Independent Commission Against Corruption Act 2012
Div 4Referrals
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Division 4—Referrals 18F—Action that may be taken following assessment (1) Following an assessment the Office may take action in relation to a matter as follows: (a) if the matter is assessed as raising a potential issue of corruption in public administration that could be the subject of a prosecution, the matter must be referred to the Commission; (b) if the matter is assessed as raising other issues that should be dealt with by an inquiry agency, the matter must be referred, or the complainant or reporting agency advised to refer the matter, to the agency. (2) The same matter, or different aspects of the same matter, may be dealt with contemporaneously under more than 1 paragraph of subsection (1). (3) The making of an assessment, and whether action is taken, and what action is taken, by the Office in respect of the assessment is at the absolute discretion of the Director of OPI. (4) A matter may be dealt with under this section even if it is a matter referred to an inquiry agency or a public authority under another Act. (5) Subject to subsection (6) and any directions by the Director of OPI, reasonable steps must be taken to ensure that a complainant or reporting agency receives an acknowledgment of the complaint or report and is informed as to the action, if any, taken in respect of the matter. (6) If the Office has determined that no action should be taken in relation to a complaint in accordance with section 18E(1)(c), the Office must notify the complainant of that determination as soon as practicable after the determination is made. 18G—Referral to inquiry agency The Office must, before referring a matter to an inquiry agency, take reasonable steps to obtain the views of the agency as to the referral.