Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Independent Commission Against Corruption Act 2012. 3—Primary objects (1) The primary objects of this Act are— (a) to establish the Independent Commission Against Corruption with functions designed to further— (i) the identification and investigation of corruption in public administration; and (ii) the prevention or minimisation of corruption in public administration, including through referral of potential issues, education and evaluation of practices, policies and procedures; and (b) to establish the Office for Public Integrity to manage complaints about public administration with a view to— (i) the identification of corruption, misconduct and maladministration in public administration; and (ii) ensuring that complaints about public administration are dealt with by the most appropriate person or body; and (c) to achieve an appropriate balance between the public interest in exposing corruption, misconduct and maladministration in public administration and the public interest in avoiding undue prejudice to a person's reputation (recognising that the balance may be weighted differently in relation to corruption in public administration as compared to misconduct or maladministration in public administration). (2) Whilst any potential issue of corruption, misconduct or maladministration in public administration may be the subject of a complaint or report under this Act and may be assessed and referred to a relevant body in accordance with this Act, it is intended— (a) that the Commission will exercise its functions only in relation to corruption in public administration; and (b) that matters raising potential issues of misconduct or maladministration in public administration will be referred to another inquiry agency or to a public authority. 4—Interpretation (1) In this Act, unless the contrary intention appears— Australian Parliament means— (a) the Parliament of this State or any other State of the Commonwealth; or (b) the Parliament of the Commonwealth; or (c) a Legislative Assembly of a Territory of the Commonwealth; Commission means the Independent Commission Against Corruption; Commissioner means the person holding or acting in the office of the Independent Commissioner Against Corruption; complaint about public administration includes— (a) a complaint alleging corruption, misconduct or maladministration in public administration; and (b) any complaint about a public authority or public officer; contract work means work performed by a person as a contractor or as an employee of a contractor or otherwise directly or indirectly on behalf of a contractor; contravention includes failure to comply; corruption in public administration—see section 5; Director of OPI means the person holding or acting in the office of the Director of OPI under Part 3; disciplinary action includes any process for termination of employment or dismissal from office; document includes a written record that reproduces in an understandable form information stored by computer, microfilm or other process; examiner—see section 14; inquiry agency means— (a) the Commission; (b) the Ombudsman; (c) the Judicial Conduct Commissioner; investigator—see section 14; judicial body means a court, tribunal, body or person invested by law with judicial or quasi‑judicial powers; Judicial Conduct Commissioner means the person for the time being holding or acting in the office of Judicial Conduct Commissioner under the Judicial Conduct Commissioner Act 2015; judicial officer means a person who alone or with others constitutes a judicial body; law enforcement agency means— (a) the Australian Crime Commission; or (b) the Australian Federal Police; or (c) the Australian Commission for Law Enforcement Integrity; or (d) South Australia Police; or (f) the police force of another State or a Territory of the Commonwealth; or (g) in relation to New South Wales—the Crime Commission, the Independent Commission Against Corruption, the Inspector of the Independent Commission Against Corruption, the Police Integrity Commission or the Inspector of the Police Integrity Commission; or (h) in relation to Queensland—the Crime and Corruption Commission; or (i) in relation to Tasmania—the Integrity Commission; or (j) in relation to Victoria—the Office of Police Integrity, the Independent Broad‑based Anti‑corruption Commission or the Independent Broad‑based Anti‑corruption Commission Committee; or (k) in relation to Western Australia—the Corruption and Crime Commission or the Parliamentary Inspector of the Corruption and Crime Commission; or (l) a Royal Commission of the Commonwealth, the State or another State or a Territory of the Commonwealth; or (m) a person or body declared by regulation to be a law enforcement agency; local government body means a council or a subsidiary of a council established under the Local Government Act 1999; maladministration in public administration—see section 5; Minister responsible for a public authority—see Schedule 1; Minister responsible for an inquiry agency means the Minister responsible for administration of the Act under which the agency is constituted or, if some other Minister is declared by regulation to be responsible for the agency, that Minister; misconduct in public administration—see section 5; Office means the Office for Public Integrity; personal details of a person means— (a) the person's full name; and (b) the person's date of birth; and (c) the address of where the person is living; and (d) the address of where the person usually lives; and (e) the person's business address; prescribed offence means corruption in public administration or an offence against this Act; public administration—without limiting the acts that may comprise public administration, an administrative act within the meaning of the Ombudsman Act 1972 will be taken to be carried out in the course of public administration; public authority—see Schedule 1; public officer—see Schedule 1; public sector agency has the same meaning as in the Public Sector Act 2009; public sector employee has the same meaning as in the Public Sector Act 2009; publish means publish by— (a) newspaper, radio or television; or (b) internet or other electronic means of creating and sharing content with the public or participating in social networking with the public; or (c) any similar means of communication to the public; seconded—a police officer or special constable is seconded to assist the Commissioner for the purposes of this Act if the police officer or special constable is employed in accordance with an arrangement whereby the police officer or special constable is granted leave without pay in relation to his or her appointment under the Police Act 1998 for the purpose of being engaged as an employee under section 12 of this Act; statement of information—see section 28; vehicle means a vehicle, vessel or aircraft and includes a caravan, trailer and anything attached to a vehicle. 5—Corruption, misconduct and maladministration (1) Corruption in public administration means conduct that constitutes— (a) an offence against Part 7 Division 4 (Offences relating to public officers) of the Criminal Law Consolidation Act 1935, which includes the following offences: (i) bribery or corruption of public officers; (ii) threats or reprisals against public officers; (iii) abuse of public office; (iv) demanding or requiring benefit on basis of public office; (v) offences relating to appointment to public office; or (b) an offence against the Public Sector (Honesty and Accountability) Act 1995 or the Public Corporations Act 1993, or an attempt to commit such an offence; or (ba) an offence against the Lobbyists Act 2015, or an attempt to commit such an offence; or (d) any of the following in relation to an offence referred to in a preceding paragraph: (i) aiding, abetting, counselling or procuring the commission of the offence; (ii) inducing, whether by threats or promises or otherwise, the commission of the offence; (iii) being in any way, directly or indirectly, knowingly concerned in, or party to, the commission of the offence; (iv) conspiring with others to effect the commission of the offence. (3) In this Act— maladministration in public administration has the same meaning as in the Ombudsman Act 1972; and misconduct in public administration has the same meaning as in the Ombudsman Act 1972. 6—Parliamentary privilege unaffected Nothing in this Act affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members and powers under this Act may not be exercised in relation to any matter to which parliamentary privilege applies. Note— Examples of material that falls within this section include statements made or documents or material tabled or received in the course of the proceedings of the Parliament or a committee of the Parliament.