Chief Justice, a judge or associate judge;\n(b) the Chief Magistrate, a magistrate or any office that must be\noccupied by a magistrate;\n(c) a registrar of the Supreme Court or the Magistrates Court.\nassociate judge means the Master of the Supreme Court under the\nSupreme Court Act 1933, as in force at any time before the day the\nCourts Legislation Amendment Act 2023, section 23 commences.\nNote The Courts Legislation Amendment Act 2023, s 23 omitted the Supreme\nCourt Act 1933, pt 3, which provided for the Master of the Supreme Court\n(known as the Associate Judge).\n\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of public sector entity","content":"14 Meaning of public sector entity\npublic sector entity means any of the following:\n(a) an ACT public service entity;\nNote ACT public service entity—see s 16.\n(b) a Legislative Assembly entity;\nNote Legislative Assembly entity—see s 17.\n(c) an entity of a public nature.\nNote Entity of a public nature—see s 18.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of head of a public sector entity","content":"15 Meaning of head of a public sector entity\nhead, of a public sector entity, means—\n(a) for an ACT public service entity—\nNote ACT public service entity—see s 16.\n(i) for the public service—the head of service; and\n(ii) for an administrative unit—the director-general of the\nadministrative unit; and\n(iii) for a statutory office-holder—the statutory office-holder;\nand\n(iv) for a territory authority—the person who has responsibility\nfor managing the affairs of the territory authority; and\n(v) for a territory-owned corporation or a subsidiary of a\nterritory-owned corporation—the person who has\nresponsibility for managing the affairs of the\nterritory-owned corporation; and\n\n(vi) for a territory instrumentality—the person who has\nresponsibility for managing the affairs of the territory\ninstrumentality; and\n(b) for a Legislative Assembly entity—\nNote Legislative Assembly entity—see s 17.\n(i) for a member of the Legislative Assembly—the Speaker;\nand\n(ii) for a member of staff of an MLA—the Speaker; and\n(iii) for the Office of the Legislative Assembly—the clerk of\nthe Legislative Assembly; and\n(iv) for an officer of the Assembly—the officer of the\nAssembly; and\n(v) for a member of staff of an officer of the Assembly—the\nofficer of the Assembly; and\n(c) for an entity of a public nature—the person who has\nresponsibility for managing the affairs of the entity.\nNote Entity of a public nature—see s 18.\n\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Meaning of ACT public service entity","content":"16 Meaning of ACT public service entity\nACT public service entity—\n(a) means any of the following:\n(i) the public service;\n(ii) a statutory office-holder;\n(iii) a territory authority;\n(iv) a territory-owned corporation;\n(v) a subsidiary of a territory-owned corporation;\n(vi) a territory instrumentality; but\n(b) does not include the following:\n(i) the commission;\n(ii) the commissioner;\n(iii) staff of the commission;\n(iv) the inspector;\n(v) staff of the inspector.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Meaning of Legislative Assembly entity","content":"17 Meaning of Legislative Assembly entity\nLegislative Assembly entity means any of the following:\n(a) a member of the Legislative Assembly;\n(b) a member of staff of an MLA;\n(c) the Office of the Legislative Assembly;\n(d) an officer of the Assembly;\n(e) a member of staff of an officer of the Assembly.\n\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Meaning of entity of a public nature","content":"18 Meaning of entity of a public nature\nentity of a public nature means an entity whose functions are, or\ninclude, functions of a public nature, when it is exercising those\nfunctions (whether under contract or otherwise) for—\n(a) the Territory; or\n(b) an ACT public service entity; or\n(c) a Legislative Assembly entity.\nNote A reference to an entity includes a reference to a person exercising a\nfunction of the entity, whether under a delegation, subdelegation or\notherwise (see Legislation Act, s 184A (1)).\n(2) In deciding whether a function of an entity is a function of a public\nnature, the following matters may be considered:\n(a) whether the function is conferred on the entity under a territory\nlaw;\n(b) whether the function is connected to or generally identified with\nfunctions of government;\n(c) whether the function is of a regulatory nature;\n(d) whether the entity is publicly funded to perform the function;\n(e) whether the entity exercising the function is a company (within\nthe meaning of the Corporations Act) the majority of the shares\nin which are held by or for the Territory.\n(3) Subsection (2) does not limit the matters that may be considered in\ndeciding whether a function is of a public nature.\n(4) Without limiting subsection (2) or (3), the following functions are\ntaken to be of a public nature:\n(a) the operation of detention places and correctional centres;\n\n(b) the provision of any of the following services:\n(i) gas, electricity and water supply;\n(ii) emergency services;\n(iii) public health services;\n(iv) public education;\n(v) public transport;\n(vi) public housing.\n\nCommission—establishment, independence and functions Part 2.1\nPart 2.1 Commission—establishment,\nindependence and functions\n19 Establishment of commission\nThe ACT Integrity Commission is established.\n20 Constitution of commission\nThe commission consists of the commissioner.\n21 Commissioner—officer of the Legislative Assembly\n(1) The commissioner is an independent officer of the Legislative\nAssembly.\n(2) The functions, powers, rights, immunities and obligations of the\ncommissioner are as stated in this Act and any other law in force in\nthe Territory.\nNote A law in force in the Territory includes a territory law and a\nCommonwealth law.\n(3) There are no implied functions, powers, rights, immunities or\nobligations arising from the commissioner being an independent\nofficer of the Legislative Assembly.\n(4) The powers of the Legislative Assembly to act in relation to the\ncommissioner are as stated in this Act and any other law in force in\nthe Territory.\n(5) In subsection (4):\nLegislative Assembly includes—\n(a) the members of the Legislative Assembly; and\n(b) the committees of the Legislative Assembly.\n\n","sortOrder":16},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Commission—establishment, independence and functions","content":"Part 2.1 Commission—establishment, independence and functions\n(6) There are no implied powers of the Legislative Assembly arising\nfrom the commissioner being an independent officer of the\n","sortOrder":17},{"sectionNumber":"22","sectionType":"section","heading":"Independence of commission","content":"22 Independence of commission\nSubject to this Act and to other territory laws, the commission has\ncomplete discretion in the exercise of the commission’s functions.\n","sortOrder":18},{"sectionNumber":"23","sectionType":"section","heading":"Functions of commission","content":"23 Functions of commission\n(1) The functions of the commission are to—\n(a) investigate conduct that is alleged to be corrupt conduct; and\n(b) refer suspected instances of criminality or wrongdoing to the\nappropriate authority for further investigation and action; and\n(c) prevent corruption, including by—\n(i) researching corrupt practices; and\n(ii) mitigating the risks of corruption; and\n(d) publish information about investigations conducted by the\ncommission, including lessons learned; and\n(e) provide education programs about the operation of this Act and\nthe commission, including providing advice, training and\neducation services to—\n(i) the Legislative Assembly and the public sector to increase\ncapacity to prevent corrupt conduct; and\n(ii) people who are required to report corrupt conduct under\nthis Act; and\n(iii) the community about the detrimental effects of corruption\non public administration and ways in which to assist in\npreventing corrupt conduct; and\n\nCommission—establishment, independence and functions Part 2.1\n(f) foster public confidence in the Legislative Assembly and public\nsector.\n(2) In exercising its functions, the commission must prioritise the\ninvestigation and exposure of corrupt conduct which the commission\nconsiders may constitute serious corrupt conduct or systemic corrupt\n(3) Subsection (2) does not restrict the commission’s discretion to decide\nto investigate any matter that the commission considers may\nconstitute corrupt conduct.\n(4) In exercising its functions, the commission must take into account the\nresponsibility and role other public sector entities have in the\nprevention of corrupt conduct.\npublic sector—see the Public Sector Management Act 1994,\n","sortOrder":19},{"sectionNumber":"24","sectionType":"section","heading":"Functions of commissioner","content":"24 Functions of commissioner\nThe commissioner has the functions given to the commissioner under\nthis Act or another territory law.\nNote 1 A provision of a law that gives an entity (including a person) a function\nNote 2 The commissioner has functions under the Public Interest Disclosure\nAct 2012.\n\n","sortOrder":20},{"sectionNumber":"25","sectionType":"section","heading":"Commissioner—appointment","content":"25 Commissioner—appointment\n(1) The Speaker must, on behalf of the Territory, appoint a person as the\nACT Integrity Commissioner.\n(2) The appointment must be made—\n(a) in consultation with—\n(b) in accordance with the commissioner selection criteria and\nprocess determination.\nNote Commissioner selection criteria and process determination—\nsee s 27.\n(3) The Speaker must not appoint a person as commissioner unless—\n(a) satisfied that the person has extensive knowledge of, and\nexperience in—\n(i) criminal investigation or criminal adjudication; or\n(ii) law enforcement or the conduct of investigations; or\n(iii) public administration, governance or government; and\n(b) the Legislative Assembly has approved the appointment, by\nresolution passed by a majority of at least 2/3 of the members.\n\n(4) The commissioner is appointed on the terms (if any) in relation to\nmatters not provided for by this part or a determination under the\nRemuneration Tribunal Act 1995 that are prescribed by the\nmanagement standards under the Public Sector Management\n(5) The appointment is a disallowable instrument.\nNote For the making of appointments (including acting appointments), see the\n","sortOrder":21},{"sectionNumber":"26","sectionType":"section","heading":"Commissioner—eligibility for appointment","content":"26 Commissioner—eligibility for appointment\n(1) The Speaker may appoint a person as the commissioner only if the\nperson has been—\n(a) a judge of the Supreme Court; or\n(b) a judge of the Supreme Court of a State or another territory; or\n(c) a judge of the Federal Court; or\n(d) a justice of the High Court; or\n(e) a lawyer for at least 10 years.\n(2) However, the Speaker must not appoint a person as the commissioner\nif the person—\n(a) is or has been the inspector of the commission; or\n(c) is or has, in the 5 years immediately before the day of the\nproposed appointment, been a public servant; or\n\n(d) is or has, in the 5 years immediately before the day of the\nproposed appointment, been a member of—\n(i) a registered party; or\n(ii) a political party registered under a law of the\nCommonwealth, a State or another territory; or\n(iii) a political party; or\n(e) has been convicted—\n","sortOrder":22},{"sectionNumber":"27","sectionType":"section","heading":"Commissioner—selection criteria and process","content":"27 Commissioner—selection criteria and process\n(1) The Speaker must make a determination (a commissioner selection\ncriteria and process determination) about—\n(a) the criteria that apply to the selection of a person for\nappointment as commissioner; and\n(b) the process for selecting the person.\n(2) In making a commissioner selection criteria and process\ndetermination, the Speaker must—\n(a) consult—\n\n(b) ensure the selection process is open, accountable and\ncompetitive; and\n(c) have regard to any selection criteria determined under the\nSupreme Court Act 1933, section 4AA (Requirements of\nappointment—resident judges).\n(3) A commissioner selection criteria and process determination is a\ndisallowable instrument.\n","sortOrder":23},{"sectionNumber":"28","sectionType":"section","heading":"Commissioner—term of appointment","content":"28 Commissioner—term of appointment\n(1) The commissioner must not be appointed for longer than 7 years.\n(2) However, the appointment term must not end within 12 months\nbefore or after the end of the CEO’s appointment.\n(3) A person who has been the commissioner for 7 years is not eligible\nfor reappointment.\n","sortOrder":24},{"sectionNumber":"29","sectionType":"section","heading":"Commissioner—oath or affirmation of office","content":"29 Commissioner—oath or affirmation of office\nBefore a person is appointed as commissioner, the person must take\nan oath of office, or make an affirmation of office, before the Speaker.\nNote For the form of the oath and affirmation of office, see the Oaths and\nAffirmations Act 1984, s 6 and sch 1.\n","sortOrder":25},{"sectionNumber":"30","sectionType":"section","heading":"Commissioner—disclosure of interests","content":"30 Commissioner—disclosure of interests\nThe commissioner must give a written statement of their financial and\nother personal interests to the Speaker, and the inspector, within\n5 business days after—\n(a) the day the commissioner is appointed; and\n(b) the first day of each financial year; and\n\n(c) the day there is a change in the interest.\n","sortOrder":26},{"sectionNumber":"31","sectionType":"section","heading":"Commissioner—must avoid conflict of interest","content":"31 Commissioner—must avoid conflict of interest\n(1) The commissioner must not—\n(a) have paid employment that is inconsistent with the\ncommissioner’s functions; or\n(b) engage in any unpaid activity that is inconsistent with the\ncommissioner’s functions.\n(2) If the commissioner has a financial or other personal interest that\nconflicts or may conflict, or may be perceived to conflict with the\ncommissioner’s functions (a conflict of interest), the commissioner\nmust disclose, in writing, the nature of the interest and the conflict or\npotential conflict to—\n(a) the Speaker; and\n(b) the inspector.\nNote The commissioner must disclose a conflict of interest as soon as possible\n(3) The commissioner must not take any part in considering a matter in\nrelation to which the conflict of interest has arisen except—\n(a) with the written approval of the Speaker; and\n(b) in accordance with any conditions included in the Speaker’s\napproval.\n(4) This section does not apply in relation to a conflict of interest while\nthe commissioner remains unaware of the conflict of interest, but in\nany proceeding against the commissioner, the commissioner has the\nburden of proving that the commissioner was not, at the material time,\naware of the conflict of interest.\n\n","sortOrder":27},{"sectionNumber":"32","sectionType":"section","heading":"Commissioner—conflicts of interest register","content":"32 Commissioner—conflicts of interest register\n(1) The commission must keep a conflicts of interest register.\n(2) The conflicts of interest register must contain the following:\n(a) a copy of each disclosure made under section 31 (2);\n(b) if the commissioner takes part in considering a matter with the\nSpeaker’s approval under section 31 (3)—\n(i) a copy of the Speaker’s approval; and\n(ii) details of how the commissioner complied with the\nconditions on the speaker’s approval (if any);\n(c) if a proceeding is taken against the commissioner that relates to\na conflict of interest—\n(i) details of the nature of the conflict of interest; and\n(ii) if the commissioner claimed to be unaware of the conflict\nof interest—details of how the commissioner proved, or\nattempted to prove, that the commissioner was not, at the\nmaterial time, aware of the conflict of interest.\n(3) The commissioner must make the conflicts of interest register\navailable for inspection by the inspector at any time.\n","sortOrder":28},{"sectionNumber":"33","sectionType":"section","heading":"Commissioner—resignation","content":"33 Commissioner—resignation\nThe commissioner may resign by giving a signed notice of\nresignation to the Speaker.\n","sortOrder":29},{"sectionNumber":"34","sectionType":"section","heading":"Commissioner—retirement","content":"34 Commissioner—retirement\n(1) The Speaker may retire the commissioner on the ground of physical\nor mental incapacity if—\n(a) the incapacity substantially affects the exercise of the\ncommissioner’s functions; and\n(b) the commissioner consents to the retirement.\n\n(2) However, the commissioner must not be retired on the ground of\ninvalidity unless—\n(a) if the commissioner is an eligible employee for the\nSuperannuation Act 1976 (Cwlth)—\n(i) the commissioner is under the commissioner’s maximum\nretiring age within the meaning of that Act; and\nSuperannuation Board of Trustees No 2 under that Act,\nsection 54C for the commissioner; or\n(b) if the commissioner is a member of the superannuation scheme\nestablished under the Superannuation Act 1990 (Cwlth)—\n(i) the commissioner is under 60 years old; and\nsection 13 for the commissioner; or\n(c) if the commissioner is an ordinary employer-sponsored member\nof PSSAP within the meaning of the Superannuation Act 2005\n(Cwlth)—\n(i) the commissioner is under 60 years old; and\nsection 43 for the commissioner.\n\ninvalidity means—\n(a) for an eligible employee for the Superannuation Act 1976\n(Cwlth)—invalidity under that Act; or\n(b) for a member of the superannuation scheme established under\nthe Superannuation Act 1990 (Cwlth)—invalidity under that\n(c) for an ordinary employer-sponsored member of PSSAP within\nthe meaning of the Superannuation Act 2005 (Cwlth)—\ninvalidity under that Act.\nphysical or mental incapacity includes invalidity.\n","sortOrder":30},{"sectionNumber":"35","sectionType":"section","heading":"Commissioner—suspension—generally","content":"35 Commissioner—suspension—generally\n(1) The Speaker may suspend the commissioner—\n(b) for failure to take all reasonable steps to avoid being placed in a\nposition where a conflict of interest arises during the exercise of\nthe commissioner’s functions; or\n(c) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the commissioner’s functions; or\n(d) if the commissioner becomes bankrupt or personally insolvent.\nNote Power given by a law to make a decision includes power to reverse or\nchange the decision. The power to reverse or change the decision is\npower to make the decision (see Legislation Act, s 180).\n\n(2) If the Speaker is considering suspending the commissioner, the\nSpeaker—\n(a) must consult the following people about the proposed\nsuspension:\n(i) the Chief Minister;\n(ii) the Leader of the Opposition;\nLegislative Assembly are members of the party;\n(b) may ask 1 or more of the following for advice about the\nproposed suspension:\n(i) the public sector standards commissioner;\n(ii) anyone else the Speaker considers appropriate.\n(3) If the Speaker suspends the commissioner, the Speaker must give the\ncommissioner written notice of the suspension and a copy of a\nstatement of the reasons for the suspension.\n(4) The suspension takes effect when the notice and statement are given\nto the commissioner under subsection (3).\n(5) The commissioner may be suspended only under this section.\n(6) The commissioner is entitled to be paid salary and allowances while\nsuspended.\n\n","sortOrder":31},{"sectionNumber":"36","sectionType":"section","heading":"Commissioner—suspension—relevant Assembly","content":"36 Commissioner—suspension—relevant Assembly\ncommittee notice and meetings\n(1) If the Speaker suspends the commissioner, the Speaker must give\nwritten notice of the suspension and a copy of the statement of the\nreasons for the suspension to each member of the relevant Assembly\ncommittee not later than the next business day, or if the committee\nhas not been established, the next business day after the day the\ncommittee is established.\n(2) The relevant Assembly committee must meet in relation to the\ncommissioner’s suspension—\n(a) not later than 3 business days after the day the committee is\ngiven written notice of the suspension (the notice day); and\n(b) at subsequent intervals of not longer than 30 days while the\ncommissioner is suspended (a regular meeting).\n(3) The relevant Assembly committee must give the commissioner\nwritten notice that a regular meeting will be held at least 3 business\ndays before the day the meeting is to be held.\n(4) The commissioner may make an oral or written submission (or both)\nto the committee about the commissioner’s suspension.\n(5) At each regular meeting, the relevant Assembly committee must\nreview the commissioner’s suspension and may, at any time, pass a\nresolution about the suspension, including a resolution—\n(a) recommending to the Speaker that the Speaker end the\nsuspension; or\n(b) to make a statement to the Legislative Assembly recommending\nthat the Speaker end the commissioner’s appointment.\n\n","sortOrder":32},{"sectionNumber":"37","sectionType":"section","heading":"Commissioner—ending suspension","content":"37 Commissioner—ending suspension\n(1) If the Speaker does not comply with section 36 (1), the suspension\nends at the end of the notice day.\n(2) If the relevant Assembly committee fails to hold a meeting as required\nunder section 36 (2), the suspension ends on the day after the last day\nwhen the meeting could have been held.\n(3) If the relevant Assembly committee makes a recommendation\nmentioned in section 36 (5) (a) and the Speaker does not end the\nsuspension within 1 business day after the day the recommendation\nis made—\n(a) the committee may, at any time, resolve to make a statement to\nthe Legislative Assembly recommending that the suspension be\nended; and\n(b) if the committee makes a statement mentioned in paragraph (a)\nand—\n(i) the Legislative Assembly resolves to end the suspension—\nthe suspension ends on the passing of the resolution; or\n(ii) the Legislative Assembly does not deal with the statement\nwithin 3 sitting days—the suspension ends at the end of the\n3rd sitting day.\n(4) If the relevant Assembly committee makes a statement mentioned in\nsection 36 (5) (b)—\n(a) the Legislative Assembly may resolve to require the Speaker to\nend the commissioner’s appointment; but\n(b) if the Legislative Assembly does not, within 3 sitting days, pass\na resolution mentioned in paragraph (a)—the suspension ends at\nthe end of the 3rd sitting day.\n\n(5) If the Speaker ends the commissioner’s suspension, the Speaker must\ngive written notice of the ending of the suspension and a copy of a\nstatement of the reasons for ending the suspension to the\ncommissioner and the relevant Assembly committee.\nnotice day—see section 36 (2) (a).\n","sortOrder":33},{"sectionNumber":"38","sectionType":"section","heading":"Commissioner—ending appointment","content":"38 Commissioner—ending appointment\n(1) The Speaker must end the commissioner’s appointment if the\nLegislative Assembly—\n(a) passes a resolution under section 37 (4) (a); or\n(b) otherwise resolves to require the Speaker to end the\ncommissioner’s appointment—\n(i) for misbehaviour; or\n(ii) for failure to take all reasonable steps to avoid being placed\nin a position where a conflict of interest arises during the\nexercise of the commissioner’s functions; or\n(iii) for physical or mental incapacity, if the incapacity\nsubstantially affects the exercise of the commissioner’s\n(iv) if the commissioner becomes bankrupt or personally\ninsolvent.\n(2) For a resolution mentioned in subsection (1) (b)—\n(a) at least 7 days before the day the motion to which the resolution\nrelates is first debated in the Legislative Assembly—\n(i) the Assembly must be given the notice of the motion and a\nstatement of reasons for the motion; and\n\n(ii) the Speaker must—\n(A) give the commissioner a copy of the notice and the\nstatement of reasons; and\n(B) tell the commissioner that a written submission about\nthe motion may be made to the Speaker not later than\n3 days after the day the commissioner is given the\nnotice; and\n(b) the Speaker must give any written submission to the Legislative\nAssembly before the day the motion is first debated in the\n(3) The Speaker may end the commissioner’s appointment if the\ncommissioner is absent from duty, except on leave granted by the\nSpeaker, for 14 consecutive days or for 28 days in any 12 months.\n(4) The commissioner’s appointment may be ended by the Speaker only\nunder this section or section 34 (Commissioner—retirement).\n","sortOrder":34},{"sectionNumber":"39","sectionType":"section","heading":"Commissioner—leave of absence","content":"39 Commissioner—leave of absence\nThe Speaker may approve leave of absence for the commissioner on\nthe terms the Speaker decides.\n","sortOrder":35},{"sectionNumber":"40","sectionType":"section","heading":"Commissioner—acting appointment","content":"40 Commissioner—acting appointment\nNote The Speaker has power to appoint an acting commissioner if the position\nis vacant or if the commissioner cannot for any reason exercise a function\n(see Legislation Act, s 209 (1)).\n(1) The Speaker must not appoint a person to act as commissioner unless\neither—\n(a) the Legislative Assembly has approved the appointment, by\nresolution passed by a majority of at least 2/3 of the members; or\n\n(b) the appointment has been approved by—\nLegislative Assembly are members of the party.\n(2) An acting appointment must be made in consultation with the relevant\nAssembly committee.\n(3) An acting appointment must not be for a term longer than 2 years.\n(4) A person who has been acting commissioner for a cumulative period\nof 7 years is not eligible for reappointment.\n(5) To remove any doubt, multiple acting commissioners may be\nappointed concurrently.\nExample—concurrent appointments\nIf the commissioner has a conflict of interest in relation to an investigation, the\nSpeaker may appoint an acting commissioner to perform functions of the\ncommissioner in relation to the investigation while the commissioner continues to\nperform their other functions.\n(6) To remove any doubt—\n(a) subsections (1) to (4) displace the Legislation Act,\nsection 209 (2) and (3) (Power of appointment includes power\nto make acting appointment); and\n(b) subsections (3) and (4) displace the Legislation Act,\nsection 221 (1) and (2) (How long does an acting appointment\noperate?); and\n(c) the remaining provisions of the Legislation Act, part 19.3\n(Appointments) apply in relation to an acting appointment.\n\n(7) The Speaker must give the inspector written notice—\n(a) of an acting appointment; and\n(b) if the acting appointment takes effect only in particular\ncircumstances—on each occasion when the acting appointment\ntakes effect.\n\nCommission—CEO Part 2.3\n","sortOrder":36},{"sectionNumber":"41","sectionType":"section","heading":"CEO—appointment","content":"41 CEO—appointment\n(1) The commissioner must appoint a person as the Chief Executive\nOfficer of the commission (the CEO).\n(2) However, the commissioner must not appoint a person as the CEO if\n(a) is or has been—\n(ii) the inspector of the commission; or\n(c) has been convicted—\nNote The commissioner may appoint a person as a member of staff of the\ncommission only if the person is suitable to be a member of staff of the\ncommission (see s 50).\n(3) The appointment must be made in accordance with an open,\naccountable and competitive selection process.\n\n(4) The CEO is appointed on the terms (if any) in relation to matters not\nprovided for by this part or a determination under the Remuneration\nTribunal Act 1995 that are prescribed by the management standards\nunder the Public Sector Management Act 1994.\nLegislation Act, pt 19.3. The power to appoint a person to a position\nincludes power to appoint a person to act in the position, and is\npower to make the appointment (see Legislation Act, s 209).\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 The appointer’s power to make the appointment includes the power to\nsuspend the appointee. The power to suspend the appointee is exercisable\nin the same way, and subject to the same conditions, as the power to make\nthe appointment (see Legislation Act, s 208).\n","sortOrder":37},{"sectionNumber":"42","sectionType":"section","heading":"CEO—term of appointment","content":"42 CEO—term of appointment\n(1) The CEO must not be appointed for longer than 7 years.\n(2) However, the appointment term must not end within 12 months\nbefore or after the end of the commissioner’s appointment.\n(3) A person who has been CEO for 7 years is not eligible for\nreappointment.\n","sortOrder":38},{"sectionNumber":"43","sectionType":"section","heading":"CEO—ending appointment","content":"43 CEO—ending appointment\nThe commissioner must end the CEO’s appointment—\n(b) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the CEO’s functions; or\n(c) if the CEO becomes bankrupt or personally insolvent; or\n\nCommission—CEO Part 2.3\n(d) if the CEO is convicted, in the ACT, of an offence punishable\nby imprisonment for at least 1 year; or\n(e) if the CEO is convicted outside the ACT, in Australia or\nelsewhere, of an offence that, if it had been committed in the\nACT, would be punishable by imprisonment for at least 1 year.\n","sortOrder":39},{"sectionNumber":"44","sectionType":"section","heading":"CEO—functions","content":"44 CEO—functions\n(1) The CEO has the following functions:\n(a) managing the day-to-day operations of the commission;\n(b) advising the commission about the commission’s operations and\nfinancial performance.\n(2) The CEO is not subject to direction from anyone other than the\ncommissioner in relation to the exercise of the CEO’s functions.\n","sortOrder":40},{"sectionNumber":"45","sectionType":"section","heading":"CEO—delegation","content":"45 CEO—delegation\n(1) The CEO may delegate the CEO’s functions under this Act or another\nterritory law to—\n(a) another member of staff of the commission; or\n(2) However, the CEO must not delegate a function to a person who is\nnot a member of staff of the commission without first being satisfied\nthat the function needs to be exercised by a person who is not a\nmember of staff of the commission.\n","sortOrder":41},{"sectionNumber":"46","sectionType":"section","heading":"CEO—leave of absence","content":"46 CEO—leave of absence\nThe commissioner may approve leave of absence for the CEO on the\nterms the commissioner decides.\n\n","sortOrder":42},{"sectionNumber":"47","sectionType":"section","heading":"Meaning of staff of the commission","content":"47 Meaning of staff of the commission\nstaff of the commission means—\n(a) the CEO; and\n(b) staff employed under section 48; and\n(c) consultants and contractors engaged under section 49.\n","sortOrder":43},{"sectionNumber":"48","sectionType":"section","heading":"Commission employed staff","content":"48 Commission employed staff\n(1) The commission may employ staff on behalf of the Territory.\n(2) The staff must be employed under the Public Sector Management\nNote The Public Sector Management Act 1994, div 8.2 applies to the\ncommissioner in relation to the employment of staff (see Public Sector\nManagement Act 1994, s 152).\n","sortOrder":44},{"sectionNumber":"49","sectionType":"section","heading":"Commission consultants and contractors","content":"49 Commission consultants and contractors\n(1) The commission may, on behalf of the Territory, engage consultants\nand contractors to assist the commission in exercising its functions.\n(2) Consultants and contractors may be engaged on terms and conditions\ndecided by the commission.\n(3) However, the commission must not enter into a contract of\nemployment under this section.\n","sortOrder":45},{"sectionNumber":"50","sectionType":"section","heading":"Staff of the commission—eligibility for appointment","content":"50 Staff of the commission—eligibility for appointment\n(1) The commissioner may appoint a person as a member of staff of the\ncommission only if satisfied the person is suitable to be a member of\nstaff of the commission.\nNote Staff of the commission—see s 47.\n\nCommission—staff Part 2.4\n(2) However, the commissioner must not appoint a person as a member\nof staff of the commission if the person is or has, in the 2 years\nimmediately before the day of the proposed appointment, been—\nNote Member of staff of an MLA—see s (4) and dictionary.\n(3) In deciding whether a person is suitable to be a member of staff of the\ncommission, the commission may ask the person to do 1 or more of\n(a) provide a police certificate for the person, dated not earlier than\n6 months before the date of the request;\n(b) declare financial or other personal interests the commission\nconsiders relevant;\nNote Personal interest guidelines—see s 50B (1).\n(c) undergo a medical or psychological assessment;\n(d) make a statement about a matter determined by the commission\nto be relevant to the person’s suitability;\n(e) anything else the commissioner considers is necessary to decide\nwhether a person is suitable to be a member of staff of the\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\nmember of staff of an MLA does not include a temporary member of\nstaff of an MLA.\nNote Member of staff of an MLA—see the dictionary.\n\ntemporary member of staff of an MLA means a public servant\nemployed by an MLA for not longer than 3 months in the 12 months\nimmediately before the day of the proposed appointment.\n","sortOrder":46},{"sectionNumber":"50A","sectionType":"section","heading":"Staff of the commission—conflicts of interest register","content":"50A Staff of the commission—conflicts of interest register\n(1) If a member of staff of the commission has a financial or other\npersonal interest that conflicts, may conflict, or may be perceived to\nconflict with the member’s functions, the member must disclose to\nthe commissioner, in writing, the nature of the interest and the conflict\nor potential conflict.\nNote The member of staff must disclose a conflict of interest as soon as possible\n(2) The commissioner must keep a register of disclosures made under\nsubsection (1) (the conflicts of interest register).\n(3) The commissioner must make the conflicts of interest register\navailable for inspection by the inspector at any time.\n","sortOrder":47},{"sectionNumber":"50B","sectionType":"section","heading":"Staff of the commission—personal interest guidelines","content":"50B Staff of the commission—personal interest guidelines\n(1) The commission must make guidelines (the personal interest\nguidelines) about the financial and other personal interests the\ncommission considers relevant for staff of the commission to declare\n(a) section 50 (3) (b); and\n(b) section 50A.\n(2) A guideline is a notifiable instrument.\n(3) The commission must publish the personal interest guidelines on the\ncommission’s website.\n\nCommission—staff Part 2.4\n","sortOrder":48},{"sectionNumber":"51","sectionType":"section","heading":"Staff of the commission—not subject to direction from","content":"51 Staff of the commission—not subject to direction from\nothers\nThe staff of the commission are not subject to direction from anyone\nother than the following people in relation to the exercise of the\ncommission’s or commissioner’s functions:\n(a) the commissioner;\n(b) another member of staff of the commission authorised by the\ncommissioner to give directions.\n","sortOrder":49},{"sectionNumber":"52","sectionType":"section","heading":"Delegation by commission","content":"52 Delegation by commission\n(1) The commission may delegate the commission’s functions under this\nAct or another territory law to—\n(c) another person.\n(2) However, the commission must not delegate a function to a person\nwho is not the commissioner or a member of staff of the commission\nwithout first being satisfied that the function needs to be exercised by\na person who is not the commissioner or a member of staff of the\n","sortOrder":50},{"sectionNumber":"53","sectionType":"section","heading":"Delegation by commissioner","content":"53 Delegation by commissioner\n(1) The commissioner may delegate the commissioner’s functions under\nthis Act or another territory law to—\n(a) a member of staff of the commission; or\n\n(2) However, the commissioner must not delegate the commissioner’s\nfunction under section 141 (Commissioner to preside) of presiding at\na public examination.\n(3) Also, the commissioner must not delegate a function to a person who\nis not a member of staff of the commission without first being\nsatisfied that the function needs to be exercised by a person who is\nnot a member of staff of the commission.\n","sortOrder":51},{"sectionNumber":"54","sectionType":"section","heading":"Commission—other arrangements for staff and facilities","content":"54 Commission—other arrangements for staff and facilities\n(1) The commissioner may arrange with the head of service to use—\n(a) the services of a public servant; or\n(b) Territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n(2) The commissioner may arrange with the Speaker to use Territory\nfacilities within the Assembly precincts.\n\nCommission—cooperation with other entities Part 2.5\nPart 2.5 Commission—cooperation with\nother entities\n","sortOrder":52},{"sectionNumber":"55","sectionType":"section","heading":"Commission—cooperation with other entities","content":"55 Commission—cooperation with other entities\n(1) The commission and public sector entities are to work cooperatively.\n(2) In exercising its functions, the commission must—\n(a) liaise with public sector entities, and coordinate its activities\nwith the activities of public sector entities, to avoid unnecessary\nduplication of work; and\n(b) have regard to the activities, findings and recommendations of\nentities outside the Territory, including outside Australia, that\nhave functions similar to the commission—\n(i) to relate and adapt the activities, findings and\nrecommendations of the entities to the needs of the\nTerritory; and\n(ii) to avoid unnecessary duplication of work.\nNote 1 The commission may enter into a memorandum of understanding or\nagreement with another entity (see s 56).\nNote 2 The commission may conduct an investigation as a joint investigation\nwith an integrity body or law enforcement agency (see s 104).\nNote 3 The commission may disclose information to certain entities if it is\n\nPart 2.5 Commission—cooperation with other entities\n","sortOrder":53},{"sectionNumber":"56","sectionType":"section","heading":"Commission—arrangements with other entities","content":"56 Commission—arrangements with other entities\n(1) The commission may, at any time, enter into a memorandum of\nunderstanding or agreement with another entity to assist in—\n(a) avoiding delay and unnecessary duplication of statutory\n(b) efficiently managing the interaction of the statutory functions of\nthe parties to the memorandum of understanding or agreement.\n(2) In particular, the commission may enter into a memorandum of\nunderstanding or agreement with another entity for—\n(a) the entity to assist the commission in relation to investigations\nor the exercise of other functions of the commission; or\n(b) the commission to assist the entity by providing services within\nthe commission’s field of expertise and relevant to its functions.\n(3) In entering into a memorandum of understanding or agreement to\nassist an entity, the commission must ensure that the provision of the\nassistance does not interfere with the ability of the commission to\nexercise its functions.\n(4) The commission may charge an entity for the provision of assistance\nNote The commission may disclose information to certain entities if it is\n\nCorruption complaints Division 3.1.1\nChapter 3 Commission—investigating\ncorrupt conduct\nPart 3.1 Commission—reporting corrupt\nconduct\n57 Anyone may make corruption complaint\nAny person (a complainant) may make a complaint to the\ncommission about conduct that may be corrupt conduct (a corruption\ncomplaint).\n","sortOrder":54},{"sectionNumber":"58","sectionType":"section","heading":"How to make a corruption complaint","content":"58 How to make a corruption complaint\n(1) A corruption complaint may be made to the commission as follows:\n(a) orally or in writing;\n(b) using any form of electronic communication;\n(c) anonymously.\n(2) However, if a corruption complaint is made orally, the commission\nmay—\n(a) put the complaint in writing; or\n(b) require the complainant to put the complaint in writing and, until\nthe complainant complies with the requirement, decline to\ninvestigate the corruption complaint.\nNote 1 A complaint made by a young detainee is protected under the Children\nand Young People Act 2008, s 201 and s 280.\nNote 2 A complaint made by a detainee is protected under the Corrections\nManagement Act 2007, s 105.\n\nNote 3 A complaint made by a person admitted to or receiving treatment, care or\nsupport at a mental health facility or community care facility is protected\nunder the Mental Health Act 2015, s 17.\nNote 4 A complaint made by a patient in a secure mental health facility is\nprotected under the Mental Health (Secure Facilities) Act 2016, s 23 and\ns 25.\nelectronic communication means communication by telephone,\nemail, fax or any other electronic means.\n","sortOrder":55},{"sectionNumber":"59","sectionType":"section","heading":"Other entities may refer corruption complaints","content":"59 Other entities may refer corruption complaints\n(1) This section applies if a person makes a complaint to a relevant entity\nabout conduct that may be corrupt conduct.\n(2) The relevant entity may—\n(a) refer the complaint to the commission; and\n(b) if the complaint is referred to the commission—\n(i) give the commissioner any information the entity has in\nrelation to the complaint; and\n(ii) tell the complainant about the referral.\nNote However, the complainant must not be told in some circumstances\n(see s 75).\n(3) If a complaint is referred to the commission under this section, the\ncomplaint is taken to have been made to the commission under\nsection 57 (Anyone may make corruption complaint).\nrelevant entity means any of the following:\n(a) the Speaker;\n(b) the auditor-general;\n(c) the ombudsman;\n\nCorruption complaints Division 3.1.1\n(d) the judicial council;\n(e) a judicial commission;\n(f) a statutory office-holder;\n(g) an entity having functions that correspond to the functions of the\ncommissioner, under a State or Commonwealth law that\ncorresponds to this Act.\n","sortOrder":56},{"sectionNumber":"59A","sectionType":"section","heading":"Certain disclosures under Public Interest Disclosure","content":"59A Certain disclosures under Public Interest Disclosure\nAct 2012 may be corruption complaints\n(a) a person discloses information about conduct under the Public\nInterest Disclosure Act 2012, part 3 (Disclosing disclosable\nconduct); and\n(b) the disclosure is assessed by the integrity commissioner under\nthat Act, section 17A (2) (When disclosure of disclosable\nconduct given to integrity commissioner is a public interest\ndisclosure); and\n(c) the disclosure is not taken to be a public interest disclosure under\nthat Act, s 17A (3), because the commissioner is not satisfied\nthat the disclosure is about disclosable conduct; and\n\n(d) the integrity commissioner suspects on reasonable grounds that\nthe conduct in the disclosure may constitute corrupt conduct.\n(2) The disclosure is taken to be a corruption complaint made by the\nperson to the commission under section 57 (Anyone may make\ncorruption complaint).\n","sortOrder":57},{"sectionNumber":"60","sectionType":"section","heading":"Withdrawal of corruption complaints","content":"60 Withdrawal of corruption complaints\n(1) A complainant may withdraw a corruption complaint at any time.\n(2) If a corruption complaint is withdrawn, the commission may continue\nto investigate the subject matter of the complaint.\nNote The commission may conduct an investigation about a matter on its own\ninitiative (see s 101).\n","sortOrder":58},{"sectionNumber":"Div 3","sectionType":"division","heading":"1.2 Mandatory corruption notifications by","content":"Division 3.1.2 Mandatory corruption notifications by\npublic sector entities\n","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Meaning of mandatory corruption notification","content":"61 Meaning of mandatory corruption notification\nmandatory corruption notification means a notification required\nunder section 62 or section 63.\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Mandatory corruption notifications—heads of public","content":"62 Mandatory corruption notifications—heads of public\nsector entities and senior executives\n(1) The following people must notify the commission about any matter\nthe person suspects on reasonable grounds involves serious corrupt\nconduct or systemic corrupt conduct:\n(b) an SES member.\n\n(2) However, the following heads of public sector entities need only\nnotify the commission under subsection (1) if the matter involves the\nconduct of a public official for the public sector entity for which they\nare the head, and the conduct relates to the public official’s duties for\nthe public sector entity:\n(d) the clerk of the Legislative Assembly.\n(3) In addition, a person need not notify the commission about a matter\nif the person believes on reasonable grounds that—\n(a) someone else has notified the commission about the matter; and\n(b) the other person has the same reasons for their suspicion.\n","sortOrder":61},{"sectionNumber":"63","sectionType":"section","heading":"Mandatory corruption notifications—MLAs and","content":"63 Mandatory corruption notifications—MLAs and\nchiefs of staff\n(1) A member of the Legislative Assembly must notify the commission\nabout any matter the member suspects on reasonable grounds\ninvolves serious corrupt conduct or systemic corrupt conduct by—\n(a) another member of the Legislative Assembly; or\n(2) A chief of staff of a Minister or the Leader of the Opposition must\nnotify the commission about any matter the chief of staff suspects on\nreasonable grounds involves serious corrupt conduct or systemic\ncorrupt conduct by—\n(b) another member of staff of an MLA.\n\n(3) However, a person need not notify the commission about a matter if\nthe person believes on reasonable grounds that—\n(a) someone else has notified the commission about the matter; and\n(b) the other person has the same reasons for their suspicion.\n","sortOrder":62},{"sectionNumber":"64","sectionType":"section","heading":"Directions about mandatory corruption notifications","content":"64 Directions about mandatory corruption notifications\n(1) The commission may make directions about mandatory corruption\nnotifications (the mandatory corruption notification directions).\n(2) Before making a mandatory corruption notification direction, the\n(a) must consult each mandated reporter who is not an exempt\nmandated reporter; and\n(b) may consult anyone the commission considers appropriate.\n(3) The mandatory corruption notification directions may—\n(a) state the types of matters that must be notified; and\n(b) relate to the obligations of a stated person; and\n(c) provide for the form, content and method of notification; and\n(d) be of general or limited application; and\n(e) state any other matter the commission considers necessary.\n(4) The mandatory corruption notification directions are a notifiable\ninstrument.\n(5) The mandatory corruption notification directions must be published\non the commission’s website as soon as practicable after they are\nmade.\n(6) Each mandated reporter who is not an exempt mandated reporter must\ncomply with the mandatory corruption notification directions.\n\n(7) In this section:\nexempt mandated reporter means the following people:\n(d) a member of the human rights commission;\n(e) the head of a public sector entity prescribed by regulation.\nmandated reporter means the following people:\n(b) an SES member;\n(c) a member of the Legislative Assembly;\n(d) a chief of staff of a Minister or the Leader of the Opposition.\n","sortOrder":63},{"sectionNumber":"65","sectionType":"section","heading":"Offence—mandatory corruption notifications—heads of","content":"65 Offence—mandatory corruption notifications—heads of\npublic sector entities\n(a) is the head of a public sector entity; and\n(b) knows that a public official has engaged in conduct that\n(i) serious corrupt conduct; or\n(ii) systemic corrupt conduct; and\n\n(2) Subsection (1) applies to the following heads of public sector entities\nonly if the public official is a public official in the public sector entity\nfor which they are the head:\n(d) a member of the human rights commission;\n(e) the clerk of the Legislative Assembly.\n","sortOrder":64},{"sectionNumber":"66","sectionType":"section","heading":"Offence—mandatory corruption notifications—senior","content":"66 Offence—mandatory corruption notifications—senior\nexecutives\nA person commits an offence if the person—\n(a) is an SES member; and\n(b) knows that a public official has engaged in conduct that\n(i) serious corrupt conduct; or\n(ii) systemic corrupt conduct; and\n","sortOrder":65},{"sectionNumber":"67","sectionType":"section","heading":"Offence—mandatory corruption notifications—MLAs","content":"67 Offence—mandatory corruption notifications—MLAs\n(a) is a member of the Legislative Assembly; and\n\n(b) knows that—\n(i) another member of the Legislative Assembly has engaged\nin conduct that constitutes—\n(B) systemic corrupt conduct; or\n(ii) a member of staff of an MLA has engaged in conduct that\n(B) systemic corrupt conduct; and\n","sortOrder":66},{"sectionNumber":"68","sectionType":"section","heading":"Offence—mandatory corruption notifications—","content":"68 Offence—mandatory corruption notifications—\nchiefs of staff\nA person commits an offence if the person—\n(a) is the chief of staff of—\n(i) a Minister; or\n(b) knows that—\n(i) a member of the Legislative Assembly has engaged in\nconduct that constitutes—\n(B) systemic corrupt conduct; or\n\n(ii) another member of staff of an MLA has engaged in\nconduct that constitutes—\n(B) systemic corrupt conduct; and\nDivision 3.1.3 Reports must be dismissed, referred\nor investigated\n","sortOrder":67},{"sectionNumber":"69","sectionType":"section","heading":"Meaning of corruption report","content":"69 Meaning of corruption report\ncorruption report means—\n(a) a corruption complaint; or\n(b) a mandatory corruption notification.\n","sortOrder":68},{"sectionNumber":"70","sectionType":"section","heading":"Commission must dismiss, refer or investigate corruption","content":"70 Commission must dismiss, refer or investigate corruption\nIf the commission receives a corruption report, the commission\nmust—\n(a) dismiss the corruption report under section 71; or\n(b) refer the corruption report to another entity under—\n(i) section 107 (Commission may refer corruption reports to\nreferral entity); or\n(ii) section 111 (Commission may refer matters to\nprosecutorial body); or\n\nReports must be dismissed, referred or investigated Division 3.1.3\n(c) investigate the corruption report under section 100\n(Commission may investigate corruption report).\nNote 1 The commission may carry out a preliminary inquiry to decide whether\nto dismiss, refer or investigate a corruption report (see s 86).\nNote 2 The commission must tell certain people about this decision (see\ndiv 3.1.4).\n","sortOrder":69},{"sectionNumber":"71","sectionType":"section","heading":"When corruption reports must be dismissed","content":"71 When corruption reports must be dismissed\n(1) The commission must dismiss a corruption report about the conduct\nof a judicial officer if the corruption report directly relates to—\n(a) the merits of a decision made by the judicial officer; or\n(b) an order made by the judicial officer; or\n(c) a judgment given by the judicial officer.\n(2) The commission must dismiss a corruption report if satisfied on\nreasonable grounds that the corruption report does not justify\n(3) For subsection (2), reasonable grounds may include 1 or more of the\n(a) the subject matter of the corruption report is trivial;\n(b) the subject matter of the corruption report is unrelated to the\nfunctions of the commission;\nNote If another entity has power to investigate the report, the\ncommission may give the report to the other entity (see s (4)).\n(c) the corruption report is frivolous or vexatious or not made in\ngood faith;\n(d) the corruption report lacks substance or credibility;\n(e) the corruption report was not made genuinely or was made\nprimarily for a mischievous purpose;\n\n(f) the corruption report does not contain sufficient information to\nenable referral or investigation;\n(g) if the corruption report is a corruption complaint and the\nfollowing applies:\n(i) the commission has asked the complainant for assistance\nto investigate the corruption complaint;\n(ii) the complainant has failed, without reasonable excuse, to\ngive the assistance;\n(iii) the commission is reasonably satisfied that the lack of\nassistance makes it impracticable for the corruption report\nto be referred or investigated;\n(h) if the corruption report is a corruption complaint and the\ncomplainant has not disclosed the complainant’s name and\ncontact details—the commission is reasonably satisfied that the\nlack of information makes it impracticable for the corruption\nreport to be referred or investigated;\n(i) the subject matter of the corruption report has already been\nappropriately investigated or otherwise dealt with under this Act\nor another law in force in the Territory;\n(j) the corruption report relates to conduct that happened too long\nago to justify investigation;\nNote If a person delays making a corruption complaint by more than\n1 year, an explanation may be required (see s (5)).\n(k) having regard to all the circumstances, further dealing with the\ncorruption report is not justified.\nNote 1 An investigation must be discontinued for the same reasons (see s 112).\nNote 2 Giving false or misleading information is an offence against the Criminal\nCode, s 338.\n\n(4) If the commission dismisses a corruption report under subsection (1)\nor (2) and another entity has power to investigate the subject matter\nof the corruption report, the commission may give the corruption\nreport to the other entity.\n1 a corruption report about a member of the Australian Federal Police may be\ngiven to the National Anti-Corruption Commission (NACC)\n2 a corruption report about a NSW public servant may be given to the NSW\nIndependent Commission Against Corruption (ICAC)\nNote 1 If both the commission and another entity have power to investigate a\ncorruption report, the commission may conduct a joint investigation with\nthe other entity under s 104, or refer the corruption report to the other\nentity under s 107.\nNote 2 The commission may disclose information to certain entities if it is\n(5) If a complainant delays making a corruption complaint by more than\n1 year after becoming aware of the conduct in the complaint, the\ncommission may—\n(a) require the complainant to give an explanation for the delay; and\n(b) if not satisfied with the explanation—dismiss the corruption\ncomplaint.\nDivision 3.1.4 Commission must keep people\ninformed\n","sortOrder":70},{"sectionNumber":"72","sectionType":"section","heading":"Commission must keep complainant informed","content":"72 Commission must keep complainant informed\n(1) If the commission receives a corruption complaint, the commission\nmust tell the complainant about—\n(a) if the complaint is dismissed under section 71—the decision to\n\n(b) if the complaint is referred to another entity under section 107\n(c) if the complaint is investigated under section 100—the progress\nof the investigation at least once every 3 months; and\n(d) if an investigation of the complaint is discontinued under\ninvestigation and a copy of the investigation report presented to\nthe Legislative Assembly under section 189 (Investigation\nreport—presentation to Legislative Assembly).\nNote 2 The commission may also be required to give the person a non-disclosure\nnotice about the information (see s 198).\n\n(2) This section does not apply if—\n(a) the corruption complaint was made anonymously; or\n(b) the complainant has asked, in writing, not to be kept informed\nabout the corruption complaint.\n","sortOrder":71},{"sectionNumber":"73","sectionType":"section","heading":"Commission must keep referring entity informed","content":"73 Commission must keep referring entity informed\nIf an entity refers a corruption complaint to the commission under\nsection 59, the commission must tell the referring entity about—\n(a) if the complaint is dismissed under section 71—the decision to\n(b) if the complaint is referred to another entity under section 107\n(c) if an investigation of the complaint is discontinued under\n\n(d) if the complaint is investigated and the investigation is\ncompleted—the outcome of the investigation and a copy of the\ninvestigation report presented to the Legislative Assembly under\nsection 189 (Investigation report—presentation to Legislative\nAssembly).\nNote 2 The commission must also give the person a non-disclosure notice about\nthe information (see s 198).\n","sortOrder":72},{"sectionNumber":"74","sectionType":"section","heading":"Commission must keep notifier informed","content":"74 Commission must keep notifier informed\nIf the commission receives a mandatory corruption notification from\nthe head of a public sector entity, the commission must tell the head\nof the entity about—\n(a) if the notification is dismissed under section 71—the decision to\n(b) if the notification is referred to another entity under section 107\n\n(c) if the notification is investigated under section 100—the\nprogress of the investigation at least once every 3 months; and\n(d) if an investigation of the notification is discontinued under\ninvestigation and a copy of the investigation report presented to\nthe Legislative Assembly under section 189 (Investigation\nreport—presentation to Legislative Assembly).\nNote 2 The commission may also be required to give the person a non-disclosure\nnotice about the information (see s 198).\n","sortOrder":73},{"sectionNumber":"75","sectionType":"section","heading":"Limitations on keeping people informed","content":"75 Limitations on keeping people informed\nIf the commission is required to tell a person about a matter under\nsection 72, section 73 or section 74, the commission must not tell the\nperson about the matter if—\n(a) telling the person would be likely to adversely affect—\n(i) a person’s safety; or\n(ii) an investigation under this Act; or\n\n(b) telling the person—\n(i) would identify another person who has given information\nin relation to a corruption report; or\n(ii) could allow the identity of the other person to be worked\nout; or\n(c) telling the person would be contrary to a law in force in the\n\n","sortOrder":74},{"sectionNumber":"Part 3","sectionType":"part","heading":"2 Commission—confidentiality","content":"Part 3.2 Commission—confidentiality\nnotices\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Meaning of restricted information","content":"76 Meaning of restricted information\nrestricted information means any of the following information:\n(a) evidence or information given to, or obtained by, the\ncommission;\n(b) the contents of a document, or a description of a thing, produced\nto, or obtained by, the commission;\n(c) the contents of a document, or a description of a thing, that the\ncommission has made a copy of or seized under part 3.5\n(Commission—powers of entry, search and seizure);\n(d) the existence of, or any information about, a confidentiality\nnotice, preliminary inquiry notice or examination summons;\n(e) the subject matter of a preliminary inquiry or investigation;\n(f) information that would identify a person, or could allow the\nidentity of a person to be worked out, who—\n(i) has been or is proposed to be examined by the commission;\nor\n(ii) has produced or may produce a document or other thing to\nthe commission;\n(g) the fact that a person—\n(i) has been or is proposed to be examined by the commission;\nor\n(ii) has produced or may produce a document or other thing to\nthe commission.\n\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Meaning of confidentiality notice","content":"77 Meaning of confidentiality notice\nconfidentiality notice means a notice given by the commission to a\nperson under section 78 or section 79.\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Confidentiality notices for preliminary inquiries","content":"78 Confidentiality notices for preliminary inquiries\n(1) This section applies if, during a preliminary inquiry, the\n(a) gives a preliminary inquiry notice to a person; and\n(b) considers on reasonable grounds that the disclosure of restricted\ninformation would be likely to prejudice—\n(i) the preliminary inquiry; or\n(ii) the safety or reputation of a person; or\n(iii) the fair trial of a person who has been, or may be, charged\nwith an offence.\n(2) The commission may give a confidentiality notice to a person\ndirecting the person to not disclose the restricted information.\nThe commission may give a confidentiality notice to a person nominated to deliver\na document or other thing to the commission under s 90B.\nNote The commission must report monthly to the inspector about\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Confidentiality notices for investigations","content":"79 Confidentiality notices for investigations\n(1) This section applies if, during an investigation, the commission\nconsiders on reasonable grounds that the disclosure of restricted\ninformation would be likely to prejudice—\n\n(2) The commission may give a confidentiality notice to a person\ndirecting the person to not disclose the restricted information.\nThe commission may give a confidentiality notice to a person nominated to deliver\na document or other thing to the commission under s 147B.\nNote The commission must report monthly to the inspector about\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Confidentiality notices—content","content":"80 Confidentiality notices—content\n(1) A confidentiality notice given to a person must—\n(a) state the restricted information to which it applies; and\n(b) include a statement setting out the following:\n(i) that disclosure of the restricted information may be an\noffence and penalties may apply;\nNote See s 85.\n(ii) that certain kinds of disclosures may be permitted\nNote Permitted disclosure—see s 81.\n(iii) an explanation of the permitted disclosures and any\nprohibited disclosures;\nNote Prohibited disclosure—see s (2).\n(iv) an explanation of the effect of—\n(A) section 82 (Confidentiality notices—amendment and\nrevocation); and\n(B) section 83 (Confidentiality notices—extension); and\n(C) section 84 (Confidentiality notices—expiry).\n\n(2) In preparing a confidentiality notice, the commission may decide that\na certain kind of permitted disclosure of the restricted information\nmust be prohibited (a prohibited disclosure) because the disclosure\nwould be likely to prejudice—\n(3) Subsection (2) does not apply to the following permitted disclosures:\n(a) a disclosure reasonably necessary for a claim of parliamentary\nprivilege, mentioned in section 81, definition of permitted\ndisclosure of restricted information, paragraph (g);\n(b) a disclosure authorised or required under section 90A or\nsection 147A.\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Meaning of permitted disclosure of restricted","content":"81 Meaning of permitted disclosure of restricted\ninformation—pt 3.2\npermitted disclosure of restricted information, by a person, means a\ndisclosure of restricted information that is—\n(a) necessary for the person to comply with—\n(i) a confidentiality notice; or\n(ii) a preliminary inquiry notice; or\n(iii) an examination summons; or\n(b) made by the person—\nconfidentiality notice; or\n\nthe confidentiality notice without assistance; or\n(c) made by the person to obtain legal advice or representation in\nprivileges under this Act, including in relation to—\n(i) a confidentiality notice; or\n(ii) a preliminary inquiry notice; or\n(iii) an examination summons; or\n(d) made by a lawyer who has received a disclosure under\nparagraph (c), to comply with a legal duty of disclosure or a\n(e) made by the person to their insurer, if the person has made a\nclaim about a matter related to the restricted information under\neither of the following Acts:\n\n(f) if the person has received a preliminary inquiry notice or an\nexamination summons and is required to attend the commission\nat a stated time—disclosure of the requirement to attend, to—\n(i) the person’s domestic partner; or\n(ii) the person’s employer or manager, to enable the person to\ntake leave from employment to comply with the\npreliminary inquiry notice or examination summons; or\n(g) reasonably necessary for a claim of parliamentary privilege to\nbe made or dealt with by the Legislative Assembly; or\n(h) already published by the commission in a report or otherwise\nmade public under this Act; or\n(i) made by the person in making a complaint about the commission\nor commission personnel to the inspector under section 257\n(Inspector—making a complaint to the inspector); or\n(j) otherwise authorised or required under this Act.\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Confidentiality notices—amendment and revocation","content":"82 Confidentiality notices—amendment and revocation\n(1) If the commission decides on reasonable grounds to amend a\nconfidentiality notice given to a person, the commission must give\n(a) a notice revoking the confidentiality notice; and\n(b) a new confidentiality notice under section 78 (Confidentiality\nnotices for preliminary inquiries) or section 79 (Confidentiality\nnotices for investigations).\n(2) If the commission decides on reasonable grounds to revoke a\nconfidentiality notice given to a person, the commission must give\nthe person a notice revoking the confidentiality notice.\nNote The commission must report monthly to the inspector about revoking\n\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Confidentiality notices—extension","content":"83 Confidentiality notices—extension\n(1) If the commission considers on reasonable grounds that it is necessary\nto extend the operation of the confidentiality notice, the commission\nmay apply to the Supreme Court for an extension of the\nconfidentiality notice.\n(2) The Supreme Court may, on application by the commission, make an\norder extending the operation of the confidentiality notice if satisfied\nthat it is necessary to avoid prejudice to—\n(a) the investigation being conducted by the commission; or\nan offence; or\n(d) any proceeding that is proposed to be commenced or which has\nnot been finally determined.\nof confidentiality notices (see s 205).\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Confidentiality notices—expiry","content":"84 Confidentiality notices—expiry\nA confidentiality notice expires on the earliest of the following:\n(a) the day the commission issues a notice under section 82\nrevoking the confidentiality notice;\n(b) the day an extension granted under section 83 expires;\n(c) 3 years after the day the confidentiality notice was issued.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Offences—disclose restricted information in","content":"85 Offences—disclose restricted information in\nconfidentiality notice\n(a) the person is given a confidentiality notice about restricted\ninformation; and\n\n(b) the confidentiality notice has not expired; and\n(c) the person discloses the restricted information.\nNote Permitted disclosure—see s 81.\ndisclosure in the confidentiality notice; and\ndisclosure of the restricted information by the recipient;\nand\n(ii) gives the recipient a copy of the confidentiality notice.\n(a) a permitted disclosure of restricted information is made to the\n(b) the person receives a copy of a confidentiality notice about the\nrestricted information with the permitted disclosure; and\n(c) the confidentiality notice has not expired; and\n(d) the person discloses the restricted information.\n\nPart 3.3 Commission—preliminary\ninquiries\n","sortOrder":85},{"sectionNumber":"85A","sectionType":"section","heading":"Meaning of Assembly information","content":"85A Meaning of Assembly information\nIn this Act, Assembly information—\n(a) means information—\n(i) created for and received by, or created by—\n(A) a committee of the Legislative Assembly; or\n(B) the Office of the Legislative Assembly; or\n(C) a current or former member of the Legislative\nAssembly in the course of their parliamentary duties;\nor\n(ii) otherwise created for and received by, or created by, the\n(b) includes metadata about a record containing information\nmentioned in paragraph (a).\nExamples—metadata about a record\n• author\n• content\n• creation date\n• location\n","sortOrder":86},{"sectionNumber":"86","sectionType":"section","heading":"Preliminary inquiries about corruption reports","content":"86 Preliminary inquiries about corruption reports\nThe commission may carry out a preliminary inquiry to decide\nwhether to dismiss, refer or investigate a corruption report.\n","sortOrder":87},{"sectionNumber":"87","sectionType":"section","heading":"Preliminary inquiries about own initiative matters","content":"87 Preliminary inquiries about own initiative matters\nThe commission may carry out a preliminary inquiry to decide\nwhether to investigate a matter on its own initiative.\n\n","sortOrder":88},{"sectionNumber":"88","sectionType":"section","heading":"Certain powers not to be used for preliminary inquiries","content":"88 Certain powers not to be used for preliminary inquiries\nThe commission must not, in carrying out a preliminary inquiry—\n(a) use the powers in part 3.5 (Commission—powers of entry,\nsearch and seizure); or\n(b) use the powers in part 3.6 (Commission—examinations); or\n(c) authorise or use an assumed identity under the Crimes (Assumed\nIdentities) Act 2009; or\n(d) authorise or conduct a controlled operation under the Crimes\n(Controlled Operations) Act 2008; or\n(e) apply for a surveillance device warrant under the Crimes\n(Surveillance Devices) Act 2010.\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Power to request information from head of public sector","content":"89 Power to request information from head of public sector\nentity\n(1) In carrying out a preliminary inquiry, the commission may ask—\n(a) the head of a public sector entity to give information (other than\nAssembly information) held by the entity to the commission; or\n(b) the Speaker to give Assembly information held by a public\nsector entity to the commission.\n(2) The commission may only ask for information that the commission\nconsiders relevant to the preliminary inquiry.\n(3) If the Speaker has been asked to give Assembly information relating\nto a current or former member of the Legislative Assembly, the\nSpeaker must, as far as practicable, give a copy of the request to the\nmember.\n\n(4) The head of the public sector entity must comply with the request\nwithin a reasonable time, being not more than 7 days after receiving\nthe request.\nNote The head of a public sector entity other than the Speaker must not give\nAssembly information to the commission unless authorised by the\nSpeaker (see s 89A).\n(5) However, the head of the public sector entity need not comply with\nthe request if the head advises the commission of a reasonable excuse\nfor not doing so.\n(6) The head of the public sector entity who complies with the request,\nand any person who assists the head in complying with this section,\nhas the same protection and immunity as a witness has in a proceeding\nin the Supreme Court.\n","sortOrder":90},{"sectionNumber":"89A","sectionType":"section","heading":"Dealing with request for Assembly information","content":"89A Dealing with request for Assembly information\n(1) This section applies if the head of a public sector entity (other than\nthe Speaker)—\n(a) has been asked by the commission to give information under\nsection 89; and\n(b) considers that all or part of the information requested is\nAssembly information.\n(2) The head of the public sector entity must—\n(a) not give the commission the information; and\n(b) give the Speaker a copy of the request; and\n\n(d) deal with the request in accordance with section 89, to the extent\nthat it does not relate to Assembly information; and\n(e) if the Speaker authorises the head to give the Assembly\ninformation to the commission—give the information to the\n(3) On being given a copy of the request, the Speaker must deal with the\nrequest, to the extent that it relates to Assembly information, in\naccordance with section 89.\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Power to issue preliminary inquiry notice","content":"90 Power to issue preliminary inquiry notice\n(1) In carrying out a preliminary inquiry, the commission may issue a\nnotice (a preliminary inquiry notice) to a person, requiring the person\nto attend the commission at a stated time and place to produce a\ndocument or other thing to the commission.\nNote 1 A preliminary inquiry notice cannot require a person to appear before the\ncommission to give oral evidence.\nNote 2 A person (other than a current or former member of the Legislative\nAssembly) must not produce a document or thing containing Assembly\ninformation to the commission unless authorised by the Speaker (see\ns 90A).\n(2) However, the commission may issue a preliminary inquiry notice\nonly if the commission—\n(a) suspects on reasonable grounds that the document or other thing\nmay be necessary to decide whether to dismiss, refer or\ninvestigate a corruption report, or investigate a matter on its own\ninitiative; and\n(b) is satisfied that it is reasonable to do so.\n\n(3) In deciding whether it is reasonable to issue the preliminary inquiry\nnotice, the commission must have regard to—\n(a) whether it is reasonably practicable to obtain the information in\nthe document or other thing in another way; and\n(b) the evidentiary or intelligence value of the information,\ndocument or other thing sought to be obtained from the person;\nand\n(c) the age of the person and whether the person is suffering from a\nmental impairment; and\n(d) the impact the preliminary inquiry notice may have on the\nperson, in particular, due to disability, health or cultural or\nlinguistic background.\n(4) The commission must not issue a preliminary inquiry notice to a\nperson under 18 years old unless the commission considers on\n(a) the information, document or other thing that the person could\nprovide may be compelling and probative evidence; and\n(b) it is not practicable to obtain the information, document or other\nthing in another way.\n(5) A person who complies with a preliminary inquiry notice has the\nsame protection and immunity as a witness has in a proceeding in the\nSupreme Court.\nNote 1 For how documents may be given, see the Legislation Act, pt 19.5.\nNote 2 Documents may be produced electronically in certain circumstances (see\nElectronic Transactions Act 2001).\nNote 3 Giving false or misleading information is an offence against the\nNote 4 The commission must report monthly to the inspector about preliminary\ninquiry notices (see s 205).\n\n","sortOrder":92},{"sectionNumber":"90A","sectionType":"section","heading":"Dealing with preliminary inquiry notice for Assembly","content":"90A Dealing with preliminary inquiry notice for Assembly\n(1) This section applies if a person (other than a current or former\nmember of the Legislative Assembly)—\n(a) has been issued a preliminary inquiry notice; and\n(b) considers that the notice requires the production of a document\nor other thing containing Assembly information.\n(2) The person must—\n(a) not produce the document or thing to the commission; and\n(b) give the Speaker a copy of the preliminary inquiry notice; and\n(d) comply with the preliminary inquiry notice, to the extent that it\ndoes not relate to Assembly information; and\n(e) if the Speaker authorises the person to produce the document or\nthing to the commission—produce the document or thing to the\n","sortOrder":93},{"sectionNumber":"90B","sectionType":"section","heading":"Preliminary inquiry notice—delivery of document or thing","content":"90B Preliminary inquiry notice—delivery of document or thing\nThe commission may excuse a person issued with a preliminary\ninquiry notice from attendance at the commission if the required\ndocument or other thing is delivered to the commission before the\ntime for production stated in the preliminary inquiry notice, by—\n(a) the person; or\n\n(b) if the commission agrees to a nominated person delivering the\ndocument or other thing to the commission—the nominated\nperson.\nNote The commission may give the person, and any nominated person,\na confidentiality notice (see s 78).\n","sortOrder":94},{"sectionNumber":"91","sectionType":"section","heading":"Preliminary inquiry notice—content","content":"91 Preliminary inquiry notice—content\n(1) A preliminary inquiry notice must require the person to whom it is\ndirected to attend at a stated time and place and produce to the\ncommission any document or other thing described in the preliminary\ninquiry notice that is in the person’s possession or control.\n(2) A preliminary inquiry notice must be accompanied by—\n(a) any relevant confidentiality notice; and\nNote Confidentiality notice—see s 77.\n(b) a statement setting out the following:\n(i) that failure to comply with the preliminary inquiry notice\nmay be contempt of the commission, or an offence, and\nNote See s 99 and s 166.\n(ii) that giving false or misleading information is a serious\noffence;\nNote See the Criminal Code, s 338.\n(iii) that if the person to whom the preliminary inquiry notice is\ndirected is under 16 years old and provides proof of age to\nthe commission, the person need not comply with the\npreliminary inquiry notice;\nNote See the requirements in s 92.\n\n(iv) that the person is entitled to seek legal advice in relation to\nthe preliminary inquiry notice;\nNote The commission may make a legal advice direction\ndirecting a person not to seek legal advice from a stated\n(v) that the person may be able to claim a privilege;\nNote See s 95 and pt 3.7.\n(vi) that the person must deal with the preliminary inquiry\nnotice in accordance with section 90A if—\n(A) the document or other thing required to be produced\ncontains Assembly information; and\n(B) the person is not a current or former member of the\n(vii) that the commission may excuse the person from\nattendance if the person, or a nominated person, produces\nthe required document or other thing to the commission\nbefore the time for production stated in the preliminary\ninquiry notice;\nNote See s 90B.\n(viii) that the person has a right to complain to the inspector;\nNote See s 257.\n(ix) any other matter prescribed by regulation.\n","sortOrder":95},{"sectionNumber":"92","sectionType":"section","heading":"Preliminary inquiry notice—person under 16 years","content":"92 Preliminary inquiry notice—person under 16 years\n(1) A preliminary inquiry notice directed to a person under 16 years old\nhas no effect.\n(2) A person who claims to be under 16 years old for subsection (1) must\nprovide proof of age to the commission in the form of—\n(a) an Australian birth certificate; or\n\n(b) an Australian passport or a passport issued by another country;\nor\n(c) anything else that satisfies the commission about the person’s\nage.\n","sortOrder":96},{"sectionNumber":"93","sectionType":"section","heading":"Preliminary inquiry notice—service","content":"93 Preliminary inquiry notice—service\n(1) A preliminary inquiry notice directed to a person must be served at\nleast 10 business days before the day the person is required to attend\nor otherwise comply with the preliminary inquiry notice.\n(2) If it is not reasonably practicable to serve a preliminary inquiry notice\non a person under subsection (1), the commission may apply to the\nSupreme Court for an order that the preliminary inquiry notice be\nserved in another way.\n(3) If the Supreme Court receives an application and is satisfied that it is\nnot reasonably practicable to serve a preliminary inquiry notice under\nsubsection (1), the court may—\n(a) order that the preliminary inquiry notice be served in another\nway that the court considers appropriate; or\n(b) make an order for substituted service.\n","sortOrder":97},{"sectionNumber":"94","sectionType":"section","heading":"Preliminary inquiry notice—first actions to be taken","content":"94 Preliminary inquiry notice—first actions to be taken\nBefore a person who is required to attend a preliminary inquiry under\na preliminary inquiry notice is required to produce a document or\nother thing, the commission must—\n(a) if the commission considers the person may be under 18 years\nold—confirm the age of the person; and\n(b) release any person under 16 years old from compliance with the\npreliminary inquiry notice; and\n(c) tell the person orally and in writing about the person’s rights and\nobligations as stated in section 91 (2); and\n\n(d) if a lawyer is representing a person at the preliminary inquiry—\ntell the lawyer about any non-disclosure requirements that apply\nunder this Act; and\n(e) take any other action prescribed by regulation.\n","sortOrder":98},{"sectionNumber":"94A","sectionType":"section","heading":"Preliminary inquiry notice—extension","content":"94A Preliminary inquiry notice—extension\n(1) A person who receives a preliminary inquiry notice may apply to the\ncommission for an extension of time to attend the commission or\notherwise comply with the notice.\n(2) The commission must give the person a written notice (an extension\nnotice) stating—\n(a) if the commission agrees to the extension—the new time to\nattend or otherwise comply with the notice; or\n(b) if the person requests a particular extension but the commission\nagrees to a shorter extension—the new time to attend or\notherwise comply with the notice, including the reasons for the\nshorter extension; or\n(c) if the commission refuses the extension—that the application is\nrefused, including the reasons for the refusal.\n(see s 205).\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Preliminary inquiry notice—claiming privilege or secrecy","content":"95 Preliminary inquiry notice—claiming privilege or secrecy\n(a) a preliminary inquiry notice directed to a person requires a\ndocument or other thing to be produced to the commission; and\n(b) the person claims that the document or other thing—\n(i) is the subject of privilege; or\nNote Privilege—see s 174 and s (5).\n\n(ii) cannot be disclosed because of a secrecy requirement\nunder a law in force in the Territory.\na confidentiality requirement under the Health Records (Privacy and\nAccess) Act 1997, s 17\n(2) The claimant must attend before the commission in accordance with\nthe preliminary inquiry notice.\n(3) The commission must consider the claim and either—\n(a) withdraw the requirement to produce the document or other\nthing; or\n(b) refuse to withdraw the requirement and require the claimant to\nimmediately secure the document or other thing (by sealing in\nan envelope or otherwise) and give it to the commission.\n(4) In considering the claim, the commission must not inspect the\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Preliminary inquiry notice—application to Supreme Court","content":"96 Preliminary inquiry notice—application to Supreme Court\nto decide privilege or secrecy\n(1) If the commission requires the claimant to secure the document or\nother thing and give it to the commission under section 95 (3) (b), the\n(a) immediately give the secured document or other thing to the\nproper officer of the Supreme Court to be held in safe custody;\nand\n(b) within 7 days, apply to the Supreme Court for determination of\n\n(c) within a reasonable time before the hearing of the application,\n(2) If the commission does not make an application within the 7 days, the\nproper officer must return the secured document or other thing to the\nclaimant.\n(3) The claimant is entitled to appear and be heard on the hearing of the\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Preliminary inquiry notice—Supreme Court to decide","content":"97 Preliminary inquiry notice—Supreme Court to decide\nprivilege or secrecy\n(1) If the Supreme Court receives an application under section 96, the\ncourt must determine whether the document or other thing is the\nsubject of—\n(a) privilege; or\n(b) a secrecy requirement under a law in force in the Territory.\n(2) To make the determination, the judge constituting the court and any\n(3) If the court determines that the document or other thing—\n(a) is the subject of privilege or a secrecy requirement—the court\nmust order that the document or other thing be returned to the\nclaimant; or\n(b) is not the subject of privilege or a secrecy requirement—the\ncourt must order that the document or other thing be given to the\n\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Preliminary inquiry notice—offence to open secured","content":"98 Preliminary inquiry notice—offence to open secured\ndocument or other thing\n(a) the claimant secures a document or other thing under\nsection 95 (3) (b); and\nclaimant under section 96 (2); and\nother thing is the subject of privilege or a secrecy requirement\nunder section 97.\nand\nthe secured document or other thing under section 97 (2).\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"Preliminary inquiries—application of Criminal Code, ch 7","content":"99 Preliminary inquiries—application of Criminal Code, ch 7\nA preliminary inquiry before the commission is a legal proceeding\nfor the Criminal Code, chapter 7 (Administration of justice offences).\nNote The Criminal Code, ch 7 includes offences such as falsifying evidence,\ndestroying or concealing evidence and failing to produce a document or\nother thing.\n\nPart 3.4 Commission—conducting an\ninvestigation\n","sortOrder":104},{"sectionNumber":"100","sectionType":"section","heading":"Commission may investigate corruption report","content":"100 Commission may investigate corruption report\nThe commission may conduct an investigation if the commission—\n(a) receives a corruption report; and\n(b) suspects on reasonable grounds that the conduct in the\ncorruption report may constitute corrupt conduct.\nNote 1 The commission must dismiss, refer or investigate corruption reports\n(see s 70).\nNote 2 The commission may carry out a preliminary inquiry to decide whether\nto dismiss, refer or investigate a corruption report (see s 86).\n","sortOrder":105},{"sectionNumber":"101","sectionType":"section","heading":"Commission may investigate on own initiative","content":"101 Commission may investigate on own initiative\n(1) The commission may, on its own initiative, conduct an investigation\nabout a matter if the commission suspects on reasonable grounds that\nthe matter involves corrupt conduct.\n(2) The commission may carry out a preliminary inquiry to decide\nwhether to investigate the matter.\n","sortOrder":106},{"sectionNumber":"102","sectionType":"section","heading":"Investigation of judicial officers","content":"102 Investigation of judicial officers\n(1) In investigating a judicial officer, the commission—\n(a) must have proper regard for the preservation of the\nindependence of judicial officers; and\n(b) for a judicial officer other than the Chief Justice or Chief\nMagistrate—must notify, and may consult, the head of\njurisdiction unless doing so would prejudice an investigation.\n\nStarting an investigation Division 3.4.1\nassociate judge—see section 13 (2).\nhead of jurisdiction means—\n(a) for a judge, associate judge or registrar of the Supreme Court—\nthe Chief Justice; or\n(b) for a magistrate, an office that must be occupied by a magistrate\nor a registrar of the Magistrates Court—the Chief Magistrate.\n","sortOrder":107},{"sectionNumber":"103","sectionType":"section","heading":"Investigation may be conducted during court proceeding","content":"103 Investigation may be conducted during court proceeding\n(1) The commission may do any of the following despite any proceeding\n(whether civil or criminal) in any court or tribunal:\n(a) commence or continue an investigation;\n(b) discontinue or complete an investigation;\n(c) provide a report about an investigation;\n(d) do anything necessary or convenient to carry out an action under\nparagraphs (a) to (c).\n(2) The commission must take all reasonable steps to ensure the conduct\nof an investigation does not prejudice any proceeding (whether civil\nor criminal) in any court or tribunal.\n1 issuing a confidentiality notice for the duration of the proceeding\n2 deferring giving a report to the Speaker until completion of the proceeding\n(3) This section applies to a proceeding regardless of whether—\n(a) the proceeding commenced before or after the investigation\ncommenced; or\n(b) the commission or a member of staff of the commission is a\nparty to the proceeding.\n\n","sortOrder":108},{"sectionNumber":"104","sectionType":"section","heading":"Investigation may be conducted as joint investigation","content":"104 Investigation may be conducted as joint investigation\n(1) The commission may conduct an investigation as a joint investigation\nwith an integrity body or law enforcement agency (a joint\ninvestigation).\n(2) The commission may conduct a joint investigation in any way the\ncommission considers appropriate.\n(3) Without limiting subsection (2), in conducting a joint investigation\nthe commission may do 1 or more of the following:\n(a) consult, coordinate and cooperate with an integrity body or law\nenforcement agency that is conducting an investigation in\nrelation to the same, or a similar or related, subject matter;\n(b) receive information from an integrity body or law enforcement\nagency with which the commission is conducting a joint\ninvestigation;\n(c) enter into a memorandum of understanding or agreement with\nan integrity body or law enforcement agency about the conduct\nof joint investigations.\nNote The commission may disclose information to an integrity body or law\nenforcement agency if it is relevant to the exercise of the body’s or\nagency’s functions and the commission considers it appropriate\n(see s 196).\n","sortOrder":109},{"sectionNumber":"105","sectionType":"section","heading":"Commission must refer corruption reports about staff to","content":"105 Commission must refer corruption reports about staff to\nThe commission must refer a corruption report to the inspector if the\ncorruption report involves conduct of a person who is, or was at the\ntime of the conduct—\n\n(b) a member of staff of the commission.\nNote The commission may disclose information to the inspector if it is relevant\nto the exercise of the inspector’s functions and the commission considers\nit appropriate (see s 196).\n","sortOrder":110},{"sectionNumber":"106","sectionType":"section","heading":"Meaning of referral entity","content":"106 Meaning of referral entity\nreferral entity means any of the following:\n(a) the Speaker;\n(b) the auditor-general;\n(c) the ombudsman;\n(d) the chief police officer;\n(e) the head of service;\n(f) a director-general;\n(g) a statutory office-holder;\n(h) the Legislative Assembly commissioner for standards.\n\n","sortOrder":111},{"sectionNumber":"107","sectionType":"section","heading":"Commission may refer corruption reports to referral","content":"107 Commission may refer corruption reports to referral\nentity\n(1) The commission may, at any time, refer a corruption report to a\nreferral entity if—\n(a) the commission has power to investigate the corruption report;\nand\n(b) the referral entity has power to investigate the subject matter of\nthe corruption report; and\n(c) the commission considers it would be more appropriate for the\ncorruption report to be investigated by the referral entity.\nNote 1 If the commission does not have power to investigate the corruption\nreport, the commission may give the report to another entity that does\nhave power to investigate it (see s 71 (4)).\nNote 2 The commission may disclose information to a referral entity if it is\ncommission must consult the referral entity.\n(3) Nothing in this section requires the referral entity to deal with the\ncorruption report.\nNote 1 The commission may conduct an investigation as a joint investigation\nwith an integrity body or law enforcement agency (see s 104).\nNote 2 Referrals to prosecutorial bodies are made under s 111.\n","sortOrder":112},{"sectionNumber":"108","sectionType":"section","heading":"Referral to referral entity—results and actions","content":"108 Referral to referral entity—results and actions\n(1) This section applies if the commission refers a corruption report to\nany of the following referral entities:\n(a) the chief police officer;\n(b) the head of service;\n(c) a director-general;\n\n(d) a statutory office-holder other than—\n(i) an officer of the Assembly; or\n(ii) a member of the human rights commission.\n(2) The commission may ask the referral entity to give the commission a\nwritten report about—\n(a) the results of the investigation; and\n(b) any action taken, or proposed to be taken, in relation to the\ncorruption report.\n","sortOrder":113},{"sectionNumber":"109","sectionType":"section","heading":"Referral to referral entity—withdrawal of referral","content":"109 Referral to referral entity—withdrawal of referral\n(1) This section applies if the commission refers a corruption report to\nany of the following referral entities:\n(a) the head of service;\n(b) a director-general;\n(c) a statutory office-holder other than—\n(i) an officer of the Assembly; or\n(ii) a member of the human rights commission; or\n(iii) the public sector standards commissioner.\n(2) The commission may, at any time—\n(a) decide to investigate the corruption report; and\n(b) by written notice to the referral entity (a withdrawal notice),\nwithdraw the referral.\n(3) If a referral entity receives a withdrawal notice, the referral entity\nmust—\n(a) cease its investigation of the referred corruption report; and\n\n(b) give the commission any evidence the referral entity has in its\npossession or control that relates to the referred corruption\n(c) cooperate with the commission, and give all reasonable\nassistance requested by the commission, in relation to the\nreferred corruption report.\n","sortOrder":114},{"sectionNumber":"110","sectionType":"section","heading":"Commission may refer matters to judicial council or","content":"110 Commission may refer matters to judicial council or\njudicial commission\n(1) The commission may, at any time, refer a matter to the judicial\ncouncil or a judicial commission if—\n(a) the matter is relevant to the exercise of the judicial council’s or\na judicial commission’s functions; and\n(b) the commission considers it appropriate to refer the matter.\ncommission must consult the judicial council or judicial commission.\n(3) To remove any doubt, the commission may refer a matter under\nsubsection (1) regardless of whether the matter is being investigated\n(4) The commission may enter into a memorandum of understanding or\nagreement with the judicial council or a judicial commission about\npractices and procedures to be used for referrals.\nNote The commission may disclose information to the judicial council or a\njudicial commission if it is relevant to the exercise of the judicial\ncouncil’s or judicial commission’s functions and the commission\n\n","sortOrder":115},{"sectionNumber":"111","sectionType":"section","heading":"Commission may refer matters to prosecutorial body","content":"111 Commission may refer matters to prosecutorial body\n(1) The commission may, at any time, refer a matter to a prosecutorial\nbody if—\n(a) the matter is relevant to the exercise of the prosecutorial body’s\nfunctions; and\n(b) the commission considers it appropriate to refer the matter.\ncommission must consult the prosecutorial body.\n(3) To remove any doubt, the commission may refer a matter under\nsubsection (1) regardless of whether the matter is being investigated\n(4) The commission may enter into a memorandum of understanding or\nagreement with a prosecutorial body about practices and procedures\nto be used for referrals.\nNote The commission may disclose information to a prosecutorial body if it is\nrelevant to the exercise of the body’s functions and the commission\nconsiders it appropriate, but must not give a video recording or transcript\nof a person’s evidence at an examination to a prosecutorial body\n(see s 196).\n\n","sortOrder":116},{"sectionNumber":"112","sectionType":"section","heading":"Discontinuing an investigation","content":"112 Discontinuing an investigation\n(1) The commission must discontinue an investigation if satisfied on\nreasonable grounds of any of the matters mentioned in section 71\n(When corruption reports must be dismissed).\n(2) If the commission discontinues an investigation because it is satisfied\nunder section 71 (3) (b) that the subject matter of the corruption\nreport for the investigation is unrelated to the functions of the\ncommission, and another entity has power to investigate the subject\nmatter of the corruption report, the commission may give the\ncorruption report and any other information the commission has that\nrelates to the matter to the other entity.\n1 a corruption report about a member of the Australian Federal Police may be\ngiven to the National Anti-Corruption Commission (NACC)\n2 a corruption report about a NSW public servant may be given to the NSW\nIndependent Commission Against Corruption (ICAC)\nNote 1 If both the commission and another entity have power to investigate a\ncorruption report, the commission may conduct a joint investigation with\nthe other entity under s 104, or refer the corruption report to the other\nentity under s 107.\nNote 2 The commission may disclose information to certain entities if it is\n\nInvestigators Division 3.5.1\nPart 3.5 Commission—powers of entry,\nsearch and seizure\nDivision 3.5.1 Investigators\n113 Investigators—appointment\n(1) The commission may appoint a member of staff of the commission\nas an investigator.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) The commissioner is an investigator.\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Investigators—identity cards","content":"114 Investigators—identity cards\n(1) The commission must give each investigator an identity card that\nstates the person’s name and appointment as an investigator, and\nshows—\n(a) a recent photograph of the person; and\n(b) the date of issue and expiry of the card; and\n(c) anything else prescribed by regulation.\n(2) A person who stops being an investigator must return the person’s\nidentity card to the commission as soon as practicable (but within\n7 days) after the day the person stops being an investigator.\n\nInvestigators\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Investigator must show identity card on exercising power","content":"115 Investigator must show identity card on exercising power\n(1) If an investigator exercises a power under this Act that affects an\nindividual, the investigator must first show the investigator’s identity\ncard to the individual.\n(2) If an investigator exercises a power under this Act that affects a\nperson, other than an individual, the investigator must first show the\ninvestigator’s identity card to an individual the investigator believes\non reasonable grounds is an employee, officer or agent of the person.\nExamples—person other than an individual\n• corporation\n• partnership\n\nNote 1 A provision of a law that gives an entity (including a person) a function\nNote 2 In addition to the powers in this division, the commissioner has powers\nunder other legislation including the following:\n• Crimes (Assumed Identities) Act 2009\n• Crimes (Controlled Operations) Act 2008\n• Crimes (Surveillance Devices) Act 2010.\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Definitions—pt 3.5","content":"116 Definitions—pt 3.5\nconnected—a thing is connected with corrupt conduct if—\n(a) corrupt conduct has been engaged in, in relation to it; or\n(b) it will provide evidence of corrupt conduct; or\n(c) it was used, is being used, or is intended to be used, to engage in\ncorrupt conduct.\ncorrupt conduct includes corrupt conduct there are reasonable\ngrounds for believing has been, is being, or will be, engaged in.\noccupier, of premises, includes a person—\n(a) an investigator reasonably believes is an occupier of the\n(b) apparently in charge of the premises.\npremises includes land, a vehicle, a vessel and an aircraft.\nwarrant means a warrant issued under division 3.5.3 (Search\nwarrants).\n\n","sortOrder":120},{"sectionNumber":"117","sectionType":"section","heading":"Power to enter premises","content":"117 Power to enter premises\n(1) For this Act, an investigator may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) enter premises in accordance with a search warrant.\n(2) However, subsection (1) (a) does not authorise entry into a part of the\npremises that is being used only for residential purposes.\n(3) An investigator may, without the consent of the occupier of premises,\nenter land around the premises to ask for consent to enter the\npremises.\n(4) To remove any doubt, an investigator may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) An investigator may—\n(a) for subsection (1) (a) or (b)—enter the premises with necessary\nassistance; and\n(b) for subsection (1) (c)—enter the premises with necessary\nassistance and force.\nNote A search warrant to enter premises issued under this Act permits an\ninvestigator to enter premises with necessary assistance and force\n(see s 122).\nat any reasonable time includes at any time when the public is\nentitled to use the premises or when the premises are open to or used\nby the public (whether or not on payment of money).\n\nnecessary assistance, for an investigator entering premises, includes\nthe attendance of 1 or more people who, in the opinion of the\ninvestigator, have knowledge or skills that could assist the\ninvestigator carry out the investigator’s function.\n","sortOrder":121},{"sectionNumber":"118","sectionType":"section","heading":"Production of identity card","content":"118 Production of identity card\nAn investigator, and any other person other than a police officer who\nis accompanying the investigator, may not remain at premises entered\nunder this part if the investigator does not produce the investigator’s\nidentity card when asked by the occupier.\n","sortOrder":122},{"sectionNumber":"119","sectionType":"section","heading":"Consent to entry","content":"119 Consent to entry\n(1) When seeking the consent of an occupier to enter premises under\nsection 117 (1) (b), an investigator must—\n(a) produce the investigator’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the investigator; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused.\n(2) If the occupier consents, the investigator must ask the occupier to sign\na written acknowledgment (an acknowledgment of consent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the investigator; and\n\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the investigator\nmust immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the investigator under this part if—\n(a) the question whether the occupier consented to the entry arises\nin a proceeding in the court; and\n(b) an acknowledgment of consent for the entry is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":123},{"sectionNumber":"120","sectionType":"section","heading":"General powers on entry to premises","content":"120 General powers on entry to premises\n(1) An investigator who enters premises under this part may, for this Act,\ndo 1 or more of the following in relation to the premises or anything\nat the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) make sketches, drawings or any other kind of record (including\nphotographs, films, audio, video or other recordings);\n(e) require the occupier, or anyone at the premises, to give the\ninvestigator reasonable help to exercise a power under this\nsection.\n\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\nNote 1 Sections 127 to 130 deal with claiming privilege when a search warrant\nis executed.\nNote 2 This Act does not affect the law relating to the privileges of the\nNote 3 A claim of parliamentary privilege must be dealt with by the Legislative\n","sortOrder":124},{"sectionNumber":"121","sectionType":"section","heading":"Power to seize things","content":"121 Power to seize things\n(1) An investigator who enters premises under this part with the\noccupier’s consent may seize anything at the premises if seizure of\nthe thing is consistent with the purpose of the entry told to the\noccupier when seeking the occupier’s consent.\n(2) An investigator who enters premises under a warrant under this part\nmay seize anything at the premises that the investigator is authorised\nto seize under the warrant.\n(3) An investigator who enters premises under this part (whether with the\noccupier’s consent or under a warrant) may seize anything at the\npremises if satisfied on reasonable grounds that—\n(a) the thing is connected with corrupt conduct; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to engage in, continue or repeat the corrupt conduct.\n(4) Having seized a thing, an investigator may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n\n(5) A person commits an offence if the person—\n(a) interferes with a seized thing, or anything containing a seized\nthing, to which access has been restricted under\nsubsection (4) (b); and\n(b) does not have an investigator’s approval to interfere with the\nthing.\n(6) An offence against subsection (5) is a strict liability offence.\n","sortOrder":125},{"sectionNumber":"122","sectionType":"section","heading":"Warrants—generally","content":"122 Warrants—generally\n(1) An investigator may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must—\n(a) be sworn; and\n(b) state the grounds on which the warrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninvestigator gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with corrupt\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 7 days.\n\n(5) The warrant must state—\n(a) that an investigator may, with necessary assistance and force,\nenter the premises and exercise the investigator’s powers under\nthis part; and\n(b) the nature of the corrupt conduct for which the warrant is issued;\nand\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 7 days after the day of the warrant’s issue, when\nthe warrant ends.\nNote This Act does not affect the law relating to the privileges of the\n","sortOrder":126},{"sectionNumber":"123","sectionType":"section","heading":"Warrants—application other than in person","content":"123 Warrants—application other than in person\n(1) An investigator may apply for a warrant by phone, radio, email, letter\nor other form of communication if the investigator considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the investigator must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The investigator may apply for the warrant before the application is\nsworn.\n(4) After issuing the warrant, the magistrate must immediately give a\nwritten copy to the investigator if it is practicable to do so.\n\n(5) If it is not practicable to give a written copy of the warrant to the\ninvestigator—\n(a) the magistrate must tell the investigator—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) the investigator must complete a form of warrant (the warrant\nform) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the investigator, authorises the entry and the exercise\nof the investigator’s powers under this part.\n(7) The investigator must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the sworn application; and\n(b) if the investigator completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents mentioned in subsection (7), the\nmagistrate must attach them to the warrant.\n(9) A court must find that a power exercised by an investigator was not\nauthorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n\n","sortOrder":127},{"sectionNumber":"124","sectionType":"section","heading":"Search warrants—announcement before entry","content":"124 Search warrants—announcement before entry\n(1) An investigator must, before anyone enters premises under a search\nwarrant—\n(a) announce that the investigator is authorised to enter the\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nhimself or herself to the person.\n(2) The investigator is not required to comply with subsection (1) if the\ninvestigator believes on reasonable grounds that immediate entry to\nthe premises is required to ensure—\n(a) the safety of anyone (including the investigator or any person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":128},{"sectionNumber":"125","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"125 Details of search warrant to be given to occupier etc\nIf the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the investigator or a person assisting must\nmake available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":129},{"sectionNumber":"126","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"126 Occupier entitled to be present during search etc\n(1) If the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n","sortOrder":130},{"sectionNumber":"127","sectionType":"section","heading":"Search warrants—claiming privilege","content":"127 Search warrants—claiming privilege\n(a) an investigator executing a search warrant wishes to inspect,\ncopy or seize a document or other thing under the search\nwarrant; and\n(b) a person who is entitled to claim the privilege, claims that the\ndocument or other thing is the subject of privilege.\nNote Privilege—see s 174 and s (4).\n(2) The investigator must consider the claim and either—\n(a) stop exercising the power under the search warrant in relation to\n(b) require the claimant to immediately secure the document or\nother thing (by sealing in an envelope or otherwise) and give it\nto the investigator.\n(3) In considering the claim, the investigator must not inspect the\nNote For the claim of parliamentary privilege relating to the execution of a\nsearch warrant, see s 130A.\n\n","sortOrder":131},{"sectionNumber":"128","sectionType":"section","heading":"Search warrants—application to Supreme Court to decide","content":"128 Search warrants—application to Supreme Court to decide\nprivilege\n(1) If the investigator requires the claimant to secure the document or\nother thing and give it to the investigator under section 127 (2) (b),\nthe investigator must—\n(a) notify the commissioner about the claim as soon as practicable;\nand\n(b) immediately give the secured document or other thing to the\nproper officer of the Supreme Court to be held in safe custody.\n(2) If the commission is notified about the claim under subsection (1), the\n(a) within 7 days, apply to the Supreme Court for determination of\n(b) within a reasonable time before the hearing of the application—\n(3) If the commission does not make an application within the 7 days, the\nproper officer must return the secured document or other thing to the\nclaimant.\n(4) The claimant is entitled to appear and be heard on the hearing of the\n","sortOrder":132},{"sectionNumber":"129","sectionType":"section","heading":"Search warrants—Supreme Court to decide privilege","content":"129 Search warrants—Supreme Court to decide privilege\n(1) If the Supreme Court receives an application under section 123, the\ncourt must determine whether the document or other thing is the\nsubject of privilege.\n(2) To make the determination, the judge constituting the court and any\n\n(3) If the court determines that the document or other thing—\ndocument or other thing be returned to the claimant; or\ndocument or other thing be given to the commission.\n","sortOrder":133},{"sectionNumber":"130","sectionType":"section","heading":"Search warrants—offence to open secured document or","content":"130 Search warrants—offence to open secured document or\nother thing\n(a) a claimant secures a document or other thing under\nsection 127 (2) (b); and\nclaimant under section 123 (3); and\nother thing is the subject of privilege under section 129.\nand\nthe secured document or other thing under section 129 (2).\n\n","sortOrder":134},{"sectionNumber":"130A","sectionType":"section","heading":"Search warrants—claiming parliamentary privilege","content":"130A Search warrants—claiming parliamentary privilege\n(a) an investigator executing a search warrant wishes to inspect,\ncopy or seize a document or other thing under the search\nwarrant; and\n(b) a current or former member of the Legislative Assembly\n(the claimant) claims that the document or other thing is the\nsubject of parliamentary privilege.\n(2) The investigator must either—\n(a) stop exercising the power under the search warrant in relation to\n(b) require the claimant to immediately secure the document or\nother thing (by sealing in an envelope or otherwise) and give it\nto the investigator.\n(3) In taking an action under subsection (2), the investigator must not\ninspect the document or other thing.\nNote 1 The Act does not affect the law relating to the privileges of the Legislative\nAssembly (see s 7).\n","sortOrder":135},{"sectionNumber":"130B","sectionType":"section","heading":"Search warrants—investigator to give secured","content":"130B Search warrants—investigator to give secured\ndocuments etc to clerk\n(1) This section applies if the investigator requires the claimant to secure\nthe document or other thing and give it to the investigator under\nsection 130A (2) (b).\n(2) The investigator must—\n(a) notify the commissioner about the claim as soon as possible; and\n(b) immediately give the secured document or other thing to the\nclerk of the Legislative Assembly to be held in safe custody.\n\nclerk of the Legislative Assembly includes, if the clerk is unavailable,\nthe deputy clerk of the Legislative Assembly.\nunavailable—the clerk of the Legislative Assembly is unavailable\nif—\n(a) the clerk is absent or suspended from duty; or\n(b) there is a vacancy in the office of the clerk; or\n(c) the clerk has an actual or perceived conflict of interest that\nwould prevent the clerk from properly carrying out the functions\nof the clerk under this section; or\n(d) the clerk cannot, for any other reason, exercise the functions of\nthe clerk.\n","sortOrder":136},{"sectionNumber":"131","sectionType":"section","heading":"Receipt for things seized","content":"131 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an investigator under\nthis part, the investigator must give a receipt for it to the person from\nwhom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe investigator must leave the receipt, secured conspicuously at the\nplace of seizure under section 121 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n\nReturn and forfeiture of things seized Division 3.5.4\n(c) the investigator’s name, and how to contact the investigator;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":137},{"sectionNumber":"132","sectionType":"section","heading":"Moving things to another place for examination or","content":"132 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An investigator may apply to a magistrate for an extension of time if\nthe investigator believes on reasonable grounds that the thing cannot\nbe examined or processed within 72 hours.\n(4) The investigator must give notice of the application to the occupier of\nthe premises, and the occupier is entitled to be heard on the\n(5) If a thing is moved to another place under this section, the investigator\nmust, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":138},{"sectionNumber":"133","sectionType":"section","heading":"Access to things seized","content":"133 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect the thing; and\n(b) photograph the thing; and\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n","sortOrder":139},{"sectionNumber":"134","sectionType":"section","heading":"Return of things seized","content":"134 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, unless—\n(a) a prosecution for an offence against a territory law in connection\nwith the thing is begun within 1 year after the day the seizure is\nmade and the thing is required to be produced in evidence in the\nprosecution; or\n(b) an application for the forfeiture of the seized thing is made to a\ncourt under the Confiscation of Criminal Assets Act 2003 or\nanother territory law within 1 year after the day the seizure is\nmade.\n\nReturn and forfeiture of things seized Division 3.5.4\n(2) However, this section does not apply to a thing if—\n(a) the commissioner believes on reasonable grounds that the only\npractical use of the thing in relation to the premises where it was\nseized would be an offence against a law in force in the\nTerritory; or\n(b) possession of it by its owner would be an offence.\n","sortOrder":140},{"sectionNumber":"135","sectionType":"section","heading":"Forfeiture of seized things","content":"135 Forfeiture of seized things\n(a) anything seized under this part has not been returned under\nsection 134; and\n(b) an application for disallowance of the seizure under\nsection 136—\n(i) has not been made within 10 days after the day of the\nseizure; or\n(ii) has been made within the 10-day period, but the\napplication has been refused or withdrawn before a\ndecision in relation to the application had been made.\n(2) If this section applies to the seized thing—\n(a) it is forfeited to the Territory; and\n(b) it may be sold, destroyed or otherwise disposed of as the\ncommissioner directs.\n","sortOrder":141},{"sectionNumber":"136","sectionType":"section","heading":"Application for order disallowing seizure","content":"136 Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this part\nmay apply to the Magistrates Court within 10 days after the day of\nthe seizure for an order disallowing the seizure.\n\n(2) The application may be heard only if the applicant has served a copy\nof the application on the commissioner.\n(3) The commissioner is entitled to appear as respondent at the hearing\nof the application.\n","sortOrder":142},{"sectionNumber":"137","sectionType":"section","heading":"Order for return of seized thing","content":"137 Order for return of seized thing\n(1) This section applies if a person claiming to be entitled to anything\nseized under this part applies to the Magistrates Court under\nsection 136 for an order disallowing the seizure.\n(2) The Magistrates Court must make an order disallowing the seizure if\nsatisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with corrupt conduct; and\n(c) possession of the thing by the person would not be an offence.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the commissioner to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n\nMiscellaneous Division 3.5.5\n","sortOrder":143},{"sectionNumber":"138","sectionType":"section","heading":"Damage etc to be minimised","content":"138 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\ninvestigator must take all reasonable steps to ensure that the\ninvestigator, and any person assisting the investigator, causes as little\ninconvenience, detriment and damage as is practicable.\n(2) If an investigator, or a person assisting an investigator, damages\nanything in the exercise or purported exercise of a function under this\npart, the investigator must give written notice of the particulars of the\ndamage to the person whom the investigator believes on reasonable\ngrounds is the owner of the thing.\n(3) The notice must state that—\n(a) the person may claim compensation from the Territory if the\nperson suffers loss or expense because of the damage; and\n(b) compensation may be claimed and ordered in a proceeding for\ncompensation brought in a court of competent jurisdiction; and\n(c) the court may order the payment of reasonable compensation for\nthe loss or expense only if satisfied it is just to make the order in\nthe circumstances of the particular case.\n(4) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it secured\nin a conspicuous place at the premises.\n","sortOrder":144},{"sectionNumber":"139","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"139 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) an investigator; or\n(b) a person assisting an investigator.\n\n(2) Compensation may be claimed and ordered in a proceeding for\ncompensation brought in a court of competent jurisdiction.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":145},{"sectionNumber":"140","sectionType":"section","heading":"Power to hold examination","content":"140 Power to hold examination\nFor an investigation, the commission may hold an examination.\n","sortOrder":146},{"sectionNumber":"141","sectionType":"section","heading":"Commissioner to preside","content":"141 Commissioner to preside\nThe commissioner must preside at an examination.\nNote The commissioner must not delegate the commissioner’s function of\npresiding at a public examination (see s 53 (2)).\n","sortOrder":147},{"sectionNumber":"142","sectionType":"section","heading":"Conduct of examinations","content":"142 Conduct of examinations\n(1) In conducting an examination, the commission—\n(a) must comply with the rules of natural justice and procedural\nfairness; and\n(b) is not bound by the rules of evidence and may inform itself of\nanything in the way it considers appropriate; and\n(c) may decide the procedure of the examination as the commission\nconsiders appropriate; and\n(d) must exercise its functions with as little formality and\ntechnicality as is possible and, in particular—\n(i) must accept written submissions as far as possible; and\n(ii) examinations must be conducted with as little emphasis on\nan adversarial approach as is possible; and\n(e) may do whatever it considers necessary or convenient for the\nfair and prompt conduct of the proceeding.\n(2) The commission must make guidelines about the conduct of\nexaminations (the examination conduct guidelines).\n\n(3) The examination conduct guidelines are a notifiable instrument.\n","sortOrder":148},{"sectionNumber":"143","sectionType":"section","heading":"Examinations may be public or private","content":"143 Examinations may be public or private\n(1) An examination may be held in public or in private.\n(2) In deciding whether to hold an examination in public or in private,\nthe commission must consider whether—\n(a) it is in the public interest to hold a public examination; and\n(b) a public examination can be held without unreasonably\ninfringing a person’s human rights.\n(3) In deciding whether it is in the public interest to hold a public\nexamination, the commission may consider the following:\n(a) whether the corrupt conduct is related to an individual and was\nan isolated incident or systemic in nature;\n(b) the benefit of exposing to the public, and making it aware of,\ncorrupt conduct;\n(c) the seriousness of the matter being investigated.\n(4) The commission may make guidelines about whether an examination\nshould be held in public or in private (the examination guidelines).\n(5) The examination guidelines are a notifiable instrument.\n","sortOrder":149},{"sectionNumber":"144","sectionType":"section","heading":"Commission must notify inspector of public examination","content":"144 Commission must notify inspector of public examination\n(1) If the commission intends to hold a public examination, the\ncommission must give the inspector written notice of—\n(a) when the public examination is to be held; and\n(b) the commission’s reasons for holding the examination in public.\n(2) The commission must give the inspector the notice—\n(a) at least 10 business days before the day of the public\nexamination; and\n\n(b) before doing either of the following:\n(i) issuing an examination summons for the examination;\n(ii) making any public announcement about the examination.\nNote The commission must also report monthly to the inspector about public\nexaminations (see s 205).\n","sortOrder":150},{"sectionNumber":"145","sectionType":"section","heading":"Offence to be present at examination not open to public","content":"145 Offence to be present at examination not open to public\n(a) is present at an examination that is not open to the public; and\nor\n(ii) attending in accordance with an examination summons; or\n(iii) a lawyer representing a person who is attending in\naccordance with an examination summons; or\nNote The commission may make a legal advice direction\ndirecting a person not to seek legal advice or representation\nfrom a stated lawyer (see s 193).\n(iv) entitled to be present under a direction given by the\ncommission under section 146; or\n(v) the inspector or a member of the staff of the inspector; or\n(vi) a lawyer, or other person, engaged by the commission to\nassist the commission in the examination; or\n(vii) another person authorised to be present—\n(A) by the commission; or\n(B) under this Act or another territory law.\n\npresent, at an examination, includes being remotely present at an\nexamination.\n","sortOrder":151},{"sectionNumber":"146","sectionType":"section","heading":"Commission may give directions","content":"146 Commission may give directions\n(1) The commission may give directions about the people who—\n(a) may be present during an examination or part of an examination;\nor\n(b) must not be present during an examination or part of an\nexamination.\n(2) A direction may provide that a person may be remotely present during\nan examination or part of an examination.\n(3) A direction must not prevent the presence, when evidence is being\ntaken at an examination, of—\n(a) a lawyer representing a person attending in accordance with an\n(c) a member of staff of the inspector; or\n(d) another person authorised to be present under this Act or another\nterritory law.\n(4) If the commission decides to hold a public examination, a person\nrequired to attend the examination under an examination summons\nmay ask the commission to make a direction that the examination, or\npart of the examination, is to be held in private.\n(5) The commission must, in private, hear arguments about and\ndetermine the request, unless the commission reasonably believes the\nrequest is vexatious or without merit.\n\n","sortOrder":152},{"sectionNumber":"147","sectionType":"section","heading":"Power to issue examination summons","content":"147 Power to issue examination summons\n(1) In carrying out an investigation, the commission may issue a\nsummons (an examination summons) to a person, requiring the\nperson to appear before the commission, at a stated time and place, to\ndo 1 or more of the following:\n(a) give evidence at an examination;\n(b) produce a document or other thing to the commission.\n(2) However, the commission may issue an examination summons only\nif the commission—\n(a) suspects on reasonable grounds that the evidence, document or\nother thing may be necessary for the investigation; and\n(b) is satisfied that it is reasonable to do so.\n(3) In deciding whether it is reasonable to issue the examination\nsummons, the commission must have regard to—\n(a) whether it is reasonably practicable to obtain the information in\nthe document or other thing in another way; and\n(b) the evidentiary or intelligence value of the information,\ndocument or other thing sought to be obtained from the person;\nand\n(c) the age of the person and whether the person is suffering from a\nmental impairment; and\n(d) the impact the examination summons may have on the person,\nin particular, due to disability, health or cultural or linguistic\nbackground.\n\n(4) The commission must not issue an examination summons to a person\nwho is under 18 years old unless the commission considers on\n(a) the information, document or other thing that the person could\nprovide may be compelling and probative evidence; and\n(b) it is not practicable to obtain the information, document or other\nthing in any other way.\nNote 1 It is an offence for a person to not attend, or not continue to attend, as\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\nNote 3 Documents may be produced electronically in certain circumstances (see\nElectronic Transactions Act 2001).\nNote 4 Giving false or misleading information is an offence against the\nNote 5 The commission must report monthly to the inspector about examination\nsummonses (see s 205).\n","sortOrder":153},{"sectionNumber":"147A","sectionType":"section","heading":"Dealing with examination summons for Assembly","content":"147A Dealing with examination summons for Assembly\n(1) This section applies if a person (other than a current or former\nmember of the Legislative Assembly)—\n(a) has been issued with an examination summons; and\n(b) considers that the summons requires the giving of evidence, or\nthe production of a document or other thing, containing\nAssembly information.\n(2) The person must—\n(a) not give the evidence, or produce the document or thing; and\n(b) give the Speaker a copy of the examination summons; and\n\n(d) comply with the examination summons to the extent that it does\nnot relate to Assembly information; and\n(e) if the Speaker authorises the person to give the evidence, or\nproduce the document or thing, to the commission—give the\nevidence, or produce the document or thing.\n","sortOrder":154},{"sectionNumber":"147B","sectionType":"section","heading":"Examination summons—delivery of document or thing","content":"147B Examination summons—delivery of document or thing\n(1) This section applies if the commission has issued a person with an\nexamination summons only to produce a document or other thing to\nthe commission under section 147 (1) (b).\n(2) The commission may excuse the person from attendance at the\ncommission if the required document or other thing is delivered to the\ncommission before the time for production stated in the examination\nsummons, by—\n(a) the person; or\n(b) if the commission agrees to a nominated person delivering the\ndocument or other thing to the commission—the nominated\nperson.\nNote The commission may give the person, and any nominated person,\na confidentiality notice (see s 79).\n\n","sortOrder":155},{"sectionNumber":"148","sectionType":"section","heading":"Examination summons—content","content":"148 Examination summons—content\n(1) An examination summons must require the person to whom it is\ndirected to attend at a stated time and place and do 1 or more of the\n(a) give evidence at an examination before the commission;\n(b) produce to the commission any document or other thing\ndescribed in the examination summons that is in the person’s\npossession or control.\n(2) An examination summons mentioned in subsection (1) (a) must state\nthe nature of the matters about which the person is to be questioned,\nexcept to the extent the commission considers on reasonable grounds\nthat this would be—\n(a) likely to prejudice the conduct of an investigation; or\n(b) contrary to the public interest.\n(3) An examination summons must be accompanied by—\n(a) any relevant confidentiality notice; and\nNote Confidentiality notice—see s 77.\n(b) the wellbeing policy; and\nNote Wellbeing policy—see s 295A (1).\n(c) a statement setting out the following:\n(i) that failure to comply with the examination summons may\nbe contempt of the commission, or an offence, and\nNote See s 166 and s 173.\n(ii) that giving false or misleading information is a serious\noffence;\nNote See the Criminal Code, s 338.\n\n(iii) whether it is intended that the examination is to be held in\npublic or in private;\n(iv) that if the person summoned is under 16 years old and\nprovides proof of age to the commission, the person need\nnot comply with the examination summons;\nNote See s 149 and s 153.\n(v) that the person is entitled to seek legal advice in relation to\nthe examination summons and the examination generally;\nNote See s 152.\n(vi) that the person has a right to legal representation at an\nexamination;\nNote See s 152.\n(vii) that the person may have a right to have an interpreter\npresent at the examination;\nNote See s 153.\n(viii) that the person may be required to have a parent, a guardian\nor an independent person present at the examination;\nNote See s 153.\n(ix) that the person may be able to claim a privilege but is not\nexcused from answering a question, giving information or\nproducing a document or other thing on the ground that the\nanswer, information, document or other thing may tend to\nincriminate the person or make the person liable to a\npenalty;\nNote See pt 3.7, in particular, s 175.\n(x) that if a person gives any answer, information, document\nor other thing that may tend to incriminate the person, an\nimmunity as to the use of that evidence may apply;\nNote See s 175.\n\n(xi) that if the person is a member of the Legislative Assembly,\nthe person is not required to attend on a sitting day of the\nNote See the Parliamentary Privileges Act 1987 (Cwlth), s 14.\n(xii) that the person must deal with the examination summons\nin accordance with section 147A if—\n(A) the evidence required to be given, or document or\nother thing required to be produced, contains\nAssembly information; and\n(B) the person is not a current or former member of the\n(xiii) that if the person is required only to produce a document\nor other thing, the commission may excuse the person from\nattendance if the person, or a nominated person, produces\nthe document or other thing to the commission before the\ntime for production stated in the examination summons;\nNote See s 147B.\n(xiv) that the person has a right to complain to the inspector;\nNote See s 257.\n(xv) any other matter prescribed by regulation.\n","sortOrder":156},{"sectionNumber":"149","sectionType":"section","heading":"Examination summons—person under 16 years","content":"149 Examination summons—person under 16 years\n(1) An examination summons directed to a person under 16 years old has\nno effect.\n(2) A person who claims to be under 16 years old for subsection (1) must\nprovide proof of age to the commission in the form of—\n(a) an Australian birth certificate; or\n(b) an Australian passport or a passport issued by another country;\nor\n\n(c) anything else that satisfies the commission about the person’s\nage.\n","sortOrder":157},{"sectionNumber":"150","sectionType":"section","heading":"Examination summons—notice and immediate","content":"150 Examination summons—notice and immediate\nattendance\n(1) An examination summons directed to a person must be served at least\n10 business days before the day the person is required to attend or\notherwise comply with the examination summons.\n(2) However, the commission may issue an examination summons\nrequiring immediate attendance by a person before the commission if\nthe commission considers on reasonable grounds that a delay in the\nperson’s attendance is likely to result in—\n(a) evidence being lost or destroyed; or\n(b) the commission of an offence; or\n(c) the escape of the person who is summoned; or\n(d) serious prejudice to the conduct of the investigation.\nNote 1 For how documents may be served, see the Legislation Act, pt 19.5.\nNote 2 It is an offence for a person to not attend, or not continue to attend, as\n","sortOrder":158},{"sectionNumber":"151","sectionType":"section","heading":"Examination summons—service","content":"151 Examination summons—service\n(1) If it is not reasonably practicable to serve an examination summons\non a person under section 150, the commission may apply to the\nSupreme Court for an order that the examination summons be served\nin another way.\n(2) If the Supreme Court receives an application and is satisfied that it is\nnot reasonably practicable to serve an examination summons under\nsection 150, the court may—\n(a) order that the examination summons be served in another way\nthat the court considers appropriate; or\n\n(b) make an order for substituted service.\nNote 1 An examination summons directed to a young detainee may be dealt with\nunder the Children and Young People Act 2008, s 876A.\nNote 2 An examination summons directed to a detainee may be dealt with under\nthe Corrections Management Act 2007, s 217A.\nNote 3 An examination summons directed to a person who is admitted to a secure\nmental health facility may be dealt with under the Mental Health\nAct 2015, s 144B.\n","sortOrder":159},{"sectionNumber":"152","sectionType":"section","heading":"Examination—legal representation","content":"152 Examination—legal representation\n(1) A witness may be represented at an examination by a lawyer.\nNote The commission may make a legal advice direction directing a person not\nto seek legal advice or representation from a stated lawyer (see s 193).\n(2) If the commission makes a legal advice direction, the commission\nmust allow the witness at least 3 days from the day the witness\nreceives the legal advice direction to obtain legal advice or\nrepresentation by another lawyer before the witness is required to\nattend to comply with the examination summons.\n(3) Subsection (2) does not apply if the examination summons is issued\nunder section 150 (2).\n(4) If the commission considers there are special circumstances, the\ncommission may authorise a person who is not a witness to be\nrepresented by a lawyer during the examination of a witness.\n","sortOrder":160},{"sectionNumber":"153","sectionType":"section","heading":"Examination—provisions for vulnerable witnesses","content":"153 Examination—provisions for vulnerable witnesses\n(1) At any time during an examination, if the commission becomes aware\nthat a witness is under 16 years old, the commission must\nimmediately release the person from compliance with any\nexamination summons applying to the person.\n(2) If a witness is under 18 years old, the witness must be accompanied\nby a parent or guardian or an independent person.\n\n(3) If a witness does not have knowledge of the English language\nsufficient to enable the witness to understand or answer questions, the\ncommission must provide for a competent interpreter to be present\nfor the examination.\n(4) The commission must direct that an independent person be present\nduring the examination of a witness if—\n(a) the commission believes the witness has a mental impairment;\nor\n(b) the witness gives the commission reasonably satisfactory\nmedical evidence that the witness has a mental impairment.\n","sortOrder":161},{"sectionNumber":"154","sectionType":"section","heading":"Examination—commission may issue suppression order","content":"154 Examination—commission may issue suppression order\n(1) The commission may issue a suppression order prohibiting or\nrestricting the publication of any information or evidence given\nduring a public examination if the commission considers that the\norder is necessary—\n(a) to prevent prejudice or hardship being caused to a person,\nincluding harm to their safety or reputation; or\n(b) to avoid the possibility of any prejudice to—\n(i) a legal proceeding; or\n(ii) an investigation by the commission under this Act.\n(2) The suppression order must state the ground on which it is made.\n(3) The commission must ensure a copy of the suppression order is\nplaced on the door of the place where the public examination is being\nheld.\n(4) The commission must take reasonable steps to notify any relevant\nperson that the suppression order has been made, including by\npublishing a notice about the suppression order on the commission’s\nwebsite.\n\n(5) If the suppression order is made in relation to information or evidence\nthat is given by the commission to another person, the commission\nmust give a copy of the suppression order to the person.\n","sortOrder":162},{"sectionNumber":"155","sectionType":"section","heading":"Offence—contravene suppression order","content":"155 Offence—contravene suppression order\nA person commits an offence if—\n(a) a suppression order is in force; and\n(b) the person—\n(i) knows that the suppression order is in force; or\n(ii) is reckless as to whether the suppression order is in force;\nand\n(c) the person engages in conduct that constitutes a contravention\nof the suppression order.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n","sortOrder":163},{"sectionNumber":"156","sectionType":"section","heading":"Examination—first actions to be taken","content":"156 Examination—first actions to be taken\n(1) Before a witness summoned to attend an examination is asked any\nquestions or required to produce a document or other thing, the\n(a) if the commission considers the witness may be under 18 years\nold—confirm the age of the witness; and\n(b) release any witness under 16 years old from compliance with the\n(c) tell the witness orally and in writing about the witness’s rights\nand obligations as stated in section 148 (3); and\n(d) if a lawyer is representing a person at the examination—tell the\nlawyer about any non-disclosure requirements that apply under\nthis Act; and\n\n(e) take any other action prescribed by regulation.\n(2) Before a witness summoned to attend to give evidence at an\nexamination is asked any questions, the commission must tell the\nwitness the nature of the matters about which the witness is to be\nasked questions, except to the extent to which the commission\nconsiders on reasonable grounds that it would prejudice the\ninvestigation or would be contrary to the public interest.\n","sortOrder":164},{"sectionNumber":"156A","sectionType":"section","heading":"Examination summons—extension","content":"156A Examination summons—extension\n(1) A person who receives an examination summons may apply to the\ncommission for an extension of time to attend the commission or\notherwise comply with the examination summons.\n(2) The commission must give the person a written notice (an extension\nnotice) stating—\n(a) if the commission agrees to the extension—the new time to\nattend or otherwise comply with the examination summons; or\n(b) if the person requests a particular extension but the commission\nagrees to a shorter extension—the new time to attend or\notherwise comply with the examination summons, including the\nreasons for the shorter extension; or\n(c) if the commission refuses the extension—that the application is\nrefused, including the reasons for the refusal.\n(see s 205).\n(3) This section does not apply to a person who receives an examination\nsummons that requires immediate attendance under section 150 (2).\n\n","sortOrder":165},{"sectionNumber":"157","sectionType":"section","heading":"Examination—power to examine on oath","content":"157 Examination—power to examine on oath\n(1) The commissioner may administer an oath to a person.\n(2) The commissioner may, in relation to a person summoned to attend\nan examination—\n(a) require the person to take an oath; and\n(b) administer an oath to the person; and\n(c) examine the person in accordance with the examination\nsummons; and\n(d) require the person to produce documents or other things in\naccordance with the examination summons.\nNote 1 Oath includes affirmation and take an oath includes make an affirmation\n(see Legislation Act, dict, pt 1).\nNote 2 It is an offence for a person to fail to take an oath (see s 173 which applies\nthe Criminal Code, s 721).\n","sortOrder":166},{"sectionNumber":"158","sectionType":"section","heading":"Examination—video recording and transcript","content":"158 Examination—video recording and transcript\n(1) If a person attends the commission for an examination in accordance\nwith an examination summons, the commission must ensure that the\nperson’s attendance is video recorded.\n(2) Unless the commission considers on reasonable grounds that doing\nso may prejudice an investigation, a person who is examined must be\ngiven a copy of—\n(a) the video recording of the person’s evidence; and\n(b) any transcript created of the person’s evidence.\n(3) If the commission decides not to give a person a copy of the video\nrecording and transcript, the commission must allow the person to\nview the video recording of the person’s evidence at the commission\npremises at any reasonable time.\nNote The commission must report monthly to the inspector about video\nrecordings and transcripts of examinations (see s 205).\n\n","sortOrder":167},{"sectionNumber":"158A","sectionType":"section","heading":"Examination—dealing with Assembly information","content":"158A Examination—dealing with Assembly information\ndiscovered\n(a) a person (other than a current or former member of the\nLegislative Assembly) appears before the commission under an\n(b) the commission becomes aware, at any time during the\nexamination, that the evidence given, or the document or other\nthing produced by the person, contains Assembly information.\n(2) The commission must immediately—\n(a) stop dealing with the evidence, or the document or other thing;\nand\n(b) secure the following (the secured evidence) by sealing in an\nenvelope or otherwise:\n(i) any video recordings, transcripts or notes created of the\nevidence;\n(ii) the document or other thing produced; and\n(c) give the secured evidence to the clerk of the Legislative\nAssembly to be held in safe custody.\nclerk of the Legislative Assembly includes, if the clerk is unavailable,\nthe deputy clerk of the Legislative Assembly.\nunavailable—the clerk of the Legislative Assembly is unavailable\nif—\n(a) the clerk is absent or suspended from duty; or\n(b) there is a vacancy in the office of the clerk; or\n\n(c) the clerk has an actual or perceived conflict of interest that\nwould prevent the clerk from properly carrying out the functions\nof the clerk under this section; or\n(d) the clerk cannot, for any other reason, exercise the functions of\nthe clerk.\n","sortOrder":168},{"sectionNumber":"159","sectionType":"section","heading":"Examination—warrant to arrest witness who fails to","content":"159 Examination—warrant to arrest witness who fails to\nappear\n(1) The commission may apply to a magistrate for the issue of a warrant\nto arrest a person, if the commission believes on reasonable grounds\nthat the person has—\n(a) been given an examination summons; and\n(b) failed to appear at the commission in accordance with the\nexamination summons.\nNote A member of the Legislative Assembly is not required to attend on a\nsitting day of the Legislative Assembly (see Parliamentary Privileges\nAct 1987 (Cwlth), s 14).\n(2) A magistrate may issue an arrest warrant only if satisfied that—\n(a) the person has—\n(i) been given an examination summons; and\n(ii) failed to appear at the commission in accordance with the\n(b) the commission has taken reasonably practicable steps to contact\nthe person; and\n(c) the issue of a warrant is in the interests of justice.\n\n(3) In deciding whether it is in the interests of justice to issue an arrest\nwarrant, the magistrate must consider the following:\n(a) the importance of the evidence that the person is expected to\ngive;\n(b) whether the evidence could be obtained by other means;\n(c) the degree of urgency to resolve the matter;\n(d) the likelihood that issuing the warrant would secure the person’s\nattendance at the examination;\n(e) the reason (if any) given by the person for not attending in\naccordance with the examination summons;\n(f) the impact of using the warrant for the arrest of the person, in\nparticular, due to disability, health or cultural or linguistic\nbackground.\n(4) The issue of an arrest warrant, or the arrest of a person under that\nwarrant, does not relieve the person from any liability for\nnon-compliance with the examination summons.\nNote 1 It is an offence for a person to not attend, or not continue to attend, as\nNote 2 The commission must report monthly to the inspector about arrest\nwarrants (see s 205).\n","sortOrder":169},{"sectionNumber":"160","sectionType":"section","heading":"Examination—executing warrant to arrest witness who","content":"160 Examination—executing warrant to arrest witness who\nfails to appear\n(1) This section applies if a magistrate issues an arrest warrant under\nsection 159.\n(2) The warrant authorises a police officer to—\n(a) arrest the person named in the warrant; and\n(b) bring the person before the commission.\n\n(3) If a police officer believes on reasonable grounds that the person\nnamed in the warrant is on any premises, the police officer is\nauthorised to enter the premises, with necessary assistance and force,\nto execute the warrant.\n(4) However, the police officer must not enter premises (or a part of\npremises) used only for residential purposes to execute the warrant\nbefore 6 am or after 9 pm on any day unless the police officer believes\non reasonable grounds that—\n(a) it would not be practicable to arrest the person, either at the\npremises or somewhere else, at another time; or\n(b) it is necessary to enter the premises to prevent the concealment,\nloss or destruction of evidence of, or relating to, corrupt conduct.\n(5) A police officer executing the warrant—\n(a) must use not more than the minimum amount of force necessary\nto arrest the person and remove the person to the place stated in\nthe warrant; and\n(b) must, before removing the person, explain to the person the\npurpose of the warrant; and\n(c) must bring the person immediately before the commission; and\n(d) if a person is under a legal disability—must inform a parent or\nguardian of the person of the arrest.\n(6) If, after arresting the person, the police officer believes on reasonable\ngrounds that the person cannot be brought immediately before the\ncommission, the police officer must immediately release the person.\n\nExaminations—privilege Division 3.6.2\n","sortOrder":170},{"sectionNumber":"161","sectionType":"section","heading":"Examination—claiming privilege","content":"161 Examination—claiming privilege\n(1) This section applies if an examination summons directed to a person\nrequires the person to—\n(a) give evidence at an examination and the person claims that the\ninformation in answer to a question at an examination or\notherwise required to be given to the commission is the subject\nof privilege; or\n(b) produce a document or other thing to the commission and the\nperson claims that the document or other thing is the subject of\nprivilege.\nNote Privilege—see s 174 and s (5).\n(2) The claimant must attend before the commission in accordance with\nthe examination summons.\n(3) The commission must consider the claim and either—\n(a) withdraw the requirement to answer the question, provide the\ninformation or produce the document or other thing; or\n(b) refuse to withdraw the requirement and, if the claim relates to a\ndocument or other thing, require the claimant to immediately\nsecure the document or other thing (by sealing in an envelope or\notherwise) and give it to the commission.\n(4) In considering the claim, if the claim relates to a document or other\nthing, the commission must not inspect the document or other thing.\n\n","sortOrder":171},{"sectionNumber":"162","sectionType":"section","heading":"Examination—application to Supreme Court to decide","content":"162 Examination—application to Supreme Court to decide\nprivilege\n(1) If the commission refuses to withdraw the requirement under\nsection 161 (3) (b), the commission must—\n(a) if the claim relates to a document or other thing—immediately\ngive the secured document or other thing to the proper officer of\nthe Supreme Court to be held in safe custody; and\n(b) within 7 days, apply to the Supreme Court for determination of\n(c) within a reasonable time before the hearing of the application—\n(2) If the commission does not make an application within the 7 days—\n(a) if the claim relates to a requirement to answer a question or\nprovide information—the requirement is taken to be withdrawn;\nand\n(b) if the claim relates to a requirement to produce a document or\nother thing—the proper officer must return the secured\ndocument or other thing to the claimant.\n(3) The claimant is entitled to appear and be heard on the hearing of the\n","sortOrder":172},{"sectionNumber":"163","sectionType":"section","heading":"Examination—Supreme Court to decide privilege","content":"163 Examination—Supreme Court to decide privilege\n(1) If the Supreme Court receives an application under section 162 in\nrelation to information required in answer to a question asked at the\nexamination or otherwise required to be provided, the court must\ndetermine whether the information is the subject of privilege.\n(2) If the court determines that the information—\nclaimant is not required to provide the information to the\ncommission; or\n\nExaminations—privilege Division 3.6.2\nclaimant provide the information to the commission.\n(3) If the Supreme Court receives an application under section 162 in\nrelation to a document or other thing, the court must determine\nwhether the document or other thing is the subject of privilege.\n(4) To make the determination, the judge constituting the court and any\n(5) If the court determines that the document or other thing—\ndocument or other thing be returned to the claimant; or\ndocument or other thing be given to the commission.\n","sortOrder":173},{"sectionNumber":"164","sectionType":"section","heading":"Examination—offence to open secured document or","content":"164 Examination—offence to open secured document or\nother thing\n(a) the commission requires a document or other thing to be secured\nunder section 161 (3) (b); and\nclaimant under section 162 (2); and\nother thing is the subject of privilege under section 163.\nand\n\nthe secured document or other thing under section 163 (2).\n","sortOrder":174},{"sectionNumber":"165","sectionType":"section","heading":"Examination—protection of witnesses and lawyers","content":"165 Examination—protection of witnesses and lawyers\n(1) A person appearing as a witness at an examination has the same\nprotection and immunity as a witness has in a proceeding in the\nSupreme Court.\n(2) A lawyer representing a person at an examination or assisting the\ncommission at an examination has the same protection and immunity\nas a lawyer has in representing a party in a proceeding in the Supreme\nCourt.\n","sortOrder":175},{"sectionNumber":"166","sectionType":"section","heading":"Contempt of commission","content":"166 Contempt of commission\n(1) A person is in contempt of the commission if the person—\n(a) has been served with a preliminary inquiry notice and refuses or\nfails to produce a document or other thing as required by the\npreliminary inquiry notice; or\n(b) has been served with an examination summons and—\n(i) fails to attend the examination as required by the\n(ii) when appearing as a witness at the examination—\n(A) refuses or fails to take an oath when required; or\n(B) refuses or fails to answer a question relevant to the\nsubject matter of the examination; or\n\nExaminations—contempt Division 3.6.3\n(C) refuses or fails to produce a document or other thing\nas required by the examination summons; or\n(c) gives evidence at an examination that the person knows is false\nor misleading in a material particular; or\n(d) obstructs or hinders the commissioner in the performance of the\ncommissioner’s functions at an examination; or\n(e) disrupts an examination; or\n(f) threatens a person present at an examination.\n(2) However, subsection (1) does not apply if the person has a reasonable\nexcuse.\nNote 1 The defendant has an evidential burden in relation to the matters\nNote 2 An act or omission that is contempt of the commission may also be an\noffence (see s 173). However, a person cannot be punished more than\nonce for the same act or omission (see s 170).\n","sortOrder":176},{"sectionNumber":"167","sectionType":"section","heading":"Commission may apply to Supreme Court to deal with","content":"167 Commission may apply to Supreme Court to deal with\ncontempt\n(1) If it appears to the commission during an examination that a person\nis in contempt of the commission, the commission may apply to the\nSupreme Court for the person to be dealt with in relation to the\ncontempt.\n(2) Before making the application, the commission must tell the person\nthat the commission proposes to make the application.\n(3) The application must be accompanied by a certificate (a contempt\ncertificate) that states—\n(a) the grounds for making the application; and\n(b) evidence in support of the application.\n\n(4) A copy of the contempt certificate must be given to the person before\nthe application is made.\nNote The commission must report monthly to the inspector about applications\nfor contempt (see s 205).\n","sortOrder":177},{"sectionNumber":"168","sectionType":"section","heading":"Supreme Court to deal with contempt","content":"168 Supreme Court to deal with contempt\n(1) A contempt of the commission is to be dealt with by the Supreme\nCourt as if the contempt were a contempt of that court.\n(2) The contempt certificate is evidence of the matters set out in it.\n","sortOrder":178},{"sectionNumber":"169","sectionType":"section","heading":"Commission may withdraw contempt application","content":"169 Commission may withdraw contempt application\nThe commission may, at any time, withdraw an application in relation\nto a person under section 167.\n","sortOrder":179},{"sectionNumber":"170","sectionType":"section","heading":"Act or omission both offence and contempt","content":"170 Act or omission both offence and contempt\nIf an act or omission by a person constitutes both an offence against\nthis Act and contempt of the commission, the person is liable to be\nproceeded against for the offence against this Act or for contempt of\nthe commission or both, but is not liable to be punished more than\nonce for the same act or omission.\n","sortOrder":180},{"sectionNumber":"171","sectionType":"section","heading":"Witnesses at examinations—provision of legal assistance","content":"171 Witnesses at examinations—provision of legal assistance\nA witness prescribed by regulation appearing before the commission\nat an examination may be entitled to be paid an amount by the\nTerritory for legal assistance in connection with the person’s\nappearance—\n(a) in accordance with the Supreme Court scale of costs; or\n(b) if a regulation is made about how the amount is to be worked\nout—in the way prescribed by regulation.\n\nExaminations—other provisions Division 3.6.4\n","sortOrder":181},{"sectionNumber":"172","sectionType":"section","heading":"Witnesses at examinations—reimbursement of expenses","content":"172 Witnesses at examinations—reimbursement of expenses\nA witness prescribed by regulation appearing before the commission\nat an examination is entitled to be paid an amount by the Territory for\nthe expenses of the appearance—\n(a) in accordance with the Supreme Court scale of costs; or\n(b) if a regulation is made about how the amount is to be worked\nout—in the way prescribed by regulation.\n","sortOrder":182},{"sectionNumber":"173","sectionType":"section","heading":"Examination—application of Criminal Code, ch 7","content":"173 Examination—application of Criminal Code, ch 7\nAn examination before the commission is a legal proceeding for the\nCriminal Code, chapter 7 (Administration of justice offences).\nNote The Criminal Code, ch 7 includes offences such as perjury, falsifying\nevidence, failing to attend an examination and failing to take an oath.\n\n","sortOrder":183},{"sectionNumber":"174","sectionType":"section","heading":"Meaning of privilege","content":"174 Meaning of privilege\nprivilege—\n(a) means any privilege a person is entitled to claim in a proceeding\nbefore a court or tribunal; and\n(b) includes public interest immunity under the Evidence Act 2011,\nsection 130 (Exclusion of evidence of matters of state); but\n(c) does not include a privilege disapplied under section 175.\nNote The Evidence Act 2011 deals with various kinds of privilege including\nclient legal privilege, professional confidential relationship privilege,\njournalist privilege, religious confession and privilege against\nself-incrimination. The Legislation Act, s 170 and s 171 also deals with\nthe privilege against self-incrimination and client legal privilege.\n","sortOrder":184},{"sectionNumber":"175","sectionType":"section","heading":"Privileges against self-incrimination and exposure to civil","content":"175 Privileges against self-incrimination and exposure to civil\npenalty do not apply\nA person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to—\n(a) produce a document or other thing as required under an\n(b) answer a question or provide information as required—\n(i) under an examination summons; or\n(ii) at an examination.\n\nCommission—privilege Part 3.7\n","sortOrder":185},{"sectionNumber":"176","sectionType":"section","heading":"Privileges against self-incrimination and exposure to civil","content":"176 Privileges against self-incrimination and exposure to civil\npenalty—use and derivative use immunity\n(1) Any information, document or other thing obtained directly because\nof the operation of section 175 is not admissible in evidence against\nthe person in—\n(a) civil or criminal proceedings; or\n(b) a disciplinary process or action, unless the commission has made\na finding of serious corrupt conduct or systemic corrupt conduct\nin relation to the person.\n(2) Any information, document or other thing obtained indirectly because\nof the operation of section 175 is not admissible in evidence against\nthe person in civil or criminal proceedings, unless—\n(a) the information, document or other thing could have been\nobtained without the operation of section 175; or\n(b) the significance of the information, document or other thing\ncould have been appreciated without the operation of\nsection 175.\ncivil or criminal proceedings—\n(a) means—\n(i) a civil proceeding; or\n(ii) a criminal proceeding, other than a proceeding for—\n(A) an offence in relation to the falsity or the misleading\nnature of the answer, document or information; or\n(B) an offence against the Criminal Code, chapter 7\n(Administration of justice offences); but\n(b) does not include a proceeding for contempt of the commission.\nNote Contempt of the commission is dealt with in div 3.6.3.\n\ndisciplinary process or action means, in relation to a person’s\nemployment as a public official, any of the following:\n(a) a process (a disciplinary process) undertaken to determine what,\nif any, disciplinary action is warranted in relation to a breach, or\npossible breach, of the person’s terms and conditions of\nemployment;\n(b) an action taken (a disciplinary action) following a disciplinary\nprocess that is permitted under legislation or the person’s terms\nand conditions of employment;\n(c) a review process or proceeding, including an appeal process or\nproceeding, in relation to a disciplinary process or disciplinary\naction;\n(d) an administrative or judicial process or proceeding involving a\nclaim for a remedy in relation to a disciplinary process or\ndisciplinary action.\nNote See also s 196 which deals with the circumstances in which the\ncommission may share information.\n","sortOrder":186},{"sectionNumber":"177","sectionType":"section","heading":"Parliamentary privilege","content":"177 Parliamentary privilege\n(1) This section applies if, in the exercise of the commission’s functions,\na claim of parliamentary privilege is made.\n(2) The claim of parliamentary privilege must be dealt with by the\nNote 1 Until such time as the Assembly makes its own laws in relation to its\npowers, privileges and immunities the powers, privileges and immunities\nare the same as apply to the House of Representatives (see\nSelf-Government Act, s 24).\nNote 2 This Act does not affect the law relating to the privileges of the\n\nCommission—privilege Part 3.7\n","sortOrder":187},{"sectionNumber":"178","sectionType":"section","heading":"Parliamentary privilege—taken to be waived for MLAs’","content":"178 Parliamentary privilege—taken to be waived for MLAs’\ndeclarations of interests etc\n(1) The commission may use a relevant declaration for—\n(a) an investigation under chapter 3 (Commission—investigating\ncorrupt conduct) into whether a member of the Legislative\nAssembly publicly disclosed a matter, including the nature of\nthe matter; and\n(b) a finding, opinion or recommendation about the disclosure or\nnon-disclosure of the matter.\n(2) If the commission uses a relevant declaration under subsection (1),\nthe Legislative Assembly is taken to have waived any parliamentary\nprivilege that may apply to the relevant declaration.\nrelevant declaration means a declaration of pecuniary interests or\nother matters made (whether before or after the commencement of\nthis section) by a member of the Legislative Assembly in complying\nwith the standing orders of the Legislative Assembly.\n\n","sortOrder":188},{"sectionNumber":"179","sectionType":"section","heading":"Commission may make private recommendation at any","content":"179 Commission may make private recommendation at any\ntime\n(1) The commission may, at any time, make a private recommendation\nabout a matter arising out of an investigation to 1 or more of the\n(a) if the matter involves a Minister—the Chief Minister;\n(b) if the matter involves a member of the Legislative Assembly—\n(ii) the leader of the registered party to which the member\nbelongs;\n(c) if the matter involves a person who is a member of staff of an\nMLA—\n(ii) the member of the Legislative Assembly employing the\n(iii) the leader of the registered party to which the member\nemploying the person belongs;\n(d) if the matter involves a public sector entity—the head of the\npublic sector entity.\n(2) The private recommendation must state the action the commission\nconsiders should be taken.\n\nCommission—recommendations Part 3.8\n","sortOrder":189},{"sectionNumber":"180","sectionType":"section","heading":"Commission may require response to private","content":"180 Commission may require response to private\nrecommendation\n(1) The commission may require a person who has received a private\nrecommendation under section 179 to give a report to the\ncommission, within a stated reasonable time, stating—\n(a) whether or not the person has taken, or intends to take, the action\nrecommended by the commission; and\n(b) if the person has not taken the recommended action, or does not\nintend to take the recommended action—the reason for not\ntaking or intending to take the action.\n(2) The person must comply with the requirement.\n","sortOrder":190},{"sectionNumber":"181","sectionType":"section","heading":"Commission may make private recommendation public","content":"181 Commission may make private recommendation public\n(1) This section applies if the commission requires a person to give a\nreport to the commission within a stated time under section 180.\n(2) The commission may make the private recommendation public in an\ninvestigation report or commission annual report if—\n(a) the commission does not receive the report within the stated\ntime; or\n(b) if the commission receives the report within the stated time and\nhas considered any reasons stated in the report for the person not\ntaking the recommended action—the commission considers the\nperson has failed to take appropriate action in relation to the\nprivate recommendation.\n\nPart 3.9 Commission—completing an\ninvestigation and investigation\nNote The commission may, at any time during an investigation—\n• refer the matter to a referral entity under s 107\n• refer the matter to a prosecutorial body under s 111\n• make a private recommendation under s 177\n• give information about the investigation to people under s 197\n• provide a special report to the Legislative Assembly under s 206.\n","sortOrder":191},{"sectionNumber":"182","sectionType":"section","heading":"Investigation reports","content":"182 Investigation reports\n(1) After completing an investigation, the commission must prepare a\nreport of the investigation (an investigation report).\n(2) An investigation report may include the commission’s—\n(a) findings, opinions and recommendations; and\n(b) reasons for those findings, opinions and recommendations.\n","sortOrder":192},{"sectionNumber":"183","sectionType":"section","heading":"Investigation report—not to include findings of guilt etc","content":"183 Investigation report—not to include findings of guilt etc\nor recommendations about prosecution\n(1) The commission must not include in an investigation report a\nstatement of—\n(i) is guilty of or has committed, is committing or is about to\nor\n\n","sortOrder":193},{"sectionNumber":"184","sectionType":"section","heading":"Investigation report—not to include finding of corrupt","content":"184 Investigation report—not to include finding of corrupt\nconduct unless serious or systemic\n(1) The commission must not include in an investigation report a finding\nthat a stated person has engaged in, is engaging in, or is about to\nengage in, corrupt conduct unless the corrupt conduct is serious\ncorrupt conduct or systemic corrupt conduct.\n(2) However, the commission may include in an investigation report a\nfinding or opinion about conduct of a stated person that may be\ncorrupt conduct if the statement of the finding or opinion does not\ndescribe the conduct as corrupt conduct.\n","sortOrder":194},{"sectionNumber":"185","sectionType":"section","heading":"Investigation report—not to include information that may","content":"185 Investigation report—not to include information that may\nprejudice proceeding etc\nThe commission must not include in an investigation report any\ninformation that would—\n(a) compromise another investigation under this Act; or\n\n","sortOrder":195},{"sectionNumber":"186","sectionType":"section","heading":"Investigation report—not to include information","content":"186 Investigation report—not to include information\nidentifying certain people\nThe commission must not include in an investigation report any\ninformation that would identify a person who is not the subject of an\nadverse comment or opinion unless the commission—\n(c) states in the investigation report that the person is not the subject\nof any adverse comment or opinion.\n","sortOrder":196},{"sectionNumber":"187","sectionType":"section","heading":"Investigation report—not to include information contrary","content":"187 Investigation report—not to include information contrary\nto the public interest\n(1) The commission must not include information in an investigation\nreport if the commission considers that the disclosure of the\ninformation would, on balance, be contrary to the public interest.\nor\n\n(3) However, the commission may include in the investigation report\n","sortOrder":197},{"sectionNumber":"188","sectionType":"section","heading":"Investigation report—comments on proposed reports","content":"188 Investigation report—comments on proposed reports\n(1) This section applies if the commission is preparing an investigation\nincluded in an investigation report.\n\n","sortOrder":198},{"sectionNumber":"188A","sectionType":"section","heading":"Investigation report—considering comments on","content":"188A Investigation report—considering comments on\ninvestigation report under section 188, the commission—\n(a) must consider the comments in preparing the investigation\n(b) may include the comments as an attachment to the investigation\nwriting, before the investigation report is published, that the proposed\nreport is to be published unamended.\n","sortOrder":199},{"sectionNumber":"189","sectionType":"section","heading":"Investigation report—presentation to Legislative","content":"189 Investigation report—presentation to Legislative\nAssembly\n(1) If the Legislative Assembly is sitting when the commission completes\nan investigation report—\n(a) the commission must give the investigation report to the\nSpeaker; and\n(b) the Speaker must present the investigation report to the\nLegislative Assembly on the next sitting day.\n\n(2) If the Legislative Assembly is not sitting when the commission\ncompletes an investigation report—\n(a) the commission must give the report, and a copy for each\nmember of the Legislative Assembly, to the Speaker; and\nLegislative Assembly on the day the commission gives it to the\nand\nNote 1 If the Speaker is unavailable, see s 300.\nNote 2 The commission must also give the complainant etc a copy of the\ninvestigation report (see s 72, s 73 and s 74).\n(3) This section does not apply to a confidential investigation report.\n\n","sortOrder":200},{"sectionNumber":"190","sectionType":"section","heading":"Investigation report—publication on website","content":"190 Investigation report—publication on website\n(1) The commission must publish the investigation report on the\ncommission’s website as soon as practicable after giving the report to\nthe Speaker under section 189.\n(2) This section does not apply to a confidential investigation report.\n","sortOrder":201},{"sectionNumber":"191","sectionType":"section","heading":"Investigation report—Ministerial response about ACT","content":"191 Investigation report—Ministerial response about ACT\npublic service entity\n(a) an investigation report is presented to the Legislative Assembly\nunder section 189; and\n(b) the investigation report made a finding of serious or systemic\ncorrupt conduct in relation to an ACT public service entity.\n(2) Within 4 months after the day an investigation report is presented to\nthe Legislative Assembly, the Minister responsible for the ACT\npublic service entity must—\n(a) prepare a written response to the report; and\n(b) either—\n(i) present the response to the Legislative Assembly; or\n(ii) give the response, and a copy for each member of the\nAssembly, to the Speaker.\n(3) If the Minister gives the response to the Speaker—\n(a) publication of the response is taken to have been ordered by the\n(b) the Speaker must arrange for a copy of the response to be given\nto each member of the Legislative Assembly; and\n\n(c) the Speaker may give directions for the printing and circulation,\nand in relation to the publication, of the response; and\n(d) the Minister must present the response to the Legislative\nAssembly—on the second sitting day after the election.\n","sortOrder":202},{"sectionNumber":"192","sectionType":"section","heading":"Confidential investigation report","content":"192 Confidential investigation report\n(1) This section applies if the commission omits information from an\ninvestigation report under—\n(a) section 185 (Investigation report—not to include information\nthat may prejudice proceeding etc); or\n(b) section 186 (Investigation report—not to include information\nidentifying certain people); or\n(c) section 187 (Investigation report—not to include information\ncontrary to the public interest).\n(2) The commission may prepare a confidential investigation report that\nincludes the omitted information.\n(3) The commission must give the confidential investigation report to the\nrelevant Assembly committee.\n(4) A confidential investigation report presented to the committee is\ntaken for all purposes to have been referred to the committee by the\nLegislative Assembly for inquiry and any report that the committee\nconsiders appropriate.\n\nPart 3.10 Commission—secrecy and\ninformation sharing\n","sortOrder":203},{"sectionNumber":"193","sectionType":"section","heading":"Legal advice directions","content":"193 Legal advice directions\n(1) This section applies if the commission—\n(a) gives a person any of the following (the relevant document):\n(i) a confidentiality notice;\n(ii) a preliminary inquiry notice;\n(iii) an examination summons;\n(iv) information under—\n(A) section 188 (Investigation report—comments on\n(B) section 212 (Special report—comments on proposed\nreports); or\n(C) section 224 (Commission annual report—comments\non proposed reports); and\n(b) considers on reasonable grounds that an investigation or\nexamination could be prejudiced if the person sought legal\nadvice or representation in relation to the relevant document\nfrom a certain lawyer because the lawyer is—\n(i) a witness in an examination; or\n(ii) representing another witness in an examination; or\n(iii) involved, or suspected of being involved, in a matter being\ninvestigated by the commission or the inspector; or\n(iv) representing a person involved, or suspected of being\ninvolved, in a matter being investigated by the commission\nor the inspector.\n\n(2) The commission may, at any time, give the person a direction (a legal\nadvice direction) directing the person not to seek legal advice or\nrepresentation in relation to the relevant document from the stated\nlawyer.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) The person is bound by the legal advice direction from the time the\nperson receives the legal advice direction.\nNote The commission must report monthly to the inspector about legal advice\ndirections (see s 205).\n","sortOrder":204},{"sectionNumber":"194","sectionType":"section","heading":"Offence—fail to comply with legal advice direction","content":"194 Offence—fail to comply with legal advice direction\n(a) the commission gives the person a legal advice direction; and\n(b) the person fails to comply with the legal advice direction.\n(2) This section does not apply if the person has a reasonable excuse.\n","sortOrder":205},{"sectionNumber":"195","sectionType":"section","heading":"Public sector entity may disclose information to","content":"195 Public sector entity may disclose information to\n(1) The head of a public sector entity may disclose any information held\nby the public sector entity to the commission if the head considers\nthat—\ncommission; and\n(b) the disclosure of the information to the commission is\nappropriate.\n\n(2) However, the head of a public sector entity must not disclose any\nAssembly information held by the public sector entity to the\ncommission unless the Speaker has authorised the disclosure.\n(3) A head of a public sector entity who discloses information to the\ncommission under this section, and any person who assists the head\nin disclosing the information, has the same protection and immunity\nas a witness has in a proceeding in the Supreme Court.\n","sortOrder":206},{"sectionNumber":"196","sectionType":"section","heading":"Disclosure of information by commission","content":"196 Disclosure of information by commission\n(1) The commission may disclose any information that has been\ndisclosed to, or obtained by, the commission in the exercise of its\nfunctions under this Act to an information sharing entity if the\ncommission considers that—\ninformation sharing entity; and\n(b) the disclosure of the information to the information sharing\nentity is appropriate.\n(2) However, the commission must not give a video recording, or\ntranscript, of a person’s evidence at an examination to—\n(a) a law enforcement agency, unless the evidence is admissible in\na criminal proceeding against the person under section 176\n(Privileges against self-incrimination and exposure to civil\npenalty—use and derivative use immunity); or\n(b) a prosecutorial body, unless the evidence is admissible in a\ncriminal proceeding against the person under section 176; or\n(c) the public sector standards commissioner or the Legislative\nAssembly commissioner for standards, unless the evidence is\nadmissible in a disciplinary process or action against the person\nunder section 176; or\n\n(d) an employer of a person, unless the commission has made a\nfinding of serious corrupt conduct or systemic corrupt conduct\nin relation to the person.\ninformation sharing entity means any of the following:\n(a) an integrity body;\nNote The commission may conduct a joint investigation with an integrity\nbody under s 104.\n(b) a law enforcement agency;\nNote The commission may conduct a joint investigation with a law\nenforcement agency under s 104.\n(c) a prosecutorial body;\nNote The commission may refer a matter to a prosecutorial body under\ns 111.\n(d) a referral entity;\nNote The commission may refer a corruption report to a referral entity\nunder s 107.\n(e) the head of a public sector entity;\nNote The commission may work cooperatively with a public sector\nentity under s 55.\n(f) if the commission has entered into a memorandum of\nunderstanding or agreement with another entity under\nsection 56—the other entity;\n(g) if the commission dismisses a corruption report and gives the\ncorruption report to another entity under section 71—the other\nentity;\n(h) if the commission discontinues an investigation and gives the\ncorruption report to another entity under section 112—the other\nentity.\n\n","sortOrder":207},{"sectionNumber":"197","sectionType":"section","heading":"Information about investigation may be given to certain","content":"197 Information about investigation may be given to certain\npeople\n(1) The commission may give information about the commencement,\nconduct or results of an investigation to 1 or more of the following:\n(a) if the investigation involves a Minister—the Chief Minister;\n(b) if the investigation involves a member of the Legislative\n(ii) the leader of the registered party to which the member\nbelongs;\n(c) if the matter involves a person who is a member of staff of an\nMLA—\n(ii) the member of the Legislative Assembly employing the\n(iii) the leader of the registered party to which the member\nemploying the person belongs;\n(d) if the investigation involves a public sector entity—the head of\nthe public sector entity.\n(2) The information may include information about—\n(a) any action taken by the commission; and\n(b) any recommendation by the commission that any action or\nfurther action be taken.\n\n(3) However, the commission must not give a person information under\nthis section if the commission considers that giving the information\nwould—\n(a) not be in the public interest or in the interests of justice; or\n(b) put a person’s safety at risk; or\n(c) cause unreasonable damage to a person’s reputation; or\n(d) prejudice an investigation under this Act or an investigation by\nthe Australian Federal Police; or\n(e) be likely to lead to the disclosure of any secret investigative\nmethod used by the commission or a police officer; or\n(f) contravene a statutory secrecy obligation; or\n(g) involve the unreasonable disclosure of information relating to\nthe personal affairs of a person.\nthe information (see s 198).\n","sortOrder":208},{"sectionNumber":"198","sectionType":"section","heading":"Commission must give non-disclosure notice when","content":"198 Commission must give non-disclosure notice when\ngiving information\n(1) This section applies if the commission gives a person information\n(a) section 72 (Commission must keep complainant informed); or\n(b) section 73 (Commission must keep referring entity informed);\nor\n(c) section 74 (Commission must keep notifier informed); or\n(d) section 188 (2), (3) or (6) (Investigation report—comments on\n(e) section 197 (1) (Information about investigation may be given\nto certain people); or\n\n(f) section 212 (2), (3) or (6) (Special report—comments on\n(g) section 224 (2), (3) or (6) (Commission annual report—\ncomments on proposed reports).\n(2) The commission must also give the person a notice (a non-disclosure\nnotice) about the information, setting out the following:\n(a) that disclosure of the information may be an offence and\n(b) that certain kinds of disclosures may be permitted disclosures;\nNote Permitted disclosure—see s 199.\n(c) a statement of the permitted disclosures and any prohibited\nNote Prohibited disclosure—see s (3).\n(d) an explanation of the effect of section 200 (Non-disclosure\nnotices—expiry).\n(3) However, the commission need not give a person a non-disclosure\nnotice if the commission is only—\n(a) telling the person that their corruption complaint is dismissed\nunder section 72 (1) (a), section 73 (a) or section 74 (a); or\n(b) giving the person information about the progress of an\ninvestigation under section 72 (1) (c) or section 74 (c), and the\n(i) has previously given the person information about the\nprogress of the investigation, including a non-disclosure\nnotice about the information, and the non-disclosure notice\nhas not expired or been revoked; and\n\n(ii) tells the person that the previous non-disclosure notice\ncontinues to operate, and also applies to the new\nNote The commission must give the person a progress update at least\nonce every 3 months under s 72 (1) (c) and s 74 (c).\n(4) In preparing a non-disclosure notice about the information, the\ncommission may decide that a certain kind of permitted disclosure of\nthe information must be prohibited (a prohibited disclosure) because\nthe disclosure would be likely to prejudice—\n","sortOrder":209},{"sectionNumber":"199","sectionType":"section","heading":"Meaning of permitted disclosure of information—pt 3.10","content":"199 Meaning of permitted disclosure of information—pt 3.10\npermitted disclosure of information, by a person, means a disclosure\nof information mentioned in a non-disclosure notice, that is—\n(a) made by the person—\nthe information in the non-disclosure notice without\n\n(b) made by the person to obtain legal advice or representation in\nprivileges under this Act, including in relation to the\n(c) made by a lawyer who has received a disclosure under\nparagraph (b), to comply with a legal duty of disclosure or a\n(d) made by the person to their insurer, if the person has made a\nclaim about a matter related to the information mentioned in the\nnon-disclosure notice under either of the following Acts:\n(e) already published by the commission in a report or otherwise\nmade public under this Act; or\n(f) made by the person in making a complaint about the commission\nor commission personnel to the inspector under section 257\n(Inspector—making a complaint to the inspector); or\n(g) otherwise authorised or required under this Act.\n\n","sortOrder":210},{"sectionNumber":"200","sectionType":"section","heading":"Non-disclosure notices—expiry","content":"200 Non-disclosure notices—expiry\nA non-disclosure notice given to a person expires on the earliest of\n(a) if the commission revokes the non-disclosure notice—the day\nthe commission gives the person a notice about the revocation;\n(b) 3 years after the day the non-disclosure notice was issued.\n","sortOrder":211},{"sectionNumber":"201","sectionType":"section","heading":"Offences—disclose information received from the","content":"201 Offences—disclose information received from the\n(a) the person is given information under—\n(i) section 72 (Commission must keep complainant\n(ii) section 73 (Commission must keep referring entity\n(iii) section 74 (Commission must keep notifier informed); or\n(iv) section 188 (2), (3) or (6) (Investigation report—comments\non proposed reports); or\n(v) section 197 (1) (Information about investigation may be\ngiven to certain people); or\n(vi) section 212 (2), (3) or (6) (Special report—comments on\n(vii) section 224 (2), (3) or (6) (Commission annual report—\ncomments on proposed reports); and\n\n(b) the person is—\n(i) given a non-disclosure notice about the information under\nsection 198 (2); or\n(ii) told that a previous non-disclosure notice applies to the\nnew information under section 198 (3) (b) (ii); and\ndisclosure in the non-disclosure notice; and\ndisclosure of the information by the recipient; and\n(ii) gives the recipient a copy of the non-disclosure notice\nabout the information.\n(a) a permitted disclosure of information is made to the person; and\n(b) the person receives a copy of a non-disclosure notice about the\ninformation with the permitted disclosure; and\n\n","sortOrder":212},{"sectionNumber":"202","sectionType":"section","heading":"Evidence in court proceedings","content":"202 Evidence in court proceedings\n(a) a person is a party to a court proceeding (whether civil or\ncriminal); and\n(b) the court considers it desirable that particular evidence given to\nthe commission be made available to a party to the proceeding;\nand\n(c) the person is prohibited by this Act from disclosing the\nevidence.\n(2) After giving the commission a reasonable opportunity to appear and\nmake representations about the evidence, the court may order that the\ncommission make the evidence available to the court.\n(3) If the court has examined the evidence and is satisfied that it is in the\ninterests of justice to make the evidence available to the party, the\ncourt may make the evidence available to the party.\n\n","sortOrder":213},{"sectionNumber":"203","sectionType":"section","heading":"Outcome of prosecutions and termination action to be","content":"203 Outcome of prosecutions and termination action to be\npublished\n(a) the commission publishes in an investigation report or\ncommission annual report—\n(i) a finding or opinion that a person has engaged in, is\nengaging in, or is about to engage in, corrupt conduct; or\n(ii) a comment or opinion which is adverse to a person; and\n(b) the person is subsequently—\n(i) prosecuted for an offence arising out of the investigation;\nor\n(ii) the subject of termination action arising out of the\n(2) The commission must publish the outcome of the prosecution, or\ntermination action, on the commission’s website.\n","sortOrder":214},{"sectionNumber":"204","sectionType":"section","heading":"Reputational repair protocols","content":"204 Reputational repair protocols\n(1) The commission must make protocols (the reputational repair\nprotocols) about how the commission is to deal with damage to a\nperson’s reputation if—\n(a) the commission publishes in an investigation report, special\nreport or commission annual report—\n(i) a finding or opinion that a person has engaged in, is\nengaging in, or is about to engage in, corrupt conduct; or\n(ii) a comment or opinion which is adverse to a person; and\n\nCommission—outcomes Part 3.11\n(b) any of the following happens:\n(i) the matter is referred to a prosecutorial body but the person\nis not prosecuted for an offence arising out of the\ninvestigation;\n(ii) the matter is referred to a prosecutorial body, the person is\nprosecuted for an offence arising out of the investigation\nand—\n(A) the prosecution is discontinued or dismissed; or\n(B) the person is found not guilty of the offence; or\n(C) the person is convicted of the offence but the\nconviction is quashed, nullified or set aside; or\n(D) the person is otherwise cleared of wrongdoing;\n(iii) the person is the subject of termination action arising out\nof the investigation and the person is cleared of\nwrongdoing.\n(2) The reputational repair protocols are a notifiable instrument.\n\n","sortOrder":215},{"sectionNumber":"Part 4","sectionType":"part","heading":"1 Commission—monthly reports to","content":"Part 4.1 Commission—monthly reports to\n","sortOrder":216},{"sectionNumber":"205","sectionType":"section","heading":"Commissioner—monthly reports to inspector","content":"205 Commissioner—monthly reports to inspector\nThe commissioner must give a written report to the inspector at the\nend of each month including the following for the month:\n(a) a copy of each confidentiality notice given to a person under—\n(i) section 78 (Confidentiality notices for preliminary\ninquiries); or\n(ii) section 79 (Confidentiality notices for investigations);\n(b) a copy of each notice revoking a confidentiality notice given to\na person under section 82 (Confidentiality notices—amendment\nand revocation);\n(c) a copy of each application made to the Supreme Court under\nsection 83 (1) (Confidentiality notices—extension);\n(d) a copy of each order extending a confidentiality notice made by\nthe Supreme Court under section 83 (2);\n(e) for each preliminary inquiry notice issued under section 90\n(Power to issue preliminary inquiry notice)—\n(i) the name of the person to whom the notice was directed;\nand\n(ii) the reasons why the notice was issued;\n(f) a copy of each extension notice given to a person under\nsection 94A (2) (Preliminary inquiry notice—extension);\n\nCommission—monthly reports to inspector Part 4.1\n(g) for each public examination held under section 140 (Power to\nhold examination)—\n(i) the investigation to which the examination relates; and\n(ii) the name of each person appearing at the examination;\n(h) a copy of each notice given to the inspector under\nsection 144 (1) (Commission must notify inspector of public\nexamination);\n(i) for each examination summons issued under section 147 (Power\nto issue examination summons)—\n(i) the name of the person summoned; and\n(ii) the reasons why the examination summons was issued;\n(j) a copy of each extension notice given to a person under\nsection 156A (2) (Examination summons—extension);\n(k) for each examination that is video recorded under section 158\n(Examination—video recording and transcript)—a copy of the\nvideo recording and any transcript created;\n(l) for each arrest warrant issued under section 159 (Examination—\nwarrant to arrest witness who fails to appear)—\n(i) the name of the person named in the warrant; and\n(ii) the reasons why the commission applied for the warrant;\n(m) for each application to the Supreme Court for a person to be\ndealt with for contempt under section 167 (Commission may\napply to Supreme Court to deal with contempt)—\n(i) the name of the person; and\n(ii) a copy of the contempt certificate;\n\n(n) for each legal advice direction issued under section 193 (Legal\nadvice directions)—\n(i) a copy of the direction; and\n(ii) the reasons for the direction; and\n(iii) the factors taken into consideration in making the direction.\n\n","sortOrder":217},{"sectionNumber":"206","sectionType":"section","heading":"Special reports","content":"206 Special reports\nThe commission may, at any time, prepare a report (a special report)\nfor the Legislative Assembly on any matter relating to the exercise of\nthe commission’s functions, including administrative and general\npolicy matters.\n","sortOrder":218},{"sectionNumber":"207","sectionType":"section","heading":"Special report—not to include findings of guilt etc or","content":"207 Special report—not to include findings of guilt etc or\nrecommendations about prosecution\n(1) The commission must not include in a special report a statement of—\n(i) is guilty of or has committed, is committing, or is about to\nor\n\n","sortOrder":219},{"sectionNumber":"208","sectionType":"section","heading":"Special report—not to include finding of corrupt conduct","content":"208 Special report—not to include finding of corrupt conduct\nunless serious or systemic\n(1) The commission must not include in a special report a finding that a\nstated person has engaged in, is engaging in, or is about to engage in,\ncorrupt conduct unless the corrupt conduct is serious corrupt conduct\nor systemic corrupt conduct.\n(2) However, the commission may include in a special report a finding\nor opinion about conduct of a stated person that may be corrupt\nconduct if the statement of the finding or opinion does not describe\nthe conduct as corrupt conduct.\n","sortOrder":220},{"sectionNumber":"209","sectionType":"section","heading":"Special report—not to include information that may","content":"209 Special report—not to include information that may\nprejudice proceeding etc\nThe commission must not include in a special report any information\nthat would—\n(a) compromise an investigation under this Act; or\n","sortOrder":221},{"sectionNumber":"210","sectionType":"section","heading":"Special report—not to include information identifying","content":"210 Special report—not to include information identifying\ncertain people\nThe commission must not include in a special report any information\nthat would identify a person who is not the subject of an adverse\ncomment or opinion unless the commission—\n\n(c) states in the special report that the person is not the subject of\nany adverse comment or opinion.\n","sortOrder":222},{"sectionNumber":"211","sectionType":"section","heading":"Special report—not to include information contrary to the","content":"211 Special report—not to include information contrary to the\npublic interest\n(1) The commission must not include information in a special report if\nthe commission considers that the disclosure of the information\nor\n(3) However, the commission may include in the special report\n","sortOrder":223},{"sectionNumber":"212","sectionType":"section","heading":"Special report—comments on proposed reports","content":"212 Special report—comments on proposed reports\n(1) This section applies if the commission is preparing a special report\n(the proposed report).\n\nincluded in a special report.\n","sortOrder":224},{"sectionNumber":"212A","sectionType":"section","heading":"Special report—considering comments on proposed","content":"212A Special report—considering comments on proposed\nspecial report under section 212, the commission—\n(a) must consider the comments in preparing the special report; and\n(b) may include the comments as an attachment to the special\n\nwriting, before the special report is published, that the proposed\nreport is to be published unamended.\n","sortOrder":225},{"sectionNumber":"213","sectionType":"section","heading":"Special report—presentation to Legislative Assembly","content":"213 Special report—presentation to Legislative Assembly\n(1) If the Legislative Assembly is sitting when the commission completes\na special report—\n(a) the commission must give the special report to the Speaker; and\n(b) the Speaker must present the special report to the Legislative\nAssembly on the next sitting day.\n(2) If the Legislative Assembly is not sitting when the commission\ncompletes a special report—\n(a) the commission must give the report, and a copy for each\nmember of the Legislative Assembly, to the Speaker; and\nLegislative Assembly on the day the commission gives it to the\nand\n\n(3) This section does not apply to a confidential special report.\n","sortOrder":226},{"sectionNumber":"214","sectionType":"section","heading":"Special report—publication on website","content":"214 Special report—publication on website\n(1) The commission must publish the special report on the commission’s\nwebsite as soon as practicable after giving the report to the Speaker\nunder section 213.\n(2) This section does not apply to a confidential special report.\n","sortOrder":227},{"sectionNumber":"215","sectionType":"section","heading":"Special report—Ministerial response about ACT public","content":"215 Special report—Ministerial response about ACT public\nservice entity\n(a) a special report is presented to the Legislative Assembly under\nsection 213; and\n(b) the special report made a finding of serious or systemic corrupt\nconduct in relation to an ACT public service entity.\n(2) Within 4 months after the day a special report is presented to the\nLegislative Assembly, the Minister responsible for the ACT public\nservice entity must—\n(a) prepare a written response to the report; and\n(b) either—\n(i) present the response to the Legislative Assembly; or\n(ii) give the response, and a copy for each member of the\nAssembly, to the Speaker.\n\n(3) If the Minister gives the response to the Speaker—\n(a) publication of the response is taken to have been ordered by the\n(b) the Speaker must arrange for a copy of the response to be given\nto each member of the Legislative Assembly; and\n(c) the Speaker may give directions for the printing and circulation,\nand in relation to the publication, of the response; and\n(d) the Minister must present the response to the Legislative\nAssembly—on the second sitting day after the election.\n","sortOrder":228},{"sectionNumber":"216","sectionType":"section","heading":"Confidential special report","content":"216 Confidential special report\n(1) This section applies if the commission omits information from a\nspecial report under—\n(a) section 209 (Special report—not to include information that\nmay prejudice proceeding etc); or\n(b) section 210 (Special report—not to include information\nidentifying certain people); or\n(c) section 211 (Special report—not to include information contrary\nto the public interest).\n(2) The commission may prepare a confidential special report that\nincludes the omitted information.\n(3) The commission must give the confidential special report to the\nrelevant Assembly committee.\n\n(4) A confidential special report presented to the committee is taken for\nall purposes to have been referred to the committee by the Legislative\nAssembly for inquiry and any report that the committee considers\nappropriate.\n\n","sortOrder":229},{"sectionNumber":"217","sectionType":"section","heading":"Meaning of commission annual report","content":"217 Meaning of commission annual report\ncommission annual report means a report by the commission under\nthe Annual Reports (Government Agencies) Act 2004, section 7A\n(Officer of the Assembly annual report).\n","sortOrder":230},{"sectionNumber":"218","sectionType":"section","heading":"Commission annual report—content","content":"218 Commission annual report—content\n(1) A commission annual report must include a statement of the number\nof each of the following for the year:\n(a) conflicts of interest reported to the Speaker and inspector under\nsection 31 (Commissioner—must avoid conflict of interest);\n(b) corruption complaints made to the commission under section 57\n(Anyone may make corruption complaint) including the\n(i) a description of each corruption complaint;\n(ii) the time taken to deal with each corruption complaint;\n(iii) the average time taken to deal with corruption complaints;\n(c) corruption complaints referred to the commission under\nsection 59 (Other entities may refer corruption complaints),\nincluding a description of each complaint;\n(d) disclosures under the Public Interest Disclosure Act 2012 taken\nto be corruption complaints under section 59A (Certain\ndisclosures under Public Interest Disclosure Act 2012 may be\ncorruption complaints), including a description of each\ndisclosure;\n(e) corruption complaints withdrawn under section 60 (Withdrawal\nof corruption complaints);\n\n(f) mandatory corruption notifications made by heads of public\nsector entities under section 61 (Meaning of mandatory\ncorruption notification), including a description of each matter\nnotified;\n(g) corruption reports dismissed under section 71 (When corruption\nreports must be dismissed) including—\n(ii) the number of reports given to another entity under\nsection 71 (4);\n(h) confidentiality notices issued under section 78 (Confidentiality\nnotices for preliminary inquiries) and section 79\n(Confidentiality notices for investigations);\n(i) preliminary inquiries carried out under—\n(i) section 86 (Preliminary inquiries about corruption reports);\nand\n(ii) section 87 (Preliminary inquiries about own initiative\nmatters);\n(j) days during the year spent conducting preliminary inquiries;\n(k) preliminary inquiry notices issued under section 90 (Power to\nissue preliminary inquiry notice);\n(l) extensions of time to comply with a preliminary enquiry notice\ngiven under section 94A (Preliminary inquiry notice—\nextension);\n(m) investigations conducted under section 100 (Commission may\ninvestigate corruption report) including—\n(i) for each corruption report investigated—\n(A) a description of the matter investigated; and\n\n(B) the number of days between the day the commission\nreceived the corruption report and the day the\ncommission decided to conduct the investigation; and\n(ii) the number of investigations commenced but not\ncompleted during the year;\n(n) investigations conducted under section 101 (Commission may\ninvestigate on own initiative), including a description of each\nmatter investigated;\n(o) joint investigations conducted under section 104 (Investigation\nmay be conducted as joint investigation);\n(p) corruption reports referred to any of the following entities:\n(i) the inspector under section 105 (Commission must refer\ncorruption reports about staff to inspector);\n(ii) a referral entity under section 107 (Commission may refer\ncorruption reports to referral entity), and the number\nwithdrawn under section 109 (Referral to referral entity—\nwithdrawal of referral);\n(iii) the judicial council or a judicial commission under\nsection 110 (Commission may refer reports to judicial\ncouncil or judicial commission);\n(iv) a prosecutorial entity under section 111 (Commission may\nrefer matters to prosecutorial body);\n(q) investigations discontinued under section 112 (1)\n(Discontinuing an investigation), including—\n(ii) the number of reports given to another entity under\nsection 112 (2);\n(r) search warrants issued under section 122 (Warrants—\ngenerally);\n\n(s) examinations held under section 140 (Power to hold\nexamination), including—\n(i) the number of public examinations under section 143\n(Examinations may be public or private); and\n(ii) the number of days during the year spent conducting\nexaminations;\n(t) examination summonses issued under section 147 (Power to\nissue examination summons);\n(u) suppression orders issued under section 154 (Examination—\ncommission may issue suppression order);\n(v) extensions of time to comply with an examination summons\ngiven under section 156A (Examination summons—extension);\n(w) arrest warrants issued under section 159 (Examination—\nwarrant to arrest witness who fails to appear);\n(x) applications for contempt of the commission made under\nsection 167 (Commission may apply to Supreme Court to deal\nwith contempt);\n(y) private recommendations made under section 179 (Commission\nmay make private recommendation at any time);\n(z) investigation reports presented to the Legislative Assembly\nunder section 189 (Investigation report—presentation to\nLegislative Assembly) including, for each investigation\ncompleted during the year—the number of days between the day\nthe investigation was completed and the day the investigation\nreport was presented to the Legislative Assembly;\n\n(za) confidential investigation reports given to the relevant\nAssembly committee under section 192 (Confidential\ninvestigation report) including, for each investigation completed\nduring the year—the number of days between the day the\ninvestigation was completed and the day the confidential\ninvestigation report was given to the relevant Assembly\ncommittee;\n(zb) legal advice directions made under section 193 (Legal advice\ndirections);\n(zc) information sharing entities to whom the commission has\ndisclosed information under section 196 (Disclosure of\ninformation by commission) including the general nature and\nextent of the information disclosed;\n(zd) prosecutions and termination actions arising out of\ninvestigations including the number of—\n(i) outcomes published under section 203 (Outcome of\nprosecutions and termination action to be published); and\n(ii) reputational damage matters dealt with under section 204\n(Reputational repair protocols);\n(ze) special reports presented to the Legislative Assembly under\nsection 213 (Special report—presentation to Legislative\n(zf) confidential special reports given to the relevant Assembly\ncommittee under section 216 (Confidential special report);\n(zg) times the commission exercised functions under the following\nlegislation:\n(i) Crimes (Assumed Identities) Act 2009;\n(ii) Crimes (Controlled Operations) Act 2008;\n(iii) Crimes (Protection of Witness Identity) Act 2011;\n\n(iv) Crimes (Surveillance Devices) Act 2010.\nNote The commission annual report must be presented to the Legislative\nAssembly under the Annual Reports (Government Agencies) Act 2004,\ns 15.\n(2) A commission annual report must also include the following:\n(a) any recommendations for change to territory laws, or for\nadministrative action, that the commission considers should be\nmade as a result of the exercise of its functions;\n(b) a description of the commission’s activities during the year in\nrelation to its educating and advising functions.\n(3) If the commissioner considers that compliance with the Annual\nReports (Government Agencies) Act 2004 would prejudice the\ncommissioner’s independence, the commissioner is not required to\ncomply with that Act to that extent.\n","sortOrder":231},{"sectionNumber":"219","sectionType":"section","heading":"Commission annual report—not to include findings of","content":"219 Commission annual report—not to include findings of\nguilt etc or recommendations about prosecution\n(1) The commission must not include in a commission annual report a\nstatement of—\n(i) is guilty of or has committed, is committing or is about to\nor\n\n","sortOrder":232},{"sectionNumber":"220","sectionType":"section","heading":"Commission annual report—not to include finding of","content":"220 Commission annual report—not to include finding of\ncorrupt conduct unless serious or systemic\n(1) The commission must not include in a commission annual report a\nfinding that a stated person has engaged in, is engaging in, or is about\nto engage in, corrupt conduct unless the corrupt conduct is serious\ncorrupt conduct or systemic corrupt conduct.\n(2) However, the commission may include in a commission annual report\na finding or opinion about conduct of a stated person that may be\ncorrupt conduct if the statement of the finding or opinion does not\ndescribe the conduct as corrupt conduct.\n","sortOrder":233},{"sectionNumber":"221","sectionType":"section","heading":"Commission annual report—not to include information","content":"221 Commission annual report—not to include information\nthat may prejudice proceeding etc\nThe commission must not include in a commission annual report any\ninformation that would—\n(a) compromise an investigation under this Act; or\n","sortOrder":234},{"sectionNumber":"222","sectionType":"section","heading":"Commission annual report—not to include information","content":"222 Commission annual report—not to include information\nidentifying certain people\nThe commission must not include in a commission annual report any\ninformation that would identify a person who is not the subject of an\nadverse comment or opinion unless the commission—\n\n(c) states in the commission annual report that the person is not the\nsubject of any adverse comment or opinion.\n","sortOrder":235},{"sectionNumber":"223","sectionType":"section","heading":"Commission annual report—not to include information","content":"223 Commission annual report—not to include information\n(1) The commission must not include information in a commission\nannual report if the commission considers that the disclosure of the\ninformation would, on balance, be contrary to the public interest.\nor\n(3) However, the commission may include in the commission annual\nreport information mentioned in subsection (1) if satisfied the\nsubstance of the information is public knowledge.\n","sortOrder":236},{"sectionNumber":"224","sectionType":"section","heading":"Commission annual report—comments on proposed","content":"224 Commission annual report—comments on proposed\n(1) This section applies if the commission is preparing a commission\nannual report (the proposed report).\n\nincluded in a commission annual report.\n","sortOrder":237},{"sectionNumber":"224A","sectionType":"section","heading":"Commission annual report—considering comments on","content":"224A Commission annual report—considering comments on\ncommission annual report under section 224, the commission—\n(a) must consider the comments in preparing the commission\nannual report; and\n(b) may include the comments as an attachment to the commission\nannual report.\n\nwriting, before the commission annual report is published, that the\n\nInspector—independence and functions Division 5.1.1\n","sortOrder":238},{"sectionNumber":"Div 5","sectionType":"division","heading":"1.1 Inspector—independence and","content":"Division 5.1.1 Inspector—independence and\nfunctions\n","sortOrder":239},{"sectionNumber":"225","sectionType":"section","heading":"Inspector—officer of the Legislative Assembly","content":"225 Inspector—officer of the Legislative Assembly\n(1) The inspector is an independent officer of the Legislative Assembly.\n(2) The functions, powers, rights, immunities and obligations of the\ninspector are as stated in this Act and any other law in force in the\nNote A law in force in the Territory includes a territory law and a\nCommonwealth law.\n(3) There are no implied functions, powers, rights, immunities or\nobligations arising from the inspector being an independent officer of\nthe Legislative Assembly.\n(4) The powers of the Legislative Assembly to act in relation to the\ninspector are as stated in this Act and any other law in force in the\n(5) In subsection (4):\nLegislative Assembly includes—\n(a) the members of the Legislative Assembly; and\n(b) the committees of the Legislative Assembly.\n(6) There are no implied powers of the Legislative Assembly arising\nfrom the inspector being an independent officer of the Legislative\nAssembly.\n\nDivision 5.1.1 Inspector—independence and functions\n","sortOrder":240},{"sectionNumber":"226","sectionType":"section","heading":"Inspector—independence","content":"226 Inspector—independence\nSubject to this Act and to other territory laws, the inspector has\ncomplete discretion in the exercise of the inspector’s functions.\n","sortOrder":241},{"sectionNumber":"227","sectionType":"section","heading":"Inspector—functions","content":"227 Inspector—functions\n(1) The functions of the inspector are—\n(a) to assess and report on the commission’s compliance with this\nAct and any memorandums of understanding or agreements\nentered into under this Act; and\n(b) to receive, investigate and assess complaints about the\ncommission and members of staff of the commission; and\n(c) to make recommendations to the commission or public bodies\nabout practices or procedures in relation to the performance of\nfunctions under this Act; and\n(d) any other functions given to the inspector under this Act or\nanother territory law.\n(2) The inspector is not subject to direction from anyone in relation to the\nexercise of the inspector’s functions.\n","sortOrder":242},{"sectionNumber":"228","sectionType":"section","heading":"Inspector—powers","content":"228 Inspector—powers\nThe inspector—\n(a) may investigate any aspect of the commission’s operations or\nany conduct of the commissioner or the staff of the commission;\nand\n(b) is entitled to full access to the records of the commission and to\ntake, or have copies made of, any of the records; and\n(c) may require the commissioner or the staff of the commission to\nprovide information or produce documents or other things about\nany matter, or any class of matters, relating to—\n(i) the commission’s operations; or\n\n(ii) the conduct of the commissioner or the staff of the\ncommission; and\n(d) may refer matters relating to the commissioner or the staff of the\ncommission to another public sector entity or public official for\nconsideration or action; and\n(e) may recommend disciplinary action or criminal prosecution\nagainst the commissioner or the staff of the commission.\n","sortOrder":243},{"sectionNumber":"229","sectionType":"section","heading":"Inspector—ombudsman to be inspector until other","content":"229 Inspector—ombudsman to be inspector until other\nappointment made\nThe ombudsman is the inspector until an appointment is made under\nsection 230.\nNote The person holding office as the Commonwealth ombudsman is taken to\nbe the ombudsman until an appointment is made under the Ombudsman\nAct 1989, s 22 (see A.C.T. Self-Government (Consequential Provisions)\nAct 1988 (Cwlth), s 28).\n","sortOrder":244},{"sectionNumber":"230","sectionType":"section","heading":"Inspector—appointment","content":"230 Inspector—appointment\n(1) The Speaker may, on behalf of the Territory, appoint a person who is\nnot the ombudsman as inspector of the commission.\n(2) The appointment must be made—\n(a) in consultation with—\n\n(b) in accordance with the inspector selection criteria and process\ndetermination.\nNote Inspector selection criteria and process determination—\nsee s 232.\n(3) However, the Speaker must not appoint a person as inspector\nunless—\n(a) satisfied that the person has extensive knowledge of, and\nexperience in—\n(i) criminal investigation or criminal adjudication; or\n(ii) law enforcement or the conduct of investigations; or\n(iii) public administration, governance or government; and\n(b) the Legislative Assembly has approved the appointment, by\nresolution passed by a majority of at least 2/3 of the members.\n(4) The appointment is a disallowable instrument.\nNote 2 If an inspector is not appointed under this section, the Speaker must\narrange for another person to exercise the functions of the inspector\n(see s 247).\n","sortOrder":245},{"sectionNumber":"231","sectionType":"section","heading":"Inspector—eligibility for appointment","content":"231 Inspector—eligibility for appointment\n(1) The Speaker may appoint a person as the inspector only if the person\nhas been—\n(a) a judge of the Supreme Court; or\n(b) a judge of the Supreme Court of a State or another territory; or\n(c) a judge of the Federal Court; or\n(d) a justice of the High Court; or\n(e) a lawyer for at least 10 years.\n\n(2) However, the Speaker must not appoint a person as the inspector if\n(a) is or has been—\n(ii) the CEO of the commission; or\n(c) is or has, in the 5 years immediately before the day of the\nproposed appointment, been a public servant; or\n(d) is or has, in the 5 years immediately before the day of the\nproposed appointment, been a member of—\n(i) a registered party; or\n(ii) a political party registered under a law of the\nCommonwealth, a State or another territory; or\n(iii) a political party; or\n(e) has been convicted—\n\n","sortOrder":246},{"sectionNumber":"232","sectionType":"section","heading":"Inspector—selection criteria and process","content":"232 Inspector—selection criteria and process\n(1) Before the Speaker appoints a person under section 230, the Speaker\nmust make a determination (an inspector selection criteria and\nprocess determination) about—\n(a) the criteria that apply to the selection of a person for\nappointment as inspector; and\n(b) the process for selecting the person.\n(2) In making an inspector selection criteria and process determination,\nthe Speaker must—\n(a) consult—\n(b) ensure the selection process is open, accountable and\ncompetitive; and\n(c) have regard to any selection criteria determined under the\nSupreme Court Act 1933, section 4AA (Requirements of\nappointment—resident judges).\n(3) An inspector selection criteria and process determination is a\ndisallowable instrument.\n\n","sortOrder":247},{"sectionNumber":"233","sectionType":"section","heading":"Inspector—length of appointment","content":"233 Inspector—length of appointment\nThe inspector must not be appointed for longer than 7 years.\n","sortOrder":248},{"sectionNumber":"234","sectionType":"section","heading":"Inspector—terms of appointment","content":"234 Inspector—terms of appointment\n(1) The inspector is appointed on the terms (if any) in relation to matters\nnot provided for by this part or a determination under the\nRemuneration Tribunal Act 1995 that are prescribed by the\nmanagement standards under the Public Sector Management\n(2) This section does not apply to a person holding the office of inspector\nunder section 229 (Inspector—ombudsman to be inspector until other\nappointment made).\n","sortOrder":249},{"sectionNumber":"235","sectionType":"section","heading":"Inspector—oath or affirmation of office","content":"235 Inspector—oath or affirmation of office\nBefore a person is appointed as inspector, the person must take an\noath of office, or make an affirmation of office, before the Speaker.\nNote For the form of the oath and affirmation of office, see the Oaths and\nAffirmations Act 1984, s 6 and sch 1.\n","sortOrder":250},{"sectionNumber":"236","sectionType":"section","heading":"Inspector—disclosure of interests","content":"236 Inspector—disclosure of interests\nThe inspector must give a written statement of their financial and\nother personal interests to the Speaker within 5 business days after—\n(a) the day the inspector is appointed; and\n(b) the first day of each financial year; and\n(c) the day there is a change in the interest.\nNote The inspector must take all reasonable steps to avoid a conflict of interest\n(see Public Sector Management Act 1994, s 9).\n\n","sortOrder":251},{"sectionNumber":"237","sectionType":"section","heading":"Inspector—must not do inconsistent work etc","content":"237 Inspector—must not do inconsistent work etc\nThe inspector must not—\n(a) have paid employment that is inconsistent with the inspector’s\n(b) engage in any unpaid activity that is inconsistent with the\ninspector’s functions.\n","sortOrder":252},{"sectionNumber":"238","sectionType":"section","heading":"Inspector—resignation","content":"238 Inspector—resignation\nThe inspector may resign by giving a signed notice of resignation to\nthe Speaker.\n","sortOrder":253},{"sectionNumber":"239","sectionType":"section","heading":"Inspector—retirement","content":"239 Inspector—retirement\n(1) The Speaker may retire the inspector on the ground of physical or\nmental incapacity if—\n(a) the incapacity substantially affects the exercise of the\ninspector’s functions; and\n(b) the inspector consents to the retirement.\n(2) However, the inspector must not be retired on the ground of invalidity\nunless—\n(a) if the inspector is an eligible employee for the Superannuation\nAct 1976 (Cwlth)—\n(i) the inspector is under the inspector’s maximum retiring age\nwithin the meaning of that Act; and\nSuperannuation Board of Trustees No 2 under that Act,\nsection 54C for the inspector; or\n\n(b) if the inspector is a member of the superannuation scheme\nestablished under the Superannuation Act 1990 (Cwlth)—\n(i) the inspector is under 60 years old; and\nsection 13 for the inspector; or\n(c) if the inspector is an ordinary employer-sponsored member of\nPSSAP within the meaning of the Superannuation Act 2005\n(Cwlth)—\n(i) the inspector is under 60 years old; and\nsection 43 for the inspector.\ninvalidity means—\n(a) for an eligible employee for the Superannuation Act 1976\n(Cwlth)—invalidity under that Act; or\n(b) for a member of the superannuation scheme established under\nthe Superannuation Act 1990 (Cwlth)—invalidity under that\n(c) for an ordinary employer-sponsored member of PSSAP within\nthe meaning of the Superannuation Act 2005 (Cwlth)—\ninvalidity under that Act.\nphysical or mental incapacity includes invalidity.\n\n","sortOrder":254},{"sectionNumber":"240","sectionType":"section","heading":"Inspector—suspension—generally","content":"240 Inspector—suspension—generally\n(1) The Speaker may suspend the inspector—\n(b) for failure to take all reasonable steps to avoid being placed in a\nposition where a conflict of interest arises during the exercise of\nthe inspector’s functions; or\n(c) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the commissioner’s functions; or\n(d) if the inspector becomes bankrupt or personally insolvent.\nNote Power given by a law to make a decision includes power to reverse or\nchange the decision. The power to reverse or change the decision is\npower to make the decision (see Legislation Act, s 180).\n(2) If the Speaker is considering suspending the inspector, the Speaker—\n(a) must consult the following people about the proposed\nsuspension:\n(i) the Chief Minister;\n(ii) the Leader of the Opposition;\nLegislative Assembly are members of the party;\n(b) may ask 1 or more of the following for advice about the\nproposed suspension:\n(i) the public sector standards commissioner;\n(ii) anyone else the Speaker considers appropriate.\n\n(3) If the Speaker suspends the inspector, the Speaker must give the\ninspector written notice of the suspension and a copy of a statement\nof the reasons for the suspension.\n(4) The suspension takes effect when the notice and statement are given\nto the inspector under subsection (3).\n(5) The inspector may be suspended only under this section.\n(6) The inspector is entitled to be paid salary and allowances while\nsuspended.\n","sortOrder":255},{"sectionNumber":"241","sectionType":"section","heading":"Inspector—suspension—relevant Assembly committee","content":"241 Inspector—suspension—relevant Assembly committee\nnotice and meetings\n(1) If the Speaker suspends the inspector, the Speaker must give written\nnotice of the suspension and a copy of the statement of the reasons\nfor the suspension to each member of the relevant Assembly\ncommittee not later than the next business day, or if the committee\nhas not been established, the next business day after the day the\ncommittee is established.\n(2) The relevant Assembly committee must meet in relation to the\ninspector’s suspension—\n(a) not later than 3 business days after the day the committee is\ngiven written notice of the suspension (the notice day); and\n(b) at subsequent intervals of not longer than 30 days while the\ninspector is suspended (a regular meeting).\n(3) The relevant Assembly committee must give the inspector written\nnotice that a regular meeting will be held at least 3 business days\nbefore the day the meeting is to be held.\n(4) The inspector may make an oral or written submission (or both) to\nthe committee about the inspector’s suspension.\n\n(5) At each regular meeting, the relevant Assembly committee must\nreview the inspector’s suspension and may, at any time, pass a\nresolution about the suspension, including a resolution—\n(a) recommending to the Speaker that the Speaker end the\nsuspension; or\n(b) to make a statement to the Legislative Assembly recommending\nthat the Speaker end the inspector’s appointment.\n","sortOrder":256},{"sectionNumber":"242","sectionType":"section","heading":"Inspector—ending suspension","content":"242 Inspector—ending suspension\n(1) If the Speaker does not comply with section 241 (1), the suspension\nends at the end of the notice day.\n(2) If the relevant Assembly committee fails to hold a meeting as required\nunder section 241 (2), the suspension ends on the day after the last\nday when the meeting could have been held.\n(3) If the relevant Assembly committee makes a recommendation\nmentioned in section 241 (5) (a) and the Speaker does not end the\nsuspension within 1 business day after the day the recommendation\nis made—\n(a) the committee may, at any time, resolve to make a statement to\nthe Legislative Assembly recommending that the suspension be\nended; and\n(b) if the committee makes a statement mentioned in paragraph (a)\nand—\n(i) the Legislative Assembly resolves to end the suspension—\nthe suspension ends on the passing of the resolution; or\n(ii) the Legislative Assembly does not deal with the statement\nwithin 3 sitting days—the suspension ends at the end of the\n3rd sitting day.\n\n(4) If the relevant Assembly committee makes a statement mentioned in\nsection 241 (5) (b)—\n(a) the Legislative Assembly may resolve to require the Speaker to\nend the inspector’s appointment; but\n(b) if the Legislative Assembly does not, within 3 sitting days, pass\na resolution mentioned in paragraph (a)—the suspension ends at\nthe end of the 3rd sitting day.\n(5) If the Speaker ends the inspector’s suspension, the Speaker must give\nwritten notice of the ending of the suspension and a copy of a\nstatement of the reasons for ending the suspension to the inspector\nand the relevant Assembly committee.\nnotice day—see section 241 (2) (a).\n","sortOrder":257},{"sectionNumber":"243","sectionType":"section","heading":"Inspector—ending appointment","content":"243 Inspector—ending appointment\n(1) The Speaker must end the inspector’s appointment if the Legislative\n(a) passes a resolution under section 242 (4) (a); or\n(b) otherwise resolves to require the Speaker to end the inspector’s\nappointment—\n(i) for misbehaviour; or\n(ii) for failure to take all reasonable steps to avoid being placed\nin a position where a conflict of interest arises during the\nexercise of the commissioner’s functions; or\n\n(iii) for physical or mental incapacity, if the incapacity\nsubstantially affects the exercise of the inspector’s\n(iv) if the inspector becomes bankrupt or personally insolvent.\n(2) For a resolution mentioned in subsection (1) (b)—\n(a) at least 7 days before the day the motion to which the resolution\nrelates is first debated in the Legislative Assembly—\n(i) the Assembly must be given the notice of the motion and a\nstatement of reasons for the motion; and\n(ii) the Speaker must—\n(A) give the inspector a copy of the notice and the\nstatement of reasons; and\n(B) tell the inspector that a written submission about the\nmotion may be made to the Speaker not later than\n3 days after the day the inspector is given the notice;\nand\n(b) the Speaker must give any written submission to the Legislative\nAssembly before the day the motion is first debated in the\n(3) The Speaker may end the inspector’s appointment if the inspector is\nabsent from duty, except on leave granted by the Speaker, for\n14 consecutive days or for 28 days in any 12 months.\n(4) The inspector’s appointment may be ended by the Speaker only under\nthis section or section 239 (Inspector—retirement).\n\n","sortOrder":258},{"sectionNumber":"244","sectionType":"section","heading":"Inspector—leave of absence","content":"244 Inspector—leave of absence\n(1) The Speaker may approve leave of absence for the inspector on the\nterms the Speaker decides.\n(2) If the ombudsman holds the office of inspector under section 229\n(Inspector—ombudsman to be inspector until other appointment\nmade) and is granted (or is taken to have been granted) a period of\nleave of absence under the Ombudsman Act 1989, section 25 (Leave\nof absence), the inspector is taken to have been granted leave of\nabsence under subsection (1) for the same period.\n","sortOrder":259},{"sectionNumber":"245","sectionType":"section","heading":"Inspector—acting inspector—acting ombudsman","content":"245 Inspector—acting inspector—acting ombudsman\n(1) This section applies if the ombudsman holds the office of inspector\nunder section 229 (Inspector—ombudsman to be inspector until other\nappointment made).\n(2) A person acting as ombudsman under the Ombudsman Act 1989,\nsection 29 (Acting appointment) during an absence or unavailability\nof the ombudsman may act in the office of inspector under this Act\nduring the absence or unavailability.\nNote A person acting in a position under a standing acting arrangement has all\nthe functions (including authorities, duties and powers) of the occupant\nof the position (in this case the inspector)—see the Legislation Act,\ns 225B.\n","sortOrder":260},{"sectionNumber":"246","sectionType":"section","heading":"Inspector—acting appointment","content":"246 Inspector—acting appointment\nNote The Speaker has power to appoint an acting inspector if the position is\nvacant or if the inspector cannot for any reason exercise a function (see\nLegislation Act, s 209 (1)).\n(1) The Speaker must not appoint a person to act as inspector unless\neither—\n(a) the Legislative Assembly has approved the appointment, by\nresolution passed by a majority of at least 2/3 of the members; or\n\n(b) the appointment has been approved by—\nLegislative Assembly are members of the party.\n(2) An acting appointment must be made in consultation with the relevant\nAssembly committee.\n(3) An acting appointment must not be for a term longer than 2 years.\n(4) A person who has been acting inspector for a cumulative period of\n7 years is not eligible for reappointment.\n(5) To remove any doubt, multiple acting inspectors may be appointed\nconcurrently.\nExample—concurrent appointments\nIf the inspector has a conflict of interest in relation to an investigation, the Speaker\nmay appoint an acting inspector to perform functions of the inspector in relation to\nthe investigation while the inspector continues to perform their other functions.\n(6) To remove any doubt—\n(a) subsections (1) to (4) displace the Legislation Act,\nsection 209 (2) and (3) (Power of appointment includes power\nto make acting appointment); and\n(b) subsections (3) and (4) displace the Legislation Act,\nsection 221 (1) and (2) (How long does an acting appointment\noperate?); and\n(c) the remaining provisions of the Legislation Act, part 19.3\n(Appointments) apply in relation to an acting appointment.\n\n","sortOrder":261},{"sectionNumber":"247","sectionType":"section","heading":"Inspector—arrangements for another person to exercise","content":"247 Inspector—arrangements for another person to exercise\nfunctions\n(a) an inspector has been appointed under section 230 (Inspector—\nappointment), but the position is now vacant; or\nNote The ombudsman is the inspector until an appointment is made\nunder s 230 (see s 229).\n(b) the inspector is unable to act as inspector in relation to a matter\nbecause of illness, absence or an actual or perceived conflict of\ninterest.\n(2) The Speaker may, on behalf of the Territory, make arrangements for\na person (however described) responsible for exercising functions\nunder a Commonwealth or State law that substantially correspond to\nthe functions of the inspector, to exercise 1 or more of the functions\nof the inspector.\n(3) The arrangements must be made in consultation with—\n(a) the Chief Minister; and\n(b) the Leader of the Opposition; and\n(c) the leader (however described) of a registered party (other than\nthe party to which the Chief Minister or Leader of the\nOpposition belongs) if at least 2 members of the Legislative\nAssembly are members of the party; and\n(d) the relevant Assembly committee.\n(4) The Speaker must not make arrangements with a person unless the\nLegislative Assembly has approved the arrangement, by resolution\npassed by a majority of at least 2/3 of the members.\n\n","sortOrder":262},{"sectionNumber":"248","sectionType":"section","heading":"Meaning of staff of the inspector","content":"248 Meaning of staff of the inspector\nstaff of the inspector means—\n(a) staff employed under section 249; and\n(b) consultants and contractors engaged under section 250.\n","sortOrder":263},{"sectionNumber":"249","sectionType":"section","heading":"Inspector’s employed staff","content":"249 Inspector’s employed staff\n(1) The inspector may employ staff on behalf of the Territory.\n(2) The staff must be—\n(a) employed under the Public Sector Management Act 1994; or\n(b) if the ombudsman holds the office of inspector, and the\nCommonwealth ombudsman is the ombudsman—appointed or\nemployed under the Public Service Act 1999 (Cwlth); or\n(c) if a Commonwealth authority is employing staff under this\nsection because of an arrangement under section 247—\nemployed under the Public Service Act 1999 (Cwlth); or\n(d) if a State authority is employing staff under this section because\nof an arrangement under section 247—employed under an Act\nthat substantially corresponds to the Public Sector Management\nNote The Public Sector Management Act 1994, div 8.2 applies to the inspector\nin relation to the employment of staff (see Public Sector Management\nAct 1994, s 152).\n\nCommonwealth authority means a body, whether or not\nincorporated, established under a Commonwealth Act.\nState authority means a body, whether or not incorporated,\nestablished under a State Act.\n","sortOrder":264},{"sectionNumber":"250","sectionType":"section","heading":"Inspector’s consultants and contractors","content":"250 Inspector’s consultants and contractors\n(1) The inspector may, on behalf of the Territory, engage consultants and\ncontractors to assist the inspector in exercising the inspector’s\nfunctions.\n(2) Consultants and contractors may be engaged on terms and conditions\ndecided by the inspector.\n(3) However, the inspector must not enter into a contract of employment\nunder this section.\n","sortOrder":265},{"sectionNumber":"251","sectionType":"section","heading":"Staff of the inspector—eligibility for appointment","content":"251 Staff of the inspector—eligibility for appointment\n(1) The inspector may appoint a person as a member of staff of the\ninspector only if the inspector is satisfied the person is suitable to be\na member of staff of the inspector.\nNote Staff of the inspector—see s 248.\n(2) However, the inspector must not appoint a person as a member of\nstaff of the inspector if the person is or has, in the 2 years immediately\nbefore the day of the proposed appointment, been—\nNote Member of staff of an MLA—see s (4) and dictionary.\n\n(3) In deciding whether a person is suitable to be a member of staff of the\ninspector, the inspector may ask the person to do 1 or more of the\n(a) provide a police certificate for the person, dated not earlier than\n6 months before the date of the request;\n(b) declare financial or other personal interests the inspector\nconsiders relevant;\nNote Personal interest guidelines—see s 251B (1).\n(c) undergo a medical or psychological assessment;\n(d) make a statement about a matter determined by the inspector to\nbe relevant to the person’s suitability;\n(e) anything else the inspector considers is necessary to decide\nwhether a person is suitable to be a member of staff of the\ninspector.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\nmember of staff of an MLA does not include a temporary member of\nstaff of an MLA.\nNote Member of staff of an MLA—see the dictionary.\ntemporary member of staff of an MLA means a public servant\nemployed by an MLA for not longer than 3 months in the 12 months\nimmediately before the day of the proposed appointment.\n\n","sortOrder":266},{"sectionNumber":"251A","sectionType":"section","heading":"Staff of the inspector—conflicts of interest register","content":"251A Staff of the inspector—conflicts of interest register\n(1) If a member of staff of the inspector has a financial or other personal\ninterest that conflicts, may conflict, or may be perceived to conflict\nwith the member’s functions, the member must disclose to the\ninspector, in writing, the nature of the interest and the conflict or\npotential conflict.\nNote The member of staff must disclose a conflict of interest as soon as possible\n(2) The inspector must keep a register of disclosures made under\nsubsection (1) (the conflicts of interest register).\n(3) The inspector must make the conflicts of interest register available\nfor inspection by the public sector standards commissioner at any\ntime.\n","sortOrder":267},{"sectionNumber":"251B","sectionType":"section","heading":"Staff of the inspector—personal interest guidelines","content":"251B Staff of the inspector—personal interest guidelines\n(1) The inspector must make guidelines (the personal interest\nguidelines) about the financial and other personal interests the\ninspector considers relevant for staff of the inspector to declare\n(a) section 251 (3) (b); and\n(b) section 251A.\n(2) A guideline is a notifiable instrument.\n(3) The inspector must publish the personal interest guidelines on the\ninspector’s website.\n","sortOrder":268},{"sectionNumber":"252","sectionType":"section","heading":"Staff of the inspector—not subject to direction from","content":"252 Staff of the inspector—not subject to direction from\nothers\nThe staff of the inspector are not subject to direction from anyone\nother than the inspector in relation to the exercise of the inspector’s\nfunctions.\n\n","sortOrder":269},{"sectionNumber":"253","sectionType":"section","heading":"Delegation by inspector","content":"253 Delegation by inspector\n(1) The inspector may delegate the inspector’s functions under this Act\nor another territory law to—\n(a) a member of staff of the inspector; or\n(2) However, the inspector must not delegate a function to a person who\nis not a member of staff of the inspector without first being satisfied\nthat the function needs to be exercised by a person who is not a\nmember of staff of the inspector.\n","sortOrder":270},{"sectionNumber":"254","sectionType":"section","heading":"Inspector—other arrangements for staff and facilities","content":"254 Inspector—other arrangements for staff and facilities\n(1) The inspector may arrange with the head of service to use—\n(a) the services of a public servant; or\n(b) Territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n(2) The inspector may arrange with the Speaker to use Territory facilities\nwithin the Assembly precincts.\n","sortOrder":271},{"sectionNumber":"255","sectionType":"section","heading":"Inspector—arrangements with other entities","content":"255 Inspector—arrangements with other entities\n(1) The inspector may, at any time, enter into a memorandum of\nunderstanding or agreement with another entity to assist in—\n(a) avoiding delay and unnecessary duplication of statutory\n(b) efficiently managing the interaction of the statutory functions of\nthe parties to the memorandum of understanding or agreement.\n\n(2) In particular, the inspector may enter into a memorandum of\nunderstanding or agreement with another entity for—\n(a) the entity to assist the inspector in relation to investigations or\nthe exercise of other functions of the inspector; or\n(b) the inspector to assist the entity by providing services within the\ninspector’s field of expertise and relevant to its functions.\n(3) In entering into a memorandum of understanding or agreement to\nassist an entity, the inspector must ensure that the provision of the\nassistance does not interfere with the ability of the inspector to\nexercise its functions.\n(4) The inspector may charge an entity for the provision of assistance by\nthe inspector.\nNote The inspector may disclose information to certain entities if it is relevant\nto the exercise of the entity’s functions and the inspector considers it\nappropriate (see s 274).\n\n","sortOrder":272},{"sectionNumber":"Part 5","sectionType":"part","heading":"2 Inspector—investigating","content":"Part 5.2 Inspector—investigating\ncomplaints about the\nNote A provision of a law that gives an entity (including a person) a function\n","sortOrder":273},{"sectionNumber":"256","sectionType":"section","heading":"Meaning of commission personnel—pt 5.2","content":"256 Meaning of commission personnel—pt 5.2\ncommission personnel means the following:\n(a) the commissioner;\n(b) a person who was previously the commissioner;\n(c) a member of staff of the commission;\n(d) a person who was previously a member of staff of the\n","sortOrder":274},{"sectionNumber":"257","sectionType":"section","heading":"Inspector—making a complaint to the inspector","content":"257 Inspector—making a complaint to the inspector\n(1) A person may make a complaint to the inspector about the conduct of\nthe commission or commission personnel in relation to the exercise\nof, or failure to exercise, a function under this Act or another law in\nforce in the Territory.\n(2) Without limiting subsection (1), a complaint may be made on the\nbasis that the conduct of the commission or commission personnel\nwas—\n(a) contrary to law; or\n(b) unreasonable, unjust, oppressive or improperly discriminatory;\nor\n(c) based on improper motives; or\n\n(d) an abuse of power; or\n(e) otherwise improper.\n","sortOrder":275},{"sectionNumber":"258","sectionType":"section","heading":"How to make a complaint to the inspector","content":"258 How to make a complaint to the inspector\n(1) A complaint to the inspector may be made as follows:\n(a) orally or in writing;\n(b) using any form of electronic communication;\n(c) anonymously.\n(2) However, if a complaint to the inspector is made orally, the inspector\nmay—\n(a) put the complaint in writing; or\n(b) require the complainant to put the complaint in writing and, until\nthe complainant complies with the requirement, decline to\ninvestigate the complaint.\nelectronic communication means communication by telephone,\nemail, fax or any other electronic means.\n","sortOrder":276},{"sectionNumber":"259","sectionType":"section","heading":"Inspector—must keep complainant informed","content":"259 Inspector—must keep complainant informed\n(1) If the inspector receives a complaint under section 257, the inspector\nmust tell the complainant about the following matters:\n(a) if the inspector decides not to investigate the complaint—the\ndecision and the reasons for the decision;\n(b) if the inspector investigates the complaint—the progress of the\ninvestigation at least once every 3 months;\n(c) if the complaint is referred to a another entity under section 271\n(Inspector—referral to other entities)—the referral;\n\n(d) if the inspector decides to discontinue the investigation—the\ndecision and the reasons for the decision;\nNote 1 The inspector must comply with this section as soon as possible after the\naction is taken (see Legislation Act, s 151B).\nNote 2 The inspector may also be required to give the person a non-disclosure\nnotice about the information (see s 260).\n(2) However, the inspector must not tell the complainant about a matter\nif telling the complainant—\n(a) would be likely to adversely affect—\n(i) a person’s safety; or\n(ii) an investigation under this Act; or\n(b) would identify another person who has given information in\nrelation to the matter under investigation; or\n(c) could allow the identity of another person who has given\ninformation in relation to the matter under investigation to be\nworked out; or\n(d) would be contrary to a law in force in the Territory.\n(3) This section does not apply if—\n(a) the complaint was made anonymously; or\n(b) the complainant has asked, in writing, not to be kept informed\nabout the corruption complaint.\n\n","sortOrder":277},{"sectionNumber":"260","sectionType":"section","heading":"Inspector—must give non-disclosure notice when giving","content":"260 Inspector—must give non-disclosure notice when giving\n(1) This section applies if the inspector gives a person information\n(a) section 259 (Inspector—must keep complainant informed); or\n(b) section 277 (2), (3) or (6) (Inspector’s special report—\ncomments on proposed reports); or\n(c) section 285 (2), (3) or (6) (Inspector’s annual report—comments\non proposed reports).\n(2) The inspector must also give the person a notice (a non-disclosure\nnotice) about the information, setting out the following:\n(a) that disclosure of the information may be an offence and\n(b) that certain kinds of disclosures may be permitted disclosures;\nNote Permitted disclosure—see s 261.\n(c) a statement of the permitted disclosures and any prohibited\nNote Prohibited disclosure—see s (4).\n(d) an explanation of the effect of section 262 (Non-disclosure\nnotices—expiry).\n(3) However, the inspector need not give a person a non-disclosure notice\nif the inspector is only—\n(a) telling the person that their complaint is not going to be\ninvestigated under section 259 (1) (a); or\n\n(b) giving the person information about the progress of an\ninvestigation under section 259 (1) (b), and the inspector—\n(i) has previously given the person information about the\nprogress of the investigation, investigation, including a\nnon-disclosure notice about the information, and the\nnon-disclosure notice has not expired or been revoked; and\n(ii) tells the person that the previous non-disclosure notice\ncontinues to operate, and also applies to the new\nNote The inspector must give the person a progress update at least once\nevery 3 months under s 259 (1) (b).\n(4) In preparing a non-disclosure notice about the information, the\ninspector may decide that a certain kind of permitted disclosure of the\ninformation must be prohibited (a prohibited disclosure) because the\ndisclosure would be likely to prejudice—\n","sortOrder":278},{"sectionNumber":"261","sectionType":"section","heading":"Meaning of permitted disclosure of information—pt 5.2","content":"261 Meaning of permitted disclosure of information—pt 5.2\npermitted disclosure of information, by a person, means a disclosure\nof information mentioned in a non-disclosure notice, that is—\n(a) made by the person—\n\nthe information in the non-disclosure notice without\n(b) made by the person to obtain legal advice or representation in\nprivileges under this Act, including in relation to the\n(c) made by a lawyer who has received a disclosure under\nparagraph (b), to comply with a legal duty of disclosure or a\n(d) made by the person to their insurer, if the person has made a\nclaim about a matter related to the information mentioned in the\nnon-disclosure notice under either of the following Acts:\n(e) already published by the inspector in a report or otherwise made\npublic under this Act; or\n(f) otherwise authorised or required under this Act.\n\n","sortOrder":279},{"sectionNumber":"262","sectionType":"section","heading":"Non-disclosure notices—expiry","content":"262 Non-disclosure notices—expiry\nA non-disclosure notice given to a person expires on the earliest of\n(a) if the inspector revokes the non-disclosure notice—the day the\ninspector gives the person a notice about the revocation;\n(b) 3 years after the day the non-disclosure notice was issued.\n","sortOrder":280},{"sectionNumber":"263","sectionType":"section","heading":"Offences—disclose information received from the","content":"263 Offences—disclose information received from the\n(a) the person is given information under—\n(i) section 259 (Inspector—must keep complainant\n(ii) section 277 (2), (3) or (6) (Inspector’s special report—\ncomments on proposed reports); or\n(iii) section 285 (2), (3) or (6) (Inspector’s annual report—\ncomments on proposed reports); and\n(b) the person is—\n(i) given a non-disclosure notice about the information under\nsection 260 (2); or\n(ii) told that a previous non-disclosure notice applies to the\nnew information under section 260 (3) (b) (ii); and\n\ndisclosure in the non-disclosure notice; and\ndisclosure of the information by the recipient; and\n(ii) gives the recipient a copy of the non-disclosure notice\nabout the information.\n(a) a permitted disclosure of information is made to the person; and\n(b) the person receives a copy of a non-disclosure notice about the\ninformation with the permitted disclosure; and\n","sortOrder":281},{"sectionNumber":"264","sectionType":"section","heading":"Inspector—investigating a complaint","content":"264 Inspector—investigating a complaint\n(1) The inspector may investigate a complaint to assess the conduct\nmentioned in the complaint or any other conduct relevant to the\ncomplaint.\n(2) If the inspector decides to investigate a complaint, the inspector must\nnotify the commission, in writing, unless the inspector reasonably\nbelieves that giving notice of the investigation could prejudice the\ninvestigation of the complaint.\n\n(3) The inspector has power to do anything necessary and reasonable to\ninvestigate a complaint.\n(4) The inspector may make guidelines about how the inspector is to\nhandle complaints under this Act (complaint investigation\nguidelines).\n(5) The complaint investigation guidelines are a notifiable instrument.\n","sortOrder":282},{"sectionNumber":"265","sectionType":"section","heading":"Inspector—own initiative investigation","content":"265 Inspector—own initiative investigation\nThe inspector may, on its own initiative, investigate the conduct of\nthe commission or commission personnel in relation to the exercise\nof, or failure to exercise, a function under this Act or another law in\nforce in the Territory.\n","sortOrder":283},{"sectionNumber":"266","sectionType":"section","heading":"Inspector—conduct of investigation","content":"266 Inspector—conduct of investigation\n(1) In conducting an investigation into the commission or commission\npersonnel, the inspector—\n(a) may investigate any aspect of the commission’s operations or\nany conduct of commission personnel; and\n(b) has full and free access to all the records of the commission and\nmay copy any record or part of any record of the commission;\nand\n(c) may require the commission or any commission personnel to\ngive the inspector any information in the commission’s\npossession that the inspector considers is relevant to the\ninvestigation; and\n(d) may require any commission personnel to attend before the\ninspector to produce documents or other things relating to any\naspect of the commission’s operations or the conduct of\ncommission personnel.\n\n(2) If the inspector intends to access a record of the commission under\nsubsection (1) (b), the inspector must give the commissioner written\nnotice of that intention at least 3 days before the day the inspector\naccesses the record.\n(3) The inspector may commence or continue an investigation despite\nany proceeding (whether civil or criminal) in any court or tribunal.\n(4) The inspector must take all reasonable steps to ensure the conduct of\nan investigation does not prejudice any proceeding (whether civil or\ncriminal) in any court or tribunal.\n(5) If the inspector considers that it is necessary to do so, the inspector\nmay conduct an investigation in relation to the commission or\ncommission personnel even though the commission is investigating a\nrelated matter.\n(6) The inspector may adjourn or suspend the conduct of an investigation\nif the inspector considers that it is in the interests of justice to do so.\n","sortOrder":284},{"sectionNumber":"267","sectionType":"section","heading":"Inspector—commission must give assistance","content":"267 Inspector—commission must give assistance\nThe commission and commission personnel must give the inspector\nany assistance the inspector reasonably requires to carry out an\n","sortOrder":285},{"sectionNumber":"268","sectionType":"section","heading":"Inspector—withdrawal of complaint","content":"268 Inspector—withdrawal of complaint\n(1) A person who makes a complaint may withdraw the complaint at any\ntime.\n(2) If a complaint is withdrawn, the inspector may continue to investigate\nthe subject matter of the complaint.\nNote The inspector may conduct an investigation about a matter on its own\ninitiative (see s 265).\n\n","sortOrder":286},{"sectionNumber":"269","sectionType":"section","heading":"Inspector—power to ask for information, documents and","content":"269 Inspector—power to ask for information, documents and\nother things\n(1) This section applies if the inspector believes on reasonable grounds\nthat a person can produce a document or other thing relevant to an\ninvestigation under section 264 (Inspector—investigating a\ncomplaint) or section 265 (Inspector—own initiative investigation).\n(2) The inspector may, by written notice given to the person, require the\nperson to produce the document or other thing.\n(3) The notice must state how, and the time within which, the person must\ncomply with the requirement.\n(4) A person commits an offence if the person—\n(a) is required by a notice under this section to produce to the\ninspector a document or other thing; and\n(b) fails to comply with the requirement.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege. See also\ns 270.\nNote 2 Giving false or misleading information is an offence against the\n(5) Subsection (4) does not apply if the person has a reasonable excuse.\nmentioned in s (5) (see Criminal Code, s 58).\n\n","sortOrder":287},{"sectionNumber":"270","sectionType":"section","heading":"Inspector—privileges against self-incrimination and","content":"270 Inspector—privileges against self-incrimination and\nexposure to civil penalty\n(1) This section applies if a person is required by a notice under\nsection 269 to produce a document or other thing.\n(2) The person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to produce the document or other thing.\nNote The Legislation Act, s 171 deals with client legal privilege.\n(3) However, any information, document or other thing obtained, directly\nor indirectly, because of producing of the document or other thing is\nnot admissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for—\n(a) an offence in relation to the falsity or the misleading nature of\n(b) an offence against the Criminal Code, chapter 7 (Administration\nof justice offences).\n","sortOrder":288},{"sectionNumber":"271","sectionType":"section","heading":"Inspector—referral to other entities","content":"271 Inspector—referral to other entities\n(1) The inspector may, at any time, refer a matter to the commission if—\n(a) the commission has power to investigate the matter; and\n(b) the inspector considers it would be more appropriate for the\nmatter to be investigated by the commission.\n(2) The inspector may, at any time, refer a matter to the public sector\nstandards commissioner or the Legislative Assembly commissioner\nfor standards (a relevant commissioner) if—\n(a) the relevant commissioner has power to investigate the matter;\nand\n(b) the inspector considers it would be more appropriate for the\nmatter to be investigated by the relevant commissioner.\n\n(3) The inspector may, at any time, refer a matter to a law enforcement\nagency or prosecutorial body if—\n(a) the matter is relevant to the exercise of the law enforcement\nagency’s, or prosecutorial body’s, functions; and\n(b) the inspector considers it appropriate to refer the matter.\nNote The inspector may disclose information to an entity if it is relevant to the\nexercise of the entity’s functions and the inspector considers it\nappropriate (see s 274).\n","sortOrder":289},{"sectionNumber":"272","sectionType":"section","heading":"Inspector—recommendations about practices or","content":"272 Inspector—recommendations about practices or\nprocedures\nThe inspector may, at any time, make a recommendation about\npractices or procedures in relation to the exercise of functions under\nthis Act to any of the following:\n(b) the commission;\n(c) the relevant Assembly committee.\n","sortOrder":290},{"sectionNumber":"273","sectionType":"section","heading":"Inspector—recommendation to Speaker that","content":"273 Inspector—recommendation to Speaker that\ncommissioner or staff be investigated\n(a) a complaint made to the inspector raises allegations of corrupt\nconduct by—\n(b) the inspector otherwise becomes aware of information that, if\ntrue, would tend to show corrupt conduct by—\n(ii) a member of staff of the commission.\n\n(2) The inspector may make a recommendation to the Speaker that, under\nsection 286 (Speaker may appoint special investigator to investigate\ncommission or inspector), the Speaker appoint a special investigator\nto investigate—\n(b) a member of staff of the commission.\nNote For the making of acting appointments, see the Legislation Act, pt 19.3.\n\nPart 5.3 Inspector—secrecy and information sharing\nPart 5.3 Inspector—secrecy and\ninformation sharing\n274 Inspector—disclosure of information\n(1) The inspector may disclose any information that has been disclosed\nto, or obtained by, the inspector in the exercise of its functions under\nthis Act to an information sharing entity if the inspector considers\nthat—\ninformation sharing entity; and\n(b) the disclosure of the information to the information sharing\nentity is appropriate.\ninformation sharing entity means any of the following:\n(a) the commission;\n(b) an integrity body;\n(c) a law enforcement agency;\n(d) a prosecutorial body;\n(e) a head of a public sector entity;\n(f) if the inspector enters into a memorandum of understanding or\nagreement under section 255 (Inspector—arrangements with\nother entities)—the other entity;\n(g) if, under section 271 (2) (Inspector—referral to other entities),\nthe inspector refers a matter to—\n(i) the public sector standards commissioner—the public\nsector standards commissioner; and\n(ii) the Legislative Assembly commissioner for standards—\nthe Legislative Assembly commissioner for standards.\n\nInspector’s special reports Division 5.4.1\n","sortOrder":291},{"sectionNumber":"275","sectionType":"section","heading":"Inspector’s special report","content":"275 Inspector’s special report\nThe inspector may, at any time, prepare a report (an inspector’s\nspecial report) for the Legislative Assembly if the inspector considers\nthat a matter needs to be brought to the attention of the Legislative\nAssembly sooner than in the next annual operational review report.\n","sortOrder":292},{"sectionNumber":"276","sectionType":"section","heading":"Inspector’s special report—not to include information","content":"276 Inspector’s special report—not to include information\n(1) The inspector must not include information in an inspector’s special\nreport if the inspector considers that the disclosure of the information\nor\n(3) However, the inspector may include in the inspector’s special report\n\n","sortOrder":293},{"sectionNumber":"277","sectionType":"section","heading":"Inspector’s special report—comments on proposed","content":"277 Inspector’s special report—comments on proposed\n(1) This section applies if the inspector is preparing an inspector’s special\n(a) a person—the inspector must give the proposed report, or part,\nto the person; or\n(b) a public sector entity—the inspector must give the proposed\n(3) The inspector may also give all or part of the proposed report to\nanyone else the inspector considers has a direct interest in the\nincluded in an inspector’s special report.\n(5) If the inspector gives a person all or part of a proposed report under\nsubsection (2) or (3), the inspector must also give the person written\nnotice stating that the person may give written comments about the\nproposed report to the inspector before the end of—\nNote The inspector must also give the person a non-disclosure notice about the\ninformation in the proposed report (see s 260).\n(6) If the inspector gives a person all or part of a proposed report under\nsubsection (2) or (3), the inspector may, on request, also give all or\npart of the proposed report to someone else nominated by the person\nto assist the person in preparing their comments on all or part of the\nNote The inspector must also give the nominated person a non-disclosure\nnotice about the information in the proposed report (see s 260).\n\nInspector’s special reports Division 5.4.1\n","sortOrder":294},{"sectionNumber":"277A","sectionType":"section","heading":"Inspector’s special report—considering comments on","content":"277A Inspector’s special report—considering comments on\n(1) If the inspector receives comments on all or part of a proposed\ninspector’s special report under section 277, the inspector—\n(a) must consider the comments in preparing the inspector’s special\n(b) may include the comments as an attachment to the inspector’s\nspecial report.\n(2) If the inspector is satisfied that amendment is an appropriate response\nto the comments, the inspector may amend the proposed report.\n(3) If the inspector is not satisfied that amendment is an appropriate\nresponse to the comments, the inspector must tell the person, in\nwriting, before the inspector’s special report is published, that the\n","sortOrder":295},{"sectionNumber":"278","sectionType":"section","heading":"Inspector’s special report—presentation to Legislative","content":"278 Inspector’s special report—presentation to Legislative\nAssembly\n(1) If the Legislative Assembly is sitting when the inspector completes\nan inspector’s special report—\n(a) the inspector must give the inspector’s special report to the\nSpeaker; and\n(b) the Speaker must present the inspector’s special report to the\nLegislative Assembly on the next sitting day.\n(2) If the Legislative Assembly is not sitting when the inspector\ncompletes an inspector’s special report—\n(a) the inspector must give the report, and a copy for each member\nof the Legislative Assembly, to the Speaker; and\nLegislative Assembly on the day the inspector gives it to the\n\nDivision 5.4.2 Inspector—annual operational review of commission\nand\n","sortOrder":296},{"sectionNumber":"279","sectionType":"section","heading":"Inspector’s special report—publication on website","content":"279 Inspector’s special report—publication on website\nThe inspector must publish the inspector’s special report on the\ninspector’s website as soon as practicable after giving the report to\nthe Speaker under section 278.\nDivision 5.4.2 Inspector—annual operational review\nof commission\n","sortOrder":297},{"sectionNumber":"280","sectionType":"section","heading":"Inspector—annual operational review of commission","content":"280 Inspector—annual operational review of commission\n(1) The inspector must assess the commission’s compliance with this Act\neach financial year (an annual operational review).\n\nInspector—annual operational review of commission Division 5.4.2\n(2) In assessing the commission’s compliance, the inspector must\nconsider—\n(a) the commission’s management of conflicts of interest\n(i) any conflicts of interest reported to the inspector under\nsection 31 (Commissioner—must avoid conflict of\ninterest); and\n(ii) the conflicts of interest register under section 32\n(Commissioner—conflicts of interest register); and\n(iii) any suspension of a commissioner under section 35\n(Commissioner—suspension—generally) that relates to a\nconflict of interest; and\n(iv) any ending of a commissioner’s appointment under\nsection 38 (Commissioner—ending appointment) that\nrelates to a conflict of interest; and\n(v) the conflicts of interest register under section 50A (Staff of\nthe commission—conflicts of interest register); and\n(b) whether the commission and members of staff of the\ncommission acted within power and in compliance with this Act\nand any other relevant Acts; and\n(c) whether the commission has implemented any previous\nrecommendations made by the inspector; and\n(d) any other matters the inspector considers relevant.\n(3) An annual operational review must also include an assessment of the\ncommission’s wellbeing policy, and consider in particular—\n(a) the adequacy of the policy to protect the wellbeing of people\ninvolved in matters before the commission; and\n(b) whether the commission has given effect to the policy.\n\n","sortOrder":298},{"sectionNumber":"281","sectionType":"section","heading":"Inspector—annual operational review report","content":"281 Inspector—annual operational review report\n(1) The inspector must prepare a report about the annual operational\nreview (an annual operational review report) and give a copy of the\nproposed report to the commission.\n(2) The inspector must give the commission a reasonable opportunity to\ncomment on the proposed report and include a fair representation of\nthe commission’s comments in the report.\n(3) The inspector must give the report to the Speaker and the commission\nwithin 15 weeks after the end of the financial year to which it relates.\nNote The inspector’s annual report must include the annual operational review\nreport (see s 283).\n","sortOrder":299},{"sectionNumber":"282","sectionType":"section","heading":"Meaning of inspector’s annual report","content":"282 Meaning of inspector’s annual report\ninspector’s annual report means a report by the inspector under the\nAnnual Reports (Government Agencies) Act 2004, section 7A\n(Officer of the Assembly annual report).\n","sortOrder":300},{"sectionNumber":"283","sectionType":"section","heading":"Inspector’s annual report—content","content":"283 Inspector’s annual report—content\n(1) An inspector’s annual report must include the following:\n(a) the number of referrals made to the inspector under section 105\n(Commission must refer corruption reports about staff to\ninspector) for the year;\n(b) the number of each of the following for the year:\n(i) copies of confidentiality notices given to the inspector\nunder section 205 (a) (Commissioner—monthly reports to\ninspector);\n(ii) copies of notices revoking confidentiality notices given to\nthe inspector under section 205 (b);\n\n(iii) copies of applications to the Supreme Court given to the\ninspector under section 205 (c);\n(iv) copies of orders extending confidentiality notices given to\nthe inspector under section 205 (d);\n(v) preliminary inquiry notices the inspector is notified about\nunder section 205 (e);\n(vi) preliminary inquiry notice extensions the inspector is\nnotified about under section 205 (f);\n(vii) public examinations the inspector is notified about under\nsection 205 (g);\n(viii) public examination notices the inspector is given under\nsection 205 (h);\n(ix) examination summons the inspector is notified about under\nsection 205 (i);\n(x) examination summons extensions the inspector is notified\nabout under section 205 (j);\n(xi) copies of video recordings and transcripts given to the\ninspector under section 205 (k);\n(xii) arrest warrants the inspector is notified about under\nsection 205 (l);\n(xiii) applications to the Supreme Court the inspector is notified\nabout under section 205 (m);\n(xiv) legal advice directions the inspector is notified about under\nsection 205 (n);\n(c) the number of each of the following for the year:\n(i) complaints made to the inspector under section 257\n(Inspector—making a complaint to the inspector);\n\n(ii) investigations conducted by the inspector under\nsection 264 (Inspector—investigating a complaint) and\nsection 265 (Inspector—own initiative investigation);\n(iii) referrals made by the inspector under section 271\n(Inspector—referral to other entities);\n(iv) recommendations made by the inspector under—\n(A) section 272 (Inspector—recommendations about\npractices or procedures); and\n(B) section 273 (Inspector—recommendation to Speaker\nthat commissioner or staff be investigated);\n(v) information sharing entities to whom the inspector has\ndisclosed information under section 274 (Inspector—\ndisclosure of information) including the general nature and\nextent of the information disclosed;\n(vi) inspector’s special reports presented to the Legislative\nAssembly under section 278 (Inspector’s special report—\npresentation to Legislative Assembly);\n(d) a description of each of the following for the year:\n(i) matters referred to the inspector under section 105\n(Commission must refer corruption reports about staff to\ninspector);\n(ii) complaints made to the inspector under section 257\n(Inspector—making a complaint to the inspector);\n(iii) investigations conducted by the inspector under\nsection 264 (Inspector—investigating a complaint) and\nsection 265 (Inspector—own initiative investigation);\n\n(e) an assessment of how the commissioner is managing conflicts\nof interest, including the number of times during the year the\ninspector has inspected the commission’s conflicts of interest\nregisters under the following sections:\n(i) section 32 (Commissioner—conflicts of interest register);\n(ii) section 50A (Staff of the commission—conflicts of interest\nregister).\n(2) An inspector’s annual report must also include the following for the\nyear:\n(a) the annual operational review report;\nNote Annual operational review report—see s 281.\n(b) any recommendations for change to territory laws or for\nadministrative action the inspector considers should be made as\na result of the exercise of its functions.\n(3) If the inspector considers that compliance with the Annual Reports\n(Government Agencies) Act 2004 would prejudice the inspector’s\nindependence, the inspector is not required to comply with that Act\nto that extent.\nNote The inspector’s annual report must be presented to the Legislative\nAssembly under the Annual Reports (Government Agencies) Act 2004,\ns 15.\n","sortOrder":301},{"sectionNumber":"284","sectionType":"section","heading":"Inspector’s annual report—not to include information","content":"284 Inspector’s annual report—not to include information\n(1) The inspector must not include information in an inspector’s annual\nreport if the inspector considers that the disclosure of the information\n\nor\n(3) However, the inspector may include in the inspector’s annual report\n","sortOrder":302},{"sectionNumber":"285","sectionType":"section","heading":"Inspector’s annual report—comments on proposed","content":"285 Inspector’s annual report—comments on proposed\n(1) This section applies if the inspector is preparing an inspector’s annual\n(a) a person—the inspector must give the proposed report, or part,\nto the person; or\n(b) a public sector entity—the inspector must give the proposed\n(3) The inspector may also give all or part of the proposed report to\nanyone else the inspector considers has a direct interest in the\nincluded in an inspector’s annual report.\n\n(5) If the inspector gives a person all or part of a proposed report under\nsubsection (2) or (3), the inspector must also give the person written\nnotice stating that the person may give written comments about the\nproposed report to the inspector before the end of—\nNote The inspector must also give the person a non-disclosure notice about the\ninformation in the proposed report (see s 260).\n(6) If the inspector gives a person all or part of a proposed report under\nsubsection (2) or (3), the inspector may, on request, also give all or\npart of the proposed report to someone else nominated by the person\nto assist the person in preparing their comments on all or part of the\nNote The inspector must also give the nominated person a non-disclosure\nnotice about the information in the proposed report (see s 260).\n","sortOrder":303},{"sectionNumber":"285A","sectionType":"section","heading":"Inspector’s annual report—considering comments on","content":"285A Inspector’s annual report—considering comments on\n(1) If the inspector receives comments on all or part of a proposed\ninspector’s annual report under section 285, the inspector—\n(a) must consider the comments in preparing the inspector’s annual\n(b) may include the comments as an attachment to the inspector’s\nannual report.\n(2) If the inspector is satisfied that amendment is an appropriate response\nto the comments, the inspector may amend the proposed report.\n(3) If the inspector is not satisfied that amendment is an appropriate\nresponse to the comments, the inspector must tell the person, in\nwriting, before the inspector’s annual report is published, that the\n\nChapter 6 Special investigation of commission or inspector\nChapter 6 Special investigation of\ncommission or inspector\n286 Speaker may appoint special investigator to investigate\ncommission or inspector\n(a) the inspector makes a recommendation to the Speaker under\nsection 273 (Inspector—recommendation to Speaker that\ncommissioner or staff be investigated); or\n(b) the Speaker otherwise becomes aware of information that, if\ntrue, would tend to show corrupt conduct by—\n(iii) the inspector; or\n(iv) a member of staff of the inspector.\n(2) The Speaker may appoint a person (a special investigator) to carry\nout an investigation (a special investigation) of a matter mentioned\nin subsection (1).\n(3) However, the Speaker may only appoint a person as a special\ninvestigator if the Speaker would be able to appoint the person as\nacting commissioner (were there a vacancy in the position of\ncommissioner).\n(4) Section 40 (Commissioner—acting appointment) applies to the\nappointment of the special investigator as if it were an appointment\nof an acting commissioner.\n\nSpecial investigation of commission or inspector Chapter 6\n(5) The provisions of this Act apply to the special investigator as if the\nspecial investigator were an acting commissioner however, in\ncarrying out a special investigation, the special investigator may\nexercise any of the functions of the commissioner or the inspector.\nNote The functions of the commissioner are in s 24.\nThe functions of the inspector are in s 227.\n\n","sortOrder":304},{"sectionNumber":"Part 7","sectionType":"part","heading":"Protections for people involved","content":"Chapter 7 Protections for people involved\nin investigations\n","sortOrder":305},{"sectionNumber":"287","sectionType":"section","heading":"Meaning of complainant and complaint—ch 7","content":"287 Meaning of complainant and complaint—ch 7\nIn this chapter:\ncomplainant means a person who makes a complaint.\ncomplaint means—\n(a) a corruption complaint; or\n(b) a mandatory corruption notification; or\n(c) a complaint to the inspector about the conduct of the\ncommission or commission personnel under section 257.\n\nProtection for people who report corruption Part 7.2\nPart 7.2 Protection for people who report\ncorruption\n","sortOrder":306},{"sectionNumber":"288","sectionType":"section","heading":"Immunity from liability","content":"288 Immunity from liability\nIf a person makes a complaint—\n(a) the making of the complaint is not—\n(i) a breach of confidence; or\n(ii) a breach of professional etiquette or ethics; or\n(iii) a breach of a rule of professional conduct; and\n(b) the complainant does not incur civil or criminal liability only\nbecause of the making of the complaint; and\n(c) for a complainant who is a public official or a member of staff\nof an MLA—the complainant is not liable to administrative\naction (including disciplinary action or dismissal) only because\nof the making of the complaint.\n","sortOrder":307},{"sectionNumber":"289","sectionType":"section","heading":"Protection from defamation action","content":"289 Protection from defamation action\n(1) Without limiting section 288, in a proceeding for defamation, a\ncomplainant has a defence of absolute privilege for publishing the\ninformation in the complaint.\n(2) However, this defence is not available if the complainant publishes\nthe information before the information is published under this Act by\nthe commission or the inspector.\n(3) For this section, the complainant has not published the information if\nthe complainant disclosed the information under the Public Interest\nDisclosure Act 2012 in the reasonable belief that the information was\nabout disclosable conduct.\n\nPart 7.2 Protection for people who report corruption\ndisclosable conduct—see the Public Interest Disclosure Act 2012,\n","sortOrder":308},{"sectionNumber":"290","sectionType":"section","heading":"Loss of protection","content":"290 Loss of protection\n(1) This section applies if a person makes a complaint and a court is\nsatisfied that—\n(a) the complainant has given information to a person investigating\nthe complaint that the complainant knows is false or misleading;\nor\n(b) the complaint is vexatious.\n(2) The complainant forfeits the protections under this Act in relation to\nthe complaint.\n(3) However, a court may make an order that subsection (2) does not\napply if the court considers that the complainant’s conduct mentioned\nin subsection (1) (a)—\n(a) has not materially prejudiced the investigation of the complaint;\nand\n(b) is of a minor nature.\n","sortOrder":309},{"sectionNumber":"291","sectionType":"section","heading":"Liability for own conduct","content":"291 Liability for own conduct\n(1) A person’s liability for the person’s own conduct is not affected by\nthe person’s disclosure of that conduct under this Act.\nliability includes civil or criminal liability or any liability arising from\nan administrative action (including disciplinary action or dismissal).\n\nDetrimental action against a person Part 7.3\nPart 7.3 Detrimental action against a\nperson\n","sortOrder":310},{"sectionNumber":"292","sectionType":"section","heading":"Meaning of detrimental action—pt 7.3","content":"292 Meaning of detrimental action—pt 7.3\ndetrimental action means action that involves—\n(a) discriminating against a person by treating, or proposing to treat,\nthe person unfavourably in relation to the person’s reputation,\ncareer, profession, employment or trade; or\n(b) harassing or intimidating a person; or\n(c) injuring a person; or\n(d) damaging a person’s property.\n","sortOrder":311},{"sectionNumber":"293","sectionType":"section","heading":"Offence—taking detrimental action","content":"293 Offence—taking detrimental action\n(1) A person commits an offence if the person (the retaliator) takes\ndetrimental action because of—\n(a) a complaint; or\n(b) an own initiative investigation.\n(2) For this part, a retaliator takes detrimental action because of a\ncomplaint or own initiative investigation if the retaliator takes, or\nthreatens to take, detrimental action against someone else because—\n(a) a person has made, or intends to make, a complaint; or\n(b) the retaliator believes that a person has made, or intends to\nmake, a complaint; or\n(c) the commission or the inspector has conducted, is conducting or\nintends to conduct, an own initiative investigation; or\n\nPart 7.3 Detrimental action against a person\n(d) the retaliator believes that the commission or the inspector has\nconducted, is conducting or intends to conduct, an own initiative\n(3) In determining whether a retaliator has taken detrimental action\nbecause of a complaint or own initiative investigation, it is sufficient\nif a reason mentioned in subsection (2) is a contributing reason.\nown initiative investigation means an investigation conducted\n(a) section 101 (Commission may investigate on own initiative); or\n(b) section 265 (Inspector—own initiative investigation).\n","sortOrder":312},{"sectionNumber":"294","sectionType":"section","heading":"Damages for detrimental action","content":"294 Damages for detrimental action\n(1) A person who takes detrimental action against someone else is liable\nin damages to anyone who suffers detriment as a result.\n(2) Detrimental action is a tort and damages may be recovered in a\nproceeding in a court of competent jurisdiction.\n(3) Any remedy that may be given by a court for a tort, including\nexemplary damages, may be given by a court in a proceeding under\nthis section.\n(4) The right of a person to bring a proceeding for damages under this\nsection does not affect any other right or remedy available to the\nperson arising from detrimental action.\n\nDetrimental action against a person Part 7.3\n","sortOrder":313},{"sectionNumber":"295","sectionType":"section","heading":"Injunction to prevent detrimental action etc","content":"295 Injunction to prevent detrimental action etc\n(1) On application, the Supreme Court may—\n(a) if satisfied that a person has taken detrimental action—order the\nperson who took detrimental action to remedy the action; or\n(b) if satisfied that a person is taking, or is likely to take, detrimental\naction—grant an injunction to prevent detrimental action being\ntaken.\n(2) An application may be made by—\n(b) the inspector; or\n(c) a complainant; or\n(d) a person against whom detrimental action has been or is likely\nto be taken.\n(3) The Supreme Court may grant an interim injunction restraining a\nperson from taking detrimental action before deciding an application\nfor an injunction under this section.\n\nPart 7.4 Wellbeing of people involved in matters before the commission\nPart 7.4 Wellbeing of people involved in\nmatters before the commission\n295A Commission—wellbeing policy\n(1) The commission must make a policy about how the commission is to\nprotect the wellbeing of people involved in matters before the\ncommission (the wellbeing policy).\n(2) The wellbeing policy must deal with supports and protections the\ncommission may provide for the following:\n(a) a witness who appears before the commission to give evidence\nat an examination, in particular, a vulnerable witness mentioned\nin section 153 (Examination—provisions for vulnerable\nwitnesses);\nNote Vulnerable witnesses mentioned in s 153 include:\n• witnesses who are under 18 years old\n• witnesses who do not have proficient English language skills\n• witnesses who have a mental impairment.\n(b) a person given a private recommendation that is later made\npublic under section 181;\n(c) a person to be mentioned in an investigation report under\nsection 182;\n(d) a person given a proposed investigation report under\nsection 188;\n(e) a person mentioned in an investigation report presented to the\nLegislative Assembly under section 189;\n(f) a person whose prosecution outcome, or termination action\noutcome, is published by the commission under section 203;\n(g) a person mentioned in section 204 whose reputation may have\nbeen damaged;\n\nWellbeing of people involved in matters before the commission Part 7.4\n(h) a person to be mentioned in a special report under section 206;\n(i) a person given a proposed special report under section 212;\n(j) a person mentioned in a special report presented to the\nLegislative Assembly under section 213;\n(k) a person to be mentioned in a commission annual report under\nsection 217;\n(l) a person given a proposed commission annual report under\nsection 224;\n(m) a person mentioned in a commission annual report.\n(3) In addition, the wellbeing policy must deal with the matters to be\nconsidered by the commission in making a decision under any of the\nfollowing sections about whether identifying a person in a report is\nlikely to cause unreasonable damage to the person’s wellbeing:\n(a) section 186 (b) (Investigation report—not to include\ninformation identifying certain people);\n(b) section 210 (b) (Special report—not to include information\nidentifying certain people);\n(c) section 222 (b) (Commission annual report—not to include\ninformation identifying certain people).\n(4) Before making the wellbeing policy, the commission—\n(a) must consult a psychiatrist or psychologist with knowledge and\nexperience relevant to the policy; and\n(b) may consult anyone else the commission considers appropriate.\n(5) The wellbeing policy is a notifiable instrument.\n(6) The commission must also publish the wellbeing policy on the\ncommission’s website.\n\nPart 7.4 Wellbeing of people involved in matters before the commission\n(7) In this section:\npsychiatrist means a doctor who is registered under the Health\nPractitioner Regulation National Law (ACT) to practise in the\nspecialty of psychiatry.\n\n","sortOrder":314},{"sectionNumber":"296","sectionType":"section","heading":"Offence—obstruct commission, inspector and others","content":"296 Offence—obstruct commission, inspector and others\n(a) obstructs, hinders, resists or threatens any of the following\npeople in the exercise of a function or power under this Act:\n(b) obstructs, hinders, resists or threatens a lawyer or other person\nauthorised to appear before the commission in relation to that\nappearance; or\n(c) fails to comply with a lawful requirement of any of the following\npeople under this Act:\n(d) makes a false statement to, misleads, or attempts to mislead, any\nof the following people in the exercise of a function under this\nAct:\n(e) disrupts an examination before the commission.\nMaximum penalty: 50 penalty units, imprisonment for 12 months or\n(2) Subsection (1) (a), (b) and (c) do not apply if the person has a\nreasonable excuse.\n\n","sortOrder":315},{"sectionNumber":"297","sectionType":"section","heading":"Offences—use or divulge protected information","content":"297 Offences—use or divulge protected information\n(1) A person to whom this section applies commits an offence if—\n(a) the person uses information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether the information is protected\ninformation about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(2) A person to whom this section applies commits an offence if—\n(a) the person does something that divulges information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(3) Subsections (1) and (2) do not apply—\n(a) if the information is used or divulged—\n(i) under this Act or another territory law; or\n(ii) in relation to the exercise of a function by a person to whom\nthis section applies under this Act or another territory law;\nor\n(iii) in a court proceeding; or\n\n(b) to the using or divulging of protected information about a person\nwith the person’s consent; or\n(c) if the person divulges the information to a doctor or psychologist\nin the course of seeking assistance with their health or\nwellbeing; or\n(d) if the person divulges the information to their insurer in the\ncourse of making a claim about a matter related to the protected\ninformation under either of the following Acts:\n(e) if the person divulges the information because they believe on\n(i) there is an emergency; and\n(ii) divulging the information is the only reasonable way to\ndeal with the emergency.\nExamples—emergency\n1 a person needs urgent medical attention\n2 a person threatens to harm themselves or another person\nmentioned in s (3) (see Criminal Code, s 58).\n(4) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother law in force in the Territory.\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\n\ndivulge includes—\n(a) communicate; or\n(b) publish.\nperson to whom this section applies means—\n(a) a person who is or has been—\n(iii) the inspector; or\n(iv) a member of staff of the inspector; or\n(b) anyone else who exercises, or has exercised, a function under\nthis Act.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\nuse, in relation to information, includes make a record of the\n","sortOrder":316},{"sectionNumber":"298","sectionType":"section","heading":"Protection of officials from liability","content":"298 Protection of officials from liability\n(1) An official is not civilly liable for anything done or omitted to be done\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\n(2) Any civil liability that would, apart from subsection (1), attach to an\nofficial attaches instead to the Territory.\n\nofficial means—\n(c) the inspector; or\n(d) a member of staff of the inspector; or\n(e) a person authorised under this Act to do or not to do a thing.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n","sortOrder":317},{"sectionNumber":"299","sectionType":"section","heading":"Information guidelines","content":"299 Information guidelines\n(1) The commission must make guidelines about the handling of\ninformation under this Act (the information guidelines).\n(2) Before making an information guideline, the commission must\nconsult the information privacy commissioner.\n(3) The information guidelines are a notifiable instrument.\n","sortOrder":318},{"sectionNumber":"300","sectionType":"section","heading":"Unavailability of Speaker","content":"300 Unavailability of Speaker\n(1) This section applies to the following sections:\n(a) section 189 (Investigation report—presentation to Legislative\n(b) section 190 (Investigation report—publication on website);\n(c) section 191 (Investigation report—Ministerial response about\nACT public service entity);\n(d) section 213 (Special report—presentation to Legislative\n(e) section 214 (Special report—publication on website);\n\n(f) section 215 (Special report—Ministerial response about ACT\npublic service entity);\n(g) section 278 (Inspector’s special report—presentation to\nLegislative Assembly);\n(h) section 279 (Inspector’s special report—publication on\nwebsite).\n(2) In a section mentioned in subsection (1):\nSpeaker includes—\n(a) if the Speaker is unavailable—the Deputy Speaker; and\n(b) if both the Speaker and the Deputy Speaker are unavailable—\nthe clerk of the Legislative Assembly.\nunavailable—\n(a) the Speaker is unavailable if—\n(i) the Speaker is absent from duty; or\n(ii) there is a vacancy in the office of Speaker; or\n(iii) the Speaker has an actual or perceived conflict of interest\nthat would prevent the Speaker from properly carrying out\nthe functions of Speaker under this Act; or\n(iv) the Speaker cannot for any reason exercise the functions of\nthe Speaker; and\n(b) the Deputy Speaker is unavailable if—\n(i) the Deputy Speaker is absent from duty; or\n(ii) there is a vacancy in the office of Deputy Speaker; or\n(iii) the Deputy Speaker has an actual or perceived conflict of\ninterest that would prevent the Deputy Speaker from\nproperly carrying out the functions of Speaker under this\n\n(iv) the Deputy Speaker cannot for any reason exercise the\nfunctions of the Speaker.\n","sortOrder":319},{"sectionNumber":"301","sectionType":"section","heading":"Assistance for Speaker","content":"301 Assistance for Speaker\nIn exercising a function under this Act, the Speaker may seek\nadministrative support or advice from—\n(a) the Office of the Legislative Assembly; or\n(b) another entity that is able to provide impartial administrative\nsupport or advice.\n","sortOrder":320},{"sectionNumber":"302","sectionType":"section","heading":"Regulation-making power","content":"302 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The Executive must consult the commission and the relevant\nAssembly committee before making a regulation under this Act.\n(3) Subject to any disallowance or amendment under the Legislation Act,\nchapter 7, a regulation under this Act commences—\n(a) if there is a motion to disallow the regulation and the motion is\nnegatived by the Legislative Assembly—on the day after the day\nthe motion is negatived; or\n(b) on the day after the 6th sitting day after the day it is presented to\nthe Legislative Assembly under that chapter; or\n(c) if the regulation provides for a later date or time of\ncommencement—on that date or at that time.\n","sortOrder":321},{"sectionNumber":"303","sectionType":"section","heading":"Review of Act","content":"303 Review of Act\n(1) The Minister must, in consultation with the Speaker, review the\noperation of this Act as soon as practicable—\n(a) 3 years after the commencement of this section; and\n(b) every 5 years after the first review of this Act.\n\n(2) The Minister must present a report of the review to the Legislative\nAssembly at a time decided in consultation with the Speaker.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• administrative unit\n• auditor-general\n• bankrupt or personally insolvent\n• Chief Justice\n• Chief Magistrate\n• Chief Minister\n• chief police officer\n• Commonwealth\n• Corporations Act\n• Deputy Speaker\n• director-general (see s 163)\n• director of public prosecutions\n• doctor\n• document\n• domestic partner (see s 169 (1))\n• electoral commissioner\n• entity\n• Executive\n• financial year\n• head of service\n• human rights commissioner\n• information privacy commissioner\n• judge\n• lawyer\n• Legislative Assembly\n\n• magistrate\n• Magistrates Court\n• may (see s 146)\n• Minister (see s 162)\n• must (see s 146)\n• Office of the Legislative Assembly\n• officer of the Assembly\n• ombudsman\n• penalty unit (see s 133)\n• person (see s 160)\n• property\n• public sector standards commissioner\n• public servant\n• public service\n• registrar\n• Self-Government Act\n• self-government day\n• Speaker\n• State\n• statutory office-holder\n• Supreme Court\n• territory authority\n• territory instrumentality\n• territory law\n• territory-owned corporation\n• the Territory.\nACT public service entity—see section 16.\nannual operational review—see section 280.\nannual operational review report—see section 281.\nAssembly information—see section 85A.\n\nAssembly precincts—see the Legislative Assembly Precincts\nAct 2001, dictionary.\nAustralian Federal Police means the Australian Federal Police\nconstituted under the Australian Federal Police Act 1979 (Cwlth),\nsection 6.\nCEO—see section 41.\ncommission means the ACT Integrity Commission established under\nsection 19.\ncommission annual report—see section 217.\ncommission personnel, for part 5.2 (Inspector—investigating\ncomplaints about the commission)—see section 256.\ncommissioner means the ACT Integrity Commissioner appointed\nunder section 25.\ncommissioner selection criteria and process determination—see\nsection 27.\ncomplainant—\n(a) for a corruption complaint—see section 57.\n(b) for chapter 7 (Protections for people involved in\ninvestigations)—see section 287.\ncomplaint, for chapter 7 (Protections for people involved in\ninvestigations)—see section 287.\nconfidentiality notice—see section 77.\nconnected, for part 3.5 (Commission—powers of entry, search and\ncontempt certificate—see section 167.\n\ncorrupt conduct—\n(a) see section 9; and\n(b) for part 3.5 (Commission—powers of entry, search and\ncorruption complaint—see section 57.\ncorruption report—see section 69.\ndetrimental action, for part 7.3 (Detrimental action against a\nperson)—see section 292.\nentity of a public nature—see section 18.\nexamination summons—see section 147.\nhead, of a public sector entity—see section 15.\ninspector means the inspector of the commission under this Act.\ninspector selection criteria and process determination—see\nsection 232.\ninspector’s annual report—see section 282.\ninspector’s special report—see section 275.\nintegrity body means the following:\n(a) the inspector;\n(b) the judicial council;\n(c) a judicial commission;\n(d) the auditor-general;\n(e) the ombudsman;\n(f) the information privacy commissioner;\n(g) the National Anti-Corruption Commission;\n\n(h) an entity, established under a law of the Commonwealth or a\nState, with functions substantially corresponding to the\nfunctions of the commission or the inspector;\nNote State includes the Northern Territory (see Legislation Act, dict,\ndef State).\n(i) an auditor-general of the Commonwealth or a State, established\nunder an Act substantially corresponding to the Auditor-General\nAct 1996;\n(j) an ombudsman of the Commonwealth or a State, established\nunder an Act substantially corresponding to the Ombudsman\nAct 1989;\n(k) another entity with an integrity function, prescribed by\nregulation.\ninvestigation report—see section 182.\ninvestigator means a person mentioned in section 113.\njoint investigation—see section 104.\njudicial commission means a judicial commission under the Judicial\nCommissions Act 1994.\njudicial council means the judicial council under the Judicial\nCommissions Act 1994.\njudicial officer—see section 13.\nlaw enforcement agency means the following:\n(a) the Australian Federal Police;\n(b) the police force or police service (however described) of a State;\n(c) another entity that has a law enforcement function, prescribed\nby regulation.\nlegal advice direction—see section 193.\n\nLegislative Assembly commissioner for standards means the\nCommissioner for Standards appointed by the Speaker pursuant to a\nresolution of the Legislative Assembly.\nLegislative Assembly entity—see section 17.\nmandatory corruption notification—see section 61.\nmember of staff of an MLA means a person employed under the\nLegislative Assembly (Members’ Staff) Act 1989.\nmental impairment—see the Criminal Code, section 27.\nNational Anti-Corruption Commission (or NACC)—see the\nNational Anti-Corruption Commission Act 2022 (Cwlth), section 20.\nnon-disclosure notice—\n(a) given by the commission—see section 198; or\n(b) given by the inspector—see section 260.\noccupier, for part 3.5 (Commission—powers of entry, search and\npermitted disclosure—\n(a) of restricted information, for part 3.2 (Commission—\nconfidentiality notices)—see section 81; or\n(b) of information, for part 3.10 (Commission—secrecy and\ninformation sharing)—see section 199; or\n(c) of information, for part 5.2 (Inspector—investigating\ncomplaints about the commission)—see section 261.\nplace of seizure—see section 121.\n\npolice certificate, for a person, means a written statement by the\nAustralian Federal Police or the Australian Criminal Intelligence\nCommission indicating—\n(a) whether, according to the records held by the Australian Federal\nPolice or the Australian Criminal Intelligence Commission, the\nperson has been charged with, or convicted of, an offence\nagainst a law of—\n(i) the Territory; or\n(ii) the Commonwealth; or\n(iii) a State; or\n(iv) another country; and\n(b) if so—particulars of each offence.\nNote A conviction does not include a spent conviction or an extinguished\nconviction (see Spent Convictions Act 2000, s 16 (c) (i) and\ns 19H (1) (c) (i)).\npolitical party—see the Electoral Act 1992, dictionary.\npreliminary inquiry notice—see section 90.\npremises, for part 3.5 (Commission—powers of entry, search and\nprivilege—see section 174.\nprohibited disclosure—\n(a) of restricted information in a confidentiality notice—see\nsection 80; or\n(b) of information in a non-disclosure notice given by—\n(i) the commission—see section 198; or\n(ii) the inspector—see section 260.\n\nprosecutorial body means any of the following:\n(a) the director of public prosecutions;\n(b) the Director of Public Prosecutions of the Commonwealth\nappointed under the Director of Public Prosecutions Act 1983\n(Cwlth), section 18;\n(c) the Director of Public Prosecutions of a State;\n(d) another person or body with a prosecutorial function, prescribed\nby regulation.\npsychologist means a person registered under the Health Practitioner\nRegulation National Law (ACT) to practise in the psychology\nprofession (other than as a student).\npublic official—see section 12.\npublic sector entity—see section 14.\nreferral entity—see section 106.\nregistered party—see the Electoral Act 1992, dictionary.\nrelevant Assembly committee means the standing committee of the\nLegislative Assembly whose functions include the examination of\nmatters related to corruption and integrity in public administration.\nrestricted information—see section 76.\nSES member—see the Public Sector Management Act 1994,\nserious corrupt conduct—see section 10.\nspecial report—see section 206.\nstaff of the commission—see section 47.\nstaff of the inspector—see section 248.\nsystemic corrupt conduct—see section 11.\n\ntakes, for part 7.3 (Detrimental action against a person)—see\nsection 293.\ntermination action, against a person, means action—\n(a) terminating the person’s employment; or\n(b) ending the person’s appointment; or\n(c) terminating the person’s contract for services.\nwarrant, for part 3.5 (Commission—powers of entry, search and\nwellbeing policy—see section 295A (1).\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":322},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nIntegrity Commission Act 2018 A2018-52\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nch 1, ch 2, ch 5, ch 9, sch 1 pt 1.1, sch 1 pt 1.10, sch 1 pt 1.12, sch 1\npt 1.13, sch 1 pt 1.15, sch 1 pt 1.20, dict commenced 1 July 2019\n(s 2 (1) as am by A2019-18 s 4)\nremainder commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nas amended by\nIntegrity Commission Amendment Act 2019 A2019-18\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\ns 5, s 6 commenced 1 July 2019 (s 2 (2) and see Integrity Commission\nAct 2018 A2018-52 s 2 (1) (as am by this Act s 4))\ns 7 commenced 1 December 2019 (s 2 (3) and see Integrity\nCommission Act 2018 A2018-52 s 2 (2) (a) (as am by this Act s 4))\nPublic Interest Disclosure Amendment Act 2020 A2020-46 sch 1 pt 1.2\nnotified LR 4 September 2020\ns 1, s 2 commenced 4 September 2020 (LA s 75 (1))\nsch 1 pt 1.2 commenced 4 March 2021 (s 2 and LA s 79)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.27\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.27 commenced 23 June 2021 (s 2 (1))\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.13\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.13 commenced 6 April 2022 (s 2)\nIntegrity Commission Amendment Act 2022 A2022-17\nnotified LR 28 October 2022\ns 1, s 2 commenced 28 October 2022 (LA s 75 (1))\nremainder commenced 29 October 2022 (s 2)\n\n3 Legislation history\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.7\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.7 commenced 30 September 2023 (s 2)\nCrimes Legislation Amendment Act 2024 (No 2) A2024-16\nsch 1 pt 1.2\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 1 pt 1.2 commenced 26 April 2024 (s 2)\nIntegrity Legislation Amendment Act 2024 A2024-47 pt 3, sch 1\nnotified LR 19 September 2024\ns 1, s 2 commenced 19 September 2024 (LA s 75 (1))\ns 42, s 87, s 94, s 98 commenced 19 March 2025 (s 2 (2))\npt 3 remainder, sch 1 commenced 26 September 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.99\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.99 commenced 16 December 2025 (s 2 (6))\n\nCommencement\ns 2 sub A2019-18 s 4\nom LA s 89 (4)\nMeaning of judicial officer\ns 13 am A2023-37 amdt 1.11\nFunctions of commissioner\ns 24 am A2020-46 amdt 1.2\nCommissioner—appointment\ns 25 am A2025-29 amdt 4.99\nCommissioner—eligibility for appointment\ns 26 am A2024-47 s 7, s 8; ss renum R9 LA\nCommissioner—selection criteria and process\ns 27 am A2025-29 amdt 4.99\nCommissioner—disclosure of interests\ns 30 am A2024-47 s 9\nCommissioner—acting appointment\ns 40 sub A2020-46 amdt 1.3; A2024-47 s 10\nCEO—appointment\ns 41 am A2024-47 s 11; pars renum R9 LA\nStaff of the commission—eligibility for appointment\ns 50 am A2019-18 s 5, s 6; A2024-47 ss 12-14\nStaff of the commission—conflicts of interest register\ns 50A ins A2024-47 s 15\nStaff of the commission—personal interest guidelines\ns 50B ins A2024-47 s 15\nCertain disclosures under Public Interest Disclosure Act 2012 may be\ncorruption complaints\ns 59A ins A2020-46 amdt 1.4\nMandatory corruption notifications—heads of public sector entities and\nsenior executives\ns 62 am A2024-47 s 16\nMandatory corruption notifications—MLAs and chiefs of staff\ns 63 am A2024-47 s 17\nDirections about mandatory corruption notifications\ns 64 am A2025-29 amdt 4.99\n\nWhen corruption reports must be dismissed\ns 71 am A2024-16 amdt 1.2\nCommission must keep complainant informed\ns 72 am A2024-47 s 18\nCommission must keep notifier informed\ns 74 am A2024-47 s 19\nConfidentiality notices for preliminary inquiries\ns 78 am A2024-47 s 20\nConfidentiality notices for investigations\ns 79 am A2024-47 s 21\nConfidentiality notices—content\ns 80 am A2022-17 s 4; A2024-47 amdt 1.1\nMeaning of permitted disclosure of restricted information—pt 3.2\ns 81 am A2022-17 s 5; pars renum R6 LA; A2024-47 ss 22-24; pars\nrenum R9 LA\nConfidentiality notices—amendment and revocation\ns 82 am A2025-29 amdt 4.99\nMeaning of Assembly information\ns 85A ins A2022-17 s 6\nPower to request information from head of public sector entity\ns 89 am A2022-17 ss 7-9; ss renum R6 LA; A2024-47 s 25\nDealing with request for Assembly information\ns 89A ins A2022-17 s 10\nPower to issue preliminary inquiry notice\ns 90 am A2022-17 s 11; A2024-47 ss 26-28; ss renum R9 LA\nDealing with preliminary inquiry notice for Assembly information\ns 90A ins A2022-17 s 12\nPreliminary inquiry notice—delivery of document or thing\ns 90B ins A2024-47 s 29\nPreliminary inquiry notice—content\ns 91 am A2022-17 s 13; pars renum R6 LA; A2024-47 s 30, s 31;\npars renum R9 LA\nPreliminary inquiry notice—person under 16 years\ns 92 am A2024-47 amdt 1.2\nPreliminary inquiry notice—service\ns 93 am A2024-47 s 32\nPreliminary inquiry notice—first actions to be taken\ns 94 am A2024-47 amdt 1.3, amdt 1.4\n\nPreliminary inquiry notice—extension\ns 94A ins A2024-47 s 33\nInvestigation of judicial officers\ns 102 am A2023-37 amdt 1.12\nDiscontinuing an investigation\ns 112 am A2024-16 amdt 1.3\nGeneral powers on entry to premises\ns 120 am A2022-17 s 14\nWarrants—generally\ns 122 am A2022-17 s 15\nSearch warrants—claiming privilege\ns 127 am A2022-17 s 16\nSearch warrants—claiming parliamentary privilege\ns 130A ins A2022-17 s 17\nSearch warrants—investigator to give secured documents etc to clerk\ns 130B ins A2022-17 s 17\nConduct of examinations\ns 142 am A2025-29 amdt 4.99\nExaminations may be public or private\ns 143 am A2024-47 s 34\nCommission must notify inspector of public examination\ns 144 sub A2024-47 s 35\nPower to issue examination summons\ns 147 am A2022-17 s 18; A2024-47 ss 36-40; ss, pars renum R9 LA\nDealing with examination summons for Assembly information\ns 147A ins A2022-17 s 19\nExamination summons—delivery of document or thing\ns 147B ins A2024-47 s 41\nExamination summons—content\ns 148 am A2022-17 s 20; pars renum R6 LA; A2024-47 s 43, s 44;\npars renum R9 LA; A2024-47 s 42; pars renum R10 LA\nExamination summons—person under 16 years\ns 149 am A2024-47 amdt 1.5\nExamination summons—notice and immediate attendance\ns 150 am A2024-47 s 45\nExamination—provisions for vulnerable witnesses\ns 153 am A2024-47 amdt 1.6, amdt 1.7\n\nExamination—first actions to be taken\ns 156 am A2024-47 amdt 1.8, amdt 1.9\nExamination summons—extension\ns 156A ins A2024-47 s 46\nExamination—dealing with Assembly information discovered\ns 158A ins A2022-17 s 21\nInvestigation report—comments on proposed reports\ns 188 am A2024-47 s 47\nInvestigation report—considering comments on proposed reports\ns 188A ins A2024-47 s 48\nPublic sector entity may disclose information to commission\ns 195 am A2022-17 s 22; A2024-47 s 49\nInformation about investigation may be given to certain people\ns 197 am A2024-47 amdt 1.10\nCommission must give non-disclosure notice when giving information\ns 198 am A2024-47 ss 50-53; ss renum R9 LA; A2025-29 amdt 4.99\nMeaning of permitted disclosure of information—pt 3.10\ns 199 am A2024-47 ss 54-56; pars renum R9 LA\nOffences—disclose information received from the commission\ns 201 am A2024-47 s 57\nReputational repair protocols\ns 204 am A2025-29 amdt 4.99\nCommissioner—monthly reports to inspector\ns 205 am A2024-47 ss 58-61; pars renum R9 LA\nSpecial report—not to include information that may prejudice proceeding etc\ns 209 am A2024-47 s 62\nSpecial report—comments on proposed reports\ns 212 am A2024-47 s 63, amdt 1.11, amdt 1.12\nSpecial report—considering comments on proposed reports\ns 212A ins A2024-47 s 64\nCommission annual report—content\ns 218 am A2020-46 amdt 1.5; pars renum R3 LA; A2024-47 s 65,\ns 66; pars renum R9 LA\nCommission annual report—not to include information that may prejudice\nproceeding etc\ns 221 am A2024-47 s 67\nCommission annual report—comments on proposed reports\ns 224 am A2024-47 s 68\n\nCommission annual report—considering comments on proposed reports\ns 224A ins A2024-47 s 69\nInspector—appointment\ns 230 am A2025-29 amdt 4.99\nInspector—selection criteria and process\ns 232 am A2025-29 amdt 4.99\nInspector—disclosure of interests\ns 236 am A2024-47 s 70\nInspector—acting appointment\ns 246 sub A2020-46 amdt 1.6; A2024-47 s 71\nStaff of the inspector—eligibility for appointment\ns 251 am A2024-47 ss 72-74\nStaff of the inspector—conflicts of interest register\ns 251A ins A2024-47 s 75\nStaff of the inspector—personal interest guidelines\ns 251B ins A2024-47 s 75\nInspector—must keep complainant informed\ns 259 am A2024-47 s 76\nInspector—must give non-disclosure notice when giving information\ns 260 am A2024-47 ss 77-79; ss renum R9 LA; A2025-29 amdt 4.99\nMeaning of permitted disclosure of information—pt 5.2\ns 261 am A2024-47 ss 80-82; pars renum R9 LA\nOffences—disclose information received from the inspector\ns 263 am A2024-47 s 83\nInspector—investigating a complaint\ns 264 am A2025-29 amdt 4.99\nInspector’s special report—comments on proposed reports\ns 277 am A2024-47 s 84\nInspector’s special report—considering comments on proposed reports\ns 277A ins A2024-47 s 85\nInspector—annual operational review of commission\ns 280 am A2024-47 s 86, s 87\nInspector’s annual report—content\ns 283 am A2024-47 ss 88-91; pars renum R9 LA\nInspector’s annual report—comments on proposed reports\ns 285 am A2024-47 s 92\n\nInspector’s annual report—considering comments on proposed reports\ns 285A ins A2024-47 s 93\nSpeaker may appoint special investigator to investigate commission or\ns 286 am A2020-46 amdt 1.7\nProtection from defamation action\ns 289 am A2020-46 amdt 1.8\nWellbeing of people involved in matters before the commission\npt 7.4 hdg ins A2020-46 s 94\nCommission—wellbeing policy\ns 295A ins A2020-46 s 94\nOffences—use or divulge protected information\ns 297 am A2024-47 s 95\nInformation guidelines\ns 299 am A2025-29 amdt 4.99\nRegulation-making power\ns 302 am A2025-29 amdt 4.99\nReview of Act\ns 303 am A2019-18 s 7\nConsequential amendments\nch 9 hdg om LA s 89 (3)\nLegislation amended—sch 1\ns 304 om LA s 89 (3)\nConsequential amendments\nsch 1 hdg om LA s 89 (3)\nAnnual Reports (Government Agencies) Act 2004\nsch 1 pt 1.1 om LA s 89 (3)\nChildren and Young People Act 2008\nsch 1 pt 1.2 om LA s 89 (3)\nCo-operatives National Law (ACT) Act 2017\nsch 1 pt 1.3 om LA s 89 (3)\nCorrections Management Act 2007\nsch 1 pt 1.4 om LA s 89 (3)\nCrimes (Assumed Identities) Act 2009\nsch 1 pt 1.5 om LA s 89 (3)\nCrimes (Controlled Operations) Act 2008\nsch 1 pt 1.6 om LA s 89 (3)\n\nCrimes (Protection of Witness Identity) Act 2011\nsch 1 pt 1.7 om LA s 89 (3)\nCrimes (Surveillance Devices) Act 2010\nsch 1 pt 1.8 om LA s 89 (3)\nCriminal Code 2002\nsch 1 pt 1.9 om LA s 89 (3)\nFreedom of Information Act 2016\nsch 1 pt 1.10 om LA s 89 (3)\nGambling and Racing Control Act 1999\nsch 1 pt 1.11 om LA s 89 (3)\nGovernment Procurement Act 2001\nsch 1 pt 1.12 om LA s 89 (3)\nInformation Privacy Act 2014\nsch 1 pt 1.13 om LA s 89 (3)\nInspector of Correctional Services Act 2017\nsch 1 pt 1.14 om LA s 89 (3)\nLegislation Act 2001\nsch 1 pt 1.15 om LA s 89 (3)\nMental Health Act 2015\nsch 1 pt 1.16 om LA s 89 (3)\nMental Health (Secure Facilities) Act 2016\nsch 1 pt 1.17 om LA s 89 (3)\nOfficial Visitor Act 2012\nsch 1 pt 1.18 om LA s 89 (3)\nPublic Interest Disclosure Act 2012\nsch 1 pt 1.19 om LA s 89 (3)\nRemuneration Tribunal Act 1995\nsch 1 pt 1.20 om LA s 89 (3)\nTaxation Administration Act 1999\nsch 1 pt 1.21 om LA s 89 (3)\nTerrorism (Extraordinary Temporary Powers) Act 2006\nsch 1 pt 1.22 om LA s 89 (3)\nVictims of Crime Act 1994\nsch 1 pt 1.23 om LA s 89 (3)\ndict am A2024-47 s 96\ndef Assembly information ins A2022-17 s 23\n\ndef Australian Commission for Law Enforcement\nIntegrity (or ACLEI) om A2024-16 amdt 1.4\ndef inspector of correctional services om A2021-12\namdt 3.63\ndef integrity body am A2024-16 amdt 1.5\ndef National Anti-Corruption Commission (or NACC) ins\nA2024-16 amdt 1.6\ndef psychologist ins A2024-47 s 97\ndef relevant Assembly committee am A2022-4 amdt 1.42\ndef wellbeing policy ins A2024-47 s 98\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n1 July 2019–\n30 Nov 2019\nA2019-18 new Act and\namendments by\nA2019-18\n1 Dec 2019\n1 Dec 2019–\n3 Mar 2021\nA2019-18 commenced\nprovisions and\namendments by\nA2019-18\n4 Mar 2021\n4 Mar 2021–\nA2020-46 amendments by\nA2020-46\n23 June 2021–\n5 Apr 2022\nA2021-12 amendments by\nA2021-12\n6 Apr 2022\n6 Apr 2022–\n28 Oct 2022\nA2022-4 amendments by\nA2022-4\n29 Oct 2022\n29 Oct 2022–\n29 Sept 2023\nA2022-17 amendments by\nA2022-17\n30 Sept 2023\n30 Sept 2023–\n25 Apr 2024\nA2023-37 amendments by\nA2023-37\n26 Apr 2024\n26 Apr 2024–\n25 Sept 2024\nA2024-16 amendments by\nA2024-16\n26 Sept 2024\n26 Sept 2024–\nA2024-47 amendments by\nA2024-47\n19 Mar 2025\n19 Mar 2025–\n15 Dec 2025\nA2024-47 amendments by\nA2024-47\n","sortOrder":323}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Since its original purpose of creating an ACT anti‑corruption body, the Act has been materially expanded by later amendments. The changes broadened and deepened the Commission’s operational regime and added oversight, mandatory reporting and welfare architecture. Concrete scope expansions include: \n\n- Mandatory corruption notification obligations and offences for heads of public sector entities, SES members, MLAs and chiefs of staff (s 61–68) — this adds affirmative duties on political and senior public officeholders beyond passive complaint intake. \n\n- A detailed confidentiality and non‑disclosure regime with criminal penalties and a route to extend secrecy orders via the Supreme Court (s 76–85; s 83). This built a statutory secrecy architecture that did not exist in the original core investigatory model. \n\n- Statutory limitation and replacement of privilege against self‑incrimination with use/derivative‑use immunities for compelled materials in Commission processes (s 175–176), changing the balance between fact‑finding and prosecutorial use of compelled information. \n\n- Creation and empowerment of an independent Inspector with inspection, complaint handling and reporting powers over the Commission (s 225–228; s 256–285) — this adds formal external oversight to the Commission’s operations. \n\n- Prescriptive reporting and administrative burdens (monthly reporting to the Inspector, detailed annual report content, consultation and comment processes for proposed reports) (s 205; s 218; s 283). \n\n- New welfare and reputational protocols: a statutory wellbeing policy for witnesses and a reputational repair protocol for people adversely named in reports (s 295A; s 204). \n\nThese additions shift the law from simply creating an investigatory body to creating a full operational ecosystem with compliance duties for many public actors, a layered secrecy regime, statutory limits on privilege, and formalised oversight and reporting obligations. The changes expand both the Commission’s powers and the administrative/compliance footprint on the Territory public sector (see cited sections above)."},"complexity_factors":["Very long Act: about 303 sections across 8 Chapters (extensive substantive and procedural coverage).","Large dictionary and many defined terms (dozens) cross‑referenced throughout (eg. corrupt conduct, public official, Assembly information).","Multiple overlapping investigative regimes and powers: preliminary inquiries, examination summonses, search warrants, seizure, compulsory production, and arrest warrants (Parts 3.3–3.6 and 3.5).","Extensive conditional logic and nested exceptions (eg. when privilege is excluded, when information may be published, limits on identifying persons) (s 71, s 175–187).","Significant cross‑references to other laws and bodies: Criminal Code, Evidence Act, Public Interest Disclosure Act, Supreme Court procedures, various federal/state integrity bodies (frequent external dependencies).","Complex secrecy architecture: confidentiality notices, non‑disclosure notices, extensions by Supreme Court, statutory permitted disclosures and multiple criminal offences for breach (s 76–85; s 198–201).","Numerous administrative instruments and delegated rulemaking: disallowable and notifiable instruments (commissioner/inspector selection determinations, guidelines, reputational protocols, wellbeing policy, personal interest guidelines, information guidelines).","Multiple offences and remedies with differing penalties (penalty units, imprisonment, contempt, civil torts for detrimental action) and overlapping remedies (criminal, civil, contempt) (eg. s 85, s 173, s 293–295).","Dual oversight structure creating interlocking procedures: Commissioner (operational), Inspector (oversight), Speaker/Assembly roles, judicial review routes — many timelines and procedural steps (s 25–40; s 225–246; s 96–97; s 167–169)."],"plain_english_summary":"**What this law does, in simple terms**\n\n- Establishes the ACT Integrity Commission (the Commission) and an independent Integrity Commissioner to identify, investigate and expose corruption in Territory public administration (s 19, s 23).  The Commissioner is supported by a CEO and staff (s 41–49). \n\n- Defines the scope of wrongdoing the Commission deals with as “corrupt conduct” (wide definition that covers criminal offences, serious disciplinary breaches and conduct that undermines public trust) and prioritises serious or systemic corrupt conduct (s 9–11). \n\n- Gives the Commission investigative powers broadly similar to many law‑enforcement bodies: it can open preliminary inquiries, issue notices to produce documents, run formal examinations under oath, summon witnesses, apply for search warrants and seize evidence (pp. Part 3 generally; see in particular s 86–96, s 100, s 122, s 147, s 121).  It can also conduct joint investigations or refer matters to other bodies (s 104, s 107, s 111). \n\n- Creates a confidentiality and non‑disclosure regime to protect the integrity of inquiries and the safety/reputation of people involved. The Commission can issue confidentiality notices and non‑disclosure notices that make it an offence to disclose specified information (s 76–85, s 198–201).  There are statutory exceptions for limited, authorised disclosures (s 81, s 199). \n\n- Limits ordinary privileges against self‑incrimination for witnesses in Commission processes, replacing them with use/derivative‑use immunities so compelled answers can’t generally be used against a person in later civil or criminal proceedings (except in specified circumstances such as a prosecution for giving false evidence) (s 175–176). \n\n- Requires certain public officials and senior staff to notify the Commission if they suspect serious or systemic corrupt conduct (mandatory corruption notifications for heads of public sector entities, senior executives, MLAs and chiefs of staff) and creates criminal penalties for failure to notify in specified circumstances (s 61–68). \n\n- Establishes an independent Inspector of the Commission to receive complaints about Commission conduct, inspect records, investigate the Commission’s compliance with the Act and report to the Assembly (s 225–228, s 256–266).  The Inspector has statutory access powers and reporting duties. \n\n- Sets out reporting and publication processes: investigation, special and annual reports must be prepared, presented to the Legislative Assembly and (generally) published online, subject to restrictions that protect ongoing prosecutions or private interests (s 182–192, s 206–216, s 217–224).  The Commission also must send monthly operational reports to the Inspector (s 205). \n\n- Provides statutory protections for people who make complaints or assist investigations (immunity from liability, certain defamation protections and remedies against detrimental action; s 288–295).  It also requires the Commission to have a wellbeing policy for vulnerable witnesses and others affected by its work (s 295A). \n\n**Who is affected**\n\n- Public officials and public‑sector entities across the ACT (a broad definition that includes MLAs, their staff, public servants, statutory office‑holders and contractors doing public functions) — they can be the subject of complaints, investigations, mandatory notifier obligations and possible disciplinary or criminal referral (s 12–18; s 61–68). \n\n- Private persons and businesses may be drawn in when they provide documents or are witnesses to conduct, and some private entities classified as “entities of a public nature” are within the Commission’s reach when performing public functions (s 18). \n\n- The Commissioner, CEO and Commission staff — their roles, appointment rules, conflicts registers and oversight by the Inspector are all governed, with explicit limits on appointment eligibility and grounds for suspension/removal (s 25–40; s 41–46; s 30–35; s 225–246). \n\n- Other integrity and prosecutorial bodies (police, DPP, judicial commissions, ombudsman, comparable State/Commonwealth bodies) because of referral, information sharing and joint investigation powers (s 104, s 107, s 111, s 196). \n\n**Why it matters (mechanics and consequences, not politics)**\n\n- Strong investigatory tools: the Commission can compel documents and testimony and obtain search warrants and seizures. That reduces information asymmetry and increases the practical risk of detection for corrupt conduct (s 122, s 147, s 121). \n\n- Limits on privilege with statutory immunities: witnesses cannot avoid answering on self‑incrimination grounds in Commission proceedings, but the law protects most of that information from later use (use/derivative‑use immunity). That increases the Commission’s fact‑finding power while still constraining prosecutorial use of compelled material (s 175–176). \n\n- Tight secrecy controls and criminal penalties for disclosure (confidentiality notices, non‑disclosure notices) protect investigations but raise compliance obligations for recipients of Commission material and risk criminal exposure for missteps (s 78–85; s 198–201). \n\n- Mandatory reporting duties place affirmative obligations on senior public officials and political staff. Those duties create compliance costs, possible criminal exposure for failures to notify (50 penalty units in many cases), and incentives for internal reporting and early referral to the Commission (s 62–68). \n\n- Extensive reporting and publication requirements (investigation, special and annual reports) create transparency but also impose operational burdens (preparing proposed reports, giving affected people opportunity to comment, redaction/ confidentiality decisions and potential reputational risks) (s 188–190; s 206–214; s 217–224). \n\n- Oversight architecture: an independent Inspector with access and complaint powers adds a layer of accountability over the Commission’s use of its powers (s 225–228; s 256–267). \n\n- Protections for whistleblowers and witnesses: legal immunity for making complaints, remedies for detrimental action and a statutory wellbeing policy reduce the disincentives to report (s 288–295A). \n\n**Implementation costs, incentives and trade‑offs**\n\n- Who pays: the Territory government funds the Commission’s operations and any compensation ordered for damage caused during execution of powers (s 139). Compliance costs (legal advice, record‑keeping, mandatory notification systems) fall on public sector entities and political offices. \n\n- Behavioural incentives: mandatory notifier rules and strong compulsion powers incentivise internal compliance processes, earlier referral to the Commission or to other integrity bodies, and more conservative decision‑making by public officials where duties intersect with personal interests (s 62–64; s 107). \n\n- Administrative burden and bureaucracy: the Act builds significant administrative processes (conflicts registers, monthly reports to the Inspector, consultation periods for draft reports, personal interest guidelines, notifiable instruments) that increase overhead for the Commission, inspector and public sector entities (s 32; s 205; s 50B; s 198; s 218). \n\n- Trade‑offs between transparency and privacy/safety: statutory publication of reports enhances public awareness (s 190, s 214, s 218), but the law imposes multiple limits to avoid prejudicing prosecutions, protecting victims, and guarding sensitive information — requiring redaction, confidential reports or referral to committees (s 185–187; s 192; s 216). \n\n- Litigation and legal risk: the Act permits compelled testimony but restricts subsequent use of that information; it also creates offences for disclosure and contempt, and provides access to courts (Supreme Court) to resolve privilege claims — all of which will generate litigation over boundaries (s 175–176; s 127–129; s 161–164; s 166–169). \n\n- Potential for concentrated costs and diffuse benefits: the administrative and legal costs concentrate on public sector entities and political offices, while the broader public benefit (reduced corruption risk, improved trust) is diffuse. The Act tries to manage this with prioritisation (serious/systemic matters) and referral powers (s 23(2); s 107). \n\n**Practical implementation risks**\n\n- Discretion-based decisions (what is ‘serious’ or ‘systemic’, when to grant confidentiality, or whether to publish recommendations) create legal and reputational uncertainty for subjects and complainants (s 10–11; s 79–84; s 179–181). \n\n- Frequent cross‑agency coordination: information sharing, referrals and joint investigations require clear memoranda and operational procedures to avoid duplication or turf disputes (s 55–56; s 104; s 196). \n\n- Compliance traps for recipients of restricted material: non‑disclosure regimes are strict and criminalise improper disclosure, making training and clear internal processes essential (s 198–201). \n\n**Bottom line — who decides and who changes behaviour**\n\n- Decision‑makers: the Commissioner (and Commission staff) exercise broad investigatory discretion (s 22–24); the Speaker and Legislative Assembly have appointment, suspension and presentation roles for the Commissioner and the Inspector (s 25, s 36–38, s 230–246); courts (Supreme Court) resolve privilege disputes and contempt matters (s 96–97; s 162–163; s 167–169). \n\n- Behaviour changes expected: public officials and political staff will need stronger compliance and reporting systems; legal and privacy advisors will be more involved before evidence or comments are given to the Commission; and public sector entities will need to manage the trade‑off between early internal handling and mandatory notification to the Commission.\n\n(References are to sections cited in the Act: establishment and functions s 19–24; definitions s 9–18; compulsory powers and process s 86–122, s 147; confidentiality and disclosure s 76–85, s 193–201; mandatory notification s 61–68; inspector and oversight s 225–228, s 256–283; reports and publication s 182–224; protections and wellbeing s 288–295A.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":739},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as established in 2018. The 2025 republication (No 11) incorporates amendments but does not appear to have expanded beyond the original purpose of establishing the Integrity Commission with investigation, prevention and oversight functions. The structure remains focused on: Commission establishment and independence; corruption investigation powers; reporting mechanisms; Inspector oversight; and protections for reporters."},"complexity_factors":["303 sections across 8 chapters with extensive cross-referencing","47+ defined terms in the Dictionary plus signpost definitions to other Acts","Nested conditional logic throughout — e.g., s 71 (when reports must be dismissed) has 11 sub-grounds with multiple exceptions","Multiple overlapping secrecy and confidentiality regimes: confidentiality notices (ss 76-85), non-disclosure notices (ss 198-201), restricted information definitions","Complex appointment and removal processes for Commissioner and Inspector requiring 2/3 Assembly majority, consultation with multiple parties, and detailed suspension procedures (ss 25-40, 229-247)","Extensive privilege provisions — legal professional privilege, parliamentary privilege, self-incrimination immunity with use/derivative use protections (ss 174-178, 270)","Special handling for Assembly information creating procedural gates (ss 85A, 89A, 90A, 147A, 158A, 177, 178)","Detailed examination procedures with vulnerable witness protections, suppression orders, and contempt powers (ss 140-173)","Mandatory reporting offences with knowledge thresholds (ss 61-68)","Complex information sharing restrictions with multiple categories of permitted and prohibited disclosures"],"plain_english_summary":"The bill creates the ACT Integrity Commission, an independent body to investigate corruption across the ACT public sector — MLAs, ministers, public servants, police, judges, contractors and public-sector entities. It can receive complaints (including anonymously), require mandatory reporting, conduct inquiries and investigations, compel evidence, search premises, and publish findings and recommendations.\n\nLimits include protections for judicial functions and parliamentary privilege, no criminal convictions (courts decide that), oversight by an Inspector, and safeguards for reporters and witnesses."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/integrity-commission-act-2018","history":"/api/acts/integrity-commission-act-2018/history","analysis":"/api/acts/integrity-commission-act-2018/analysis","conflicts":"/api/acts/integrity-commission-act-2018/conflicts","importantCases":"/api/acts/integrity-commission-act-2018/important-cases","documents":"/api/acts/integrity-commission-act-2018/documents"}}