Independent Commission Against Corruption Act 2012
Div 2Complaints and reports
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Division 2—Complaints and reports 18A—Complaints system (1) A system for the receipt of complaints about public administration is to be established for the Office by the Director of OPI. (2) The system must permit the making of complaints relating to matters that are (in the opinion of the Director of OPI) sensitive, complex or of significant public interest to be made in person to a member of the Office. (3) The system must ensure that the Office gives consideration to the motives of a complainant and that complaints that are apparently made in bad faith, for an improper purpose, are vexatious or that otherwise amount to an abuse of the complaints system are not received for consideration by the Office. 18B—Reporting system (1) The Director of OPI must prepare directions and guidelines governing reporting to the Office of matters that an inquiry agency, public authority or public officer reasonably suspects involves corruption in public administration. (2) The directions and guidelines— (a) must include provisions specifying the matters required to be reported and guidance as to how they should be reported; and (b) may require matters to be reported even if the matter has been referred to the inquiry agency, public authority or public officer under another Act; and (c) must be made available free of charge on the Internet, and at premises established for the receipt of complaints or reports by the Office, for inspection by members of the public. (3) The directions and guidelines must not require— (a) a public officer to report to the Office any information that is subject to legal professional privilege or parliamentary privilege; or (b) a judicial officer to report to the Office any information that has been received by the judicial officer in the exercise of their judicial functions; or (c) a member of Parliament to report to the Office any information that has been received by the member in the exercise of their functions as a member of Parliament. (4) An inquiry agency, public authority or public officer— (a) must make reports to the Office in accordance with the directions; and (b) may report to the Office any matter that the agency, authority or officer reasonably suspects involves corruption in public administration. (5) The Attorney‑General may, in any event, report such matters to the Office for consideration as the Attorney‑General considers appropriate. 18C—Obstruction of complaint or report (a) prevent another person from making a complaint or report under this Act about a matter that may involve corruption in public administration; or (b) hinder or obstruct another person in making such a complaint or report. 18D—False or misleading statements in complaint or report etc (a) make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided in a complaint or report; or (b) make a complaint or report knowing that there are no grounds for the making of the complaint or report.