15Functions of the IBAC

15 Functions of the IBAC

(1) The IBAC has the functions conferred on the IBAC under this Act or any other Act.

S. 15(1A) inserted by No. 30/2016 s. 8(1).

(1A) In performing its functions, the IBAC must prioritise its attention to the investigation and exposure of corrupt conduct which the IBAC considers may constitute serious corrupt conduct or systemic corrupt conduct.

S. 15(1B) inserted by No. 30/2016 s. 8(1).

(1B) Subsection (1A) does not restrict the IBAC's discretion to determine to investigate any matter that the IBAC considers may constitute corrupt conduct.

(2) Without limiting the generality of subsection (1), the IBAC has the following functions—

S. 15(2)(a) substituted by No. 30/2016 s. 8(2).

(a) to identify, expose and investigate corrupt conduct;

(b) to identify, expose and investigate police personnel misconduct;

(c) to assess police personnel conduct.

(3) Without limiting the generality of subsection (2), the IBAC has the following functions under subsection (2)—

(a) to receive complaints and notifications to the IBAC in relation to corrupt conduct;

(b) in relation to police personnel conduct—

(i) to receive police personnel conduct complaints and notifications to the IBAC;

S. 15(3)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 85.5).

(ii) to ensure that the highest ethical and professional standards are maintained by police officers and protective services officers;

S. 15(3)(b)(iii) amended by No. 37/2014 s. 10(Sch. item 85.5).

(iii) to ensure that police officers and protective services officers have regard to the human rights set out in the Charter of Human Rights and Responsibilities Act 2006;

S. 15(3)(ba) inserted by No. 30/2016 s. 8(3).

(ba) to conduct preliminary inquiries;

(c) to hold examinations;

(d) to make referrals to other persons or bodies.

S. 15(4) amended by No. 2/2019 s. 51(1).

(4) Without limiting subsections (2) and (3), the IBAC has the following functions in relation to public interest complaints—

(a) to investigate any of those complaints that it may investigate in accordance with—

(i) its corrupt conduct investigative functions; or

(ii) its police personnel conduct investigative functions;

(b) to refer the complaints to other persons or bodies to investigate;

(c) to dismiss the complaints.

(5) The IBAC has education and prevention functions for the purpose of achieving the objects of this Act.