12Independence of the Commissioner

12  Independence of the Commissioner

 (1) Subject to this Act and to other laws of the Commonwealth, the Commissioner:

 (a) has complete discretion in the performance of the Commissioner’s functions and the exercise of the Commissioner’s powers; and

 (b) is not subject to direction by any person in relation to the performance of those functions or the exercise of those powers.

Note: The Commissioner must comply with a request by the Minister under subsection 17(1) to inquire into or advise on specified matters.

 (2) In particular, the Commissioner is not subject to direction in relation to:

 (a) the conduct of an inquiry, including:

 (i) the terms of reference for an inquiry (other than an inquiry under section 17); and

 (ii) the timing of an inquiry (other than an inquiry under section 17); and

 (iii) the priority to be given to an inquiry; or

 (b) the content of a report of an inquiry.