Integrity Commission Amendment (Mandatory Notifications) Bill 2025
[Bill 69]-V
TASMANIA
INTEGRITY COMMISSION AMENDMENT
(MANDATORY NOTIFICATIONS) BILL 2025
CONTENTS
Short title
Commencement
Principal Act
Section 4 amended (Interpretation)
Part 4A inserted
PART 4A – Mandatory Notification of Suspected Misconduct
or Suspected Serious Misconduct
32A. Interpretation of Part
32B. Nomination of mandatory notifiers
32C. Mandatory notifications
32D. Integrity Commission’s role in relation to mandatory
notifications
32E. Failure of mandatory notifiers to make mandatory
notifications
32F. Guidelines for mandatory notifications
Section 104 amended (Amendment of Schedule 1)
Schedule 1 amended (Principal Officers)
Repeal of Act
2
[Bill 69] 3
INTEGRITY COMMISSION AMENDMENT
(MANDATORY NOTIFICATIONS) BILL 2025
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
LAURA ROSS, Clerk of the House
6 May 2026
(Brought in by the Minister for Justice, Corrections and
Rehabilitation, the Honourable Guy Barnett)
A BILL FOR
An Act to amend the Integrity Commission Act 2009
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
Short title
This Act may be cited as the Integrity
Commission Amendment (Mandatory
Notifications) Act 2025.
Commencement
This Act commences on a day to be proclaimed.
Integrity Commission Amendment (Mandatory Notifications) Act
2025
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3. Principal Act
In this Act, the Integrity Commission Act 2009*
is referred to as the Principal Act.
4. Section 4 amended (Interpretation)
Section 4(1) of the Principal Act is amended by
inserting after the definition of misconduct the
following definition:
offence of a serious nature, in relation to
serious misconduct, means an offence
punishable by imprisonment for a term of
12 months or longer;
5. Part 4A inserted
After section 32 of the Principal Act, the
following Part is inserted:
PART 4A – MANDATORY NOTIFICATION OF
SUSPECTED MISCONDUCT OR SUSPECTED
SERIOUS MISCONDUCT
32A. Interpretation of Part
In this Part –
commencement day means the day on
which this Part commences;
*No. 67 of 2009
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guidelines means guidelines issued by
the Integrity Commission under
section 32F;
mandatory notification means a
notification made by a mandatory
notifier to the Integrity
Commission in accordance with
section 32C;
mandatory notifier, in relation to a
public authority, includes –
(a) a principal officer of the
public authority; and
(b) if the public authority is a
public authority referred
to in section 5(1)(a) or
(b), each Member of
Parliament; and
(c) a person, or a holder of a
position, in the public
authority who is
nominated under
section 32B(1) as a
mandatory notifier for
that public authority.
32B. Nomination of mandatory notifiers
(1) If a public authority is not specified in
Schedule 1, or the position of principal
officer specified in relation to a public
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authority in Schedule 1 is vacant, the
public authority is to nominate a person,
or the holder of a position, in that public
authority as a mandatory notifier for that
public authority.
(2) A public authority may revoke a
nomination made by the public authority
under subsection (1), and may make a
new nomination under that subsection, if
the public authority considers it
necessary and appropriate to do so.
(3) As soon as practicable after making a
nomination under subsection (1), the
public authority must notify the Integrity
Commission, in writing, of the person, or
the holder of the position, in that public
authority who is nominated under that
subsection as a mandatory notifier for
that public authority.
(4) As soon as practicable after revoking a
nomination under subsection (2), the
public authority must notify the Integrity
Commission, in writing, of the person, or
the holder of the position, in that public
authority whose nomination as a
mandatory notifier for that public
authority has been revoked under that
subsection.
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2025
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32C. Mandatory notifications
(1) Subject to this section and the guidelines,
a mandatory notifier for a public
authority must notify the Integrity
Commission of any matter or information
that the mandatory notifier suspects, on
reasonable grounds, involves or may
involve –
(a) misconduct or serious misconduct
by a designated public officer
who holds any office,
employment, or position, in that
public authority; or
(b) serious misconduct by a public
officer who holds any office,
employment, or position, in that
public authority –
as soon as practicable after that
mandatory notifier forms the suspicion
and regardless of whether that suspicion
was formed before the commencement
day.
(2) A mandatory notifier for a public
authority is not required to make a
mandatory notification under
subsection (1) in respect of misconduct
or serious misconduct if the mandatory
notifier knows that legal, disciplinary,
administrative or investigatory
proceedings or actions in relation to the
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misconduct or serious misconduct were
concluded under any Act before the
commencement day.
(3) A mandatory notifier for a public
authority is required to make a
mandatory notification under
subsection (1) in respect of misconduct
or serious misconduct by a person who
was –
(a) a designated public officer for the
public authority at the time at
which the misconduct, or serious
misconduct, to be notified in the
mandatory notification occurred;
or
(b) a public officer for the public
authority at the time at which the
serious misconduct to be notified
in the mandatory notification
occurred –
whether or not the person is a designated
public officer, or public officer, for that
public authority at the time at which the
mandatory notifier makes the mandatory
notification.
(4) A mandatory notifier for a public
authority must make a mandatory
notification under subsection (1) in
respect of misconduct or serious
misconduct regardless of whether the
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misconduct or serious misconduct has
been referred to a public officer,
principal officer or public authority for
the purposes of any Act.
(5) If a public authority has concluded its
own investigation, or taken any other
action, in relation to a matter or
information to which a mandatory
notification relates, the public authority
must, as soon as is practicable, notify the
Integrity Commission of the outcome of
the investigation or action.
(6) A mandatory notifier for a public
authority must have regard to the
guidelines, if any, when making a
mandatory notification under
subsection (1).
(7) This section applies to a mandatory
notifier regardless of an obligation on the
mandatory notifier –
(a) under the provisions of any Act;
or
(b) to maintain confidentiality about
the alleged misconduct or alleged
serious misconduct to which the
mandatory notification relates.
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32D. Integrity Commission’s role in relation to
mandatory notifications
(1) In dealing with mandatory notifications,
the Integrity Commission, having regard
to the principles stated in section 9,
may –
(a) require a public authority to
provide a report to the Integrity
Commission detailing the actions
the public authority is taking, or
intends to take, in relation to a
mandatory notification; and
(b) provide advice to a public
authority in relation to the
conduct of an investigation by the
public authority into any alleged
misconduct, or alleged serious
misconduct, to which a
mandatory notification relates;
and
(c) exercise any of the functions and
powers in relation to misconduct
that are conferred on the Integrity
Commission under section 8.
(2) If, in dealing with a mandatory
notification under subsection (1)(c), the
Integrity Commission assumes
responsibility for an investigation
commenced by a public authority into
any alleged misconduct, or alleged
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serious misconduct, to which the
mandatory notification relates, the public
authority must stop the public authority’s
investigation, or any related actions, that
may impede the Integrity Commission’s
investigation, if that public authority is
directed to do so by the Integrity
Commission.
32E. Failure of mandatory notifiers to make
mandatory notifications
If the Integrity Commission believes that
a mandatory notifier has failed to comply
with the requirement to make a
mandatory notification under
section 32C(1), the Integrity Commission
may do either or both of the following:
(a) inquire into the alleged non-
compliance with the mandatory
notifier;
(b) report the alleged non-
compliance to a person or body
who or which has the power to
inquire into the alleged non-
compliance.
32F. Guidelines for mandatory notifications
(1) The Integrity Commission may, from
time to time, determine and issue
guidelines with respect to any matter
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relating to mandatory notifications,
including but not limited to –
(a) the form, content and method of
making a mandatory notification;
and
(b) the provision of information and
guidance on the types of matters
and information that require
mandatory notification; and
(c) the provision of information and
guidance on the obligations of
mandatory notifiers.
(2) The Integrity Commission may –
(a) amend guidelines issued under
subsection (1); or
(b) revoke guidelines issued under
subsection (1) and issue
guidelines under that subsection
in their place.
(3) The Integrity Commission, as soon as
practicable after issuing any guidelines,
is to publish, and keep published while in
force, a copy of those guidelines on a
website of the Integrity Commission.
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2025
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6. Section 104 amended (Amendment of Schedule 1)
Section 104 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) The amendment by an Act of Column 1
of Schedule 1, or Column 2 of
Schedule 1, does not prevent those
Columns of that Schedule, or that
Schedule itself, from being amended, or
omitted and substituted, by a subsequent
order made under subsection (1), (2) or
(3).
7. Schedule 1 amended (Principal Officers)
Schedule 1 to the Principal Act is amended by
inserting after item 7 in Part 1 the following
item:
8. University of Tasmania Vice-Chancellor of the University of
Tasmania
8. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.
Government Printer, Tasmania