sec.21Advice

### sec.21 Advice If, under section 15 , a designated person, former designated person or former ministerial advisor (each an advisee ) asks the integrity commissioner for advice on an integrity or ethics issue, the integrity commissioner must give the advisee advice on the issue. The integrity commissioner must give the advice in writing. For giving the advice, the integrity commissioner— must have regard to the following— approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ; ethical standards or codes of conduct adopted by the Legislative Assembly by resolution; ethical standards or codes of conduct approved by the Premier for Ministers; and may have regard to other ethical standards the integrity commissioner considers appropriate. However, subsection (1) does not apply if the integrity commissioner— reasonably believes— the integrity commissioner does not have enough information in relation to the ethics or integrity issue to give the advice; or the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and gives the advisee written reasons for refusing to give the advice. s 21 amd 2010 No. 37 s 36 ; 2019 No. 9 s 52 ; 2022 No. 33 s 43 (sec.21-ssec.1) If, under section 15 , a designated person, former designated person or former ministerial advisor (each an advisee ) asks the integrity commissioner for advice on an integrity or ethics issue, the integrity commissioner must give the advisee advice on the issue. (sec.21-ssec.2) The integrity commissioner must give the advice in writing. (sec.21-ssec.3) For giving the advice, the integrity commissioner— must have regard to the following— approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ; ethical standards or codes of conduct adopted by the Legislative Assembly by resolution; ethical standards or codes of conduct approved by the Premier for Ministers; and may have regard to other ethical standards the integrity commissioner considers appropriate. (sec.21-ssec.4) However, subsection (1) does not apply if the integrity commissioner— reasonably believes— the integrity commissioner does not have enough information in relation to the ethics or integrity issue to give the advice; or the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and gives the advisee written reasons for refusing to give the advice. - (a) must have regard to the following— (i) approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ; (ii) ethical standards or codes of conduct adopted by the Legislative Assembly by resolution; (iii) ethical standards or codes of conduct approved by the Premier for Ministers; and - (i) approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ; - (ii) ethical standards or codes of conduct adopted by the Legislative Assembly by resolution; - (iii) ethical standards or codes of conduct approved by the Premier for Ministers; and - (b) may have regard to other ethical standards the integrity commissioner considers appropriate. - (i) approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ; - (ii) ethical standards or codes of conduct adopted by the Legislative Assembly by resolution; - (iii) ethical standards or codes of conduct approved by the Premier for Ministers; and - (a) reasonably believes— (i) the integrity commissioner does not have enough information in relation to the ethics or integrity issue to give the advice; or (ii) the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and - (i) the integrity commissioner does not have enough information in relation to the ethics or integrity issue to give the advice; or - (ii) the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and - (b) gives the advisee written reasons for refusing to give the advice. - (i) the integrity commissioner does not have enough information in relation to the ethics or integrity issue to give the advice; or - (ii) the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and