Independent Commission Against Corruption Act 2012
Div 1Establishment and functions
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Division 1—Establishment and functions 17—Establishment of Office and functions (1) The Office for Public Integrity continues in existence with the following functions: (a) to receive and assess complaints about public administration from members of the public; (b) to receive and assess reports about corruption, misconduct and maladministration in public administration from inquiry agencies, public authorities and public officers; (c) to refer complaints and reports to inquiry agencies, public authorities and public officers or to determine to take no action in accordance with this section. (2) The Office is to be comprised of— (a) the Director of OPI; and (b) Public Service employees assigned to the Office. (3) While a Public Service employee is assigned to the Office, directions given to the employee by the Director of OPI prevail over directions given to the employee by the chief executive of the administrative unit of the Public Service in which the employee is employed to the extent of any inconsistency. 18—Director of OPI (1) There is to be a Director of OPI appointed by the Governor for a term not exceeding 7 years and on conditions determined by the Governor. (2) A person appointed to be the Director of OPI is, at the end of a term of appointment, eligible for reappointment. (3) A person is only eligible for appointment as the Director of OPI if the person— (a) is a legal practitioner of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State) or a former judge of the High Court of Australia, the Federal Court of Australia or the Supreme Court or any other court of a State or Territory of the Commonwealth; and (4) The Director of OPI must not, without the consent of the Attorney‑General, engage in any remunerated employment or undertaking outside official duties. (5) The Governor may remove the Director of OPI from office for— (6) The office of Director of OPI becomes vacant if the holder— (iii) an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding subparagraph; or (i) is removed from office by the Governor under subsection (5). (7) Except as is provided by this section, the Director of OPI may not be removed from office, nor will the office of the Director of OPI become vacant. (8) The Director of OPI is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.