sec.65APublic statements

### sec.65A Public statements The commission may make a statement to the public about a corruption matter (a public statement ). A public statement may be made in the way the commission considers appropriate. issuing a media release making a verbal statement at a press conference publishing information on the commission’s website A public statement must not include any recommendations in relation to a corruption matter other than a recommendation included in a commission report on the corruption matter that has been tabled in the Legislative Assembly, or published, under section 69 . See also section 48B . In making a decision about making a public statement about a corruption matter under subsection (1) , including the information to be included in the statement, the commission must consider the following matters— the need for accountability and transparency in government and the public sector; whether the statement will be for the public benefit; whether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46 ; the seriousness of the corruption matter; whether the statement may prejudice— any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or an investigation by the commission or other law enforcement agency; whether the statement is the most appropriate and suitable means of releasing information about the corruption matter to the public; to provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption to provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation if a person’s identity is readily apparent, or can reasonably be ascertained, from the statement— whether the standing and status of the person warrants greater public scrutiny; and the person holds a senior role in the public service the person is an independent statutory office holder the person is an elected official whether the statement may unreasonably damage the person’s health, safety or wellbeing; and the seriousness of the person’s conduct; and whether the person consents to being identified; and whether the statement may unreasonably interfere with the person’s privacy or reputation; any other relevant matter. Subsection (4) does not limit or otherwise affect— the operation of section 57 ; or the application of any other law to the commission’s decision. Human Rights Act 2019 , section 58 This section does not limit section 174 , other than to the extent mentioned in section 174 (3) . In this section— information , for a statement, includes— any comments and other material that may be included in the statement; and a fair statement of a person’s submission that must be included in the statement under section 69B (5) or 69D (4) . s 65A ins 2025 No. 7 s 15 (sec.65A-ssec.1) The commission may make a statement to the public about a corruption matter (a public statement ). (sec.65A-ssec.2) A public statement may be made in the way the commission considers appropriate. issuing a media release making a verbal statement at a press conference publishing information on the commission’s website (sec.65A-ssec.3) A public statement must not include any recommendations in relation to a corruption matter other than a recommendation included in a commission report on the corruption matter that has been tabled in the Legislative Assembly, or published, under section 69 . See also section 48B . (sec.65A-ssec.4) In making a decision about making a public statement about a corruption matter under subsection (1) , including the information to be included in the statement, the commission must consider the following matters— the need for accountability and transparency in government and the public sector; whether the statement will be for the public benefit; whether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46 ; the seriousness of the corruption matter; whether the statement may prejudice— any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or an investigation by the commission or other law enforcement agency; whether the statement is the most appropriate and suitable means of releasing information about the corruption matter to the public; to provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption to provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation if a person’s identity is readily apparent, or can reasonably be ascertained, from the statement— whether the standing and status of the person warrants greater public scrutiny; and the person holds a senior role in the public service the person is an independent statutory office holder the person is an elected official whether the statement may unreasonably damage the person’s health, safety or wellbeing; and the seriousness of the person’s conduct; and whether the person consents to being identified; and whether the statement may unreasonably interfere with the person’s privacy or reputation; any other relevant matter. (sec.65A-ssec.5) Subsection (4) does not limit or otherwise affect— the operation of section 57 ; or the application of any other law to the commission’s decision. Human Rights Act 2019 , section 58 (sec.65A-ssec.6) This section does not limit section 174 , other than to the extent mentioned in section 174 (3) . (sec.65A-ssec.7) In this section— information , for a statement, includes— any comments and other material that may be included in the statement; and a fair statement of a person’s submission that must be included in the statement under section 69B (5) or 69D (4) . - • issuing a media release - • making a verbal statement at a press conference - • publishing information on the commission’s website - (a) the need for accountability and transparency in government and the public sector; - (b) whether the statement will be for the public benefit; - (c) whether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46 ; - (d) the seriousness of the corruption matter; - (e) whether the statement may prejudice— (i) any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or (ii) an investigation by the commission or other law enforcement agency; - (i) any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or - (ii) an investigation by the commission or other law enforcement agency; - (f) whether the statement is the most appropriate and suitable means of releasing information about the corruption matter to the public; Examples of when a public statement may be the most appropriate and suitable means of releasing information— • to provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption • to provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation - • to provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption - • to provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation - (g) if a person’s identity is readily apparent, or can reasonably be ascertained, from the statement— (i) whether the standing and status of the person warrants greater public scrutiny; and Examples— • the person holds a senior role in the public service • the person is an independent statutory office holder • the person is an elected official (ii) whether the statement may unreasonably damage the person’s health, safety or wellbeing; and (iii) the seriousness of the person’s conduct; and (iv) whether the person consents to being identified; and (v) whether the statement may unreasonably interfere with the person’s privacy or reputation; - (i) whether the standing and status of the person warrants greater public scrutiny; and Examples— • the person holds a senior role in the public service • the person is an independent statutory office holder • the person is an elected official - • the person holds a senior role in the public service - • the person is an independent statutory office holder - • the person is an elected official - (ii) whether the statement may unreasonably damage the person’s health, safety or wellbeing; and - (iii) the seriousness of the person’s conduct; and - (iv) whether the person consents to being identified; and - (v) whether the statement may unreasonably interfere with the person’s privacy or reputation; - (h) any other relevant matter. - (i) any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or - (ii) an investigation by the commission or other law enforcement agency; - • to provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption - • to provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation - (i) whether the standing and status of the person warrants greater public scrutiny; and Examples— • the person holds a senior role in the public service • the person is an independent statutory office holder • the person is an elected official - • the person holds a senior role in the public service - • the person is an independent statutory office holder - • the person is an elected official - (ii) whether the statement may unreasonably damage the person’s health, safety or wellbeing; and - (iii) the seriousness of the person’s conduct; and - (iv) whether the person consents to being identified; and - (v) whether the statement may unreasonably interfere with the person’s privacy or reputation; - • the person holds a senior role in the public service - • the person is an independent statutory office holder - • the person is an elected official - (a) the operation of section 57 ; or - (b) the application of any other law to the commission’s decision. Example of another law that may apply to the commission’s decision— Human Rights Act 2019 , section 58 - (a) any comments and other material that may be included in the statement; and - (b) a fair statement of a person’s submission that must be included in the statement under section 69B (5) or 69D (4) .