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Law Enforcement Integrity Commissioner Act 2006
156How Minister may deal with ACLEI corruption issues
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#### 156 How Minister may deal with ACLEI corruption issues
Application of section
(1) This section applies if:
(a) the Integrity Commissioner, or another staff member of ACLEI, notifies the Minister of an ACLEI corruption issue under section 153; or
(b) a person refers an allegation, or information, that raises an ACLEI corruption issue to the Minister under section 154; or
(c) the Minister otherwise becomes aware of an ACLEI corruption issue.
How Minister may deal with ACLEI corruption issue
(2) The Minister may:
(a) refer the ACLEI corruption issue to the Integrity Commissioner for investigation under Division 3; or
(b) authorise a person to conduct a special investigation of the ACLEI corruption issue under Division 4; or
(c) decide to take no further action in relation to the ACLEI corruption issue.
(3) The Minister must not refer the ACLEI corruption issue to the Integrity Commissioner for investigation under Division 3 if the ACLEI corruption issue relates to the conduct of:
(a) the Integrity Commissioner; or
(b) an Assistant Integrity Commissioner.
(4) The Minister may, at any time, reconsider how the ACLEI corruption issue should be dealt with.
(5) If the Minister decides:
(a) to authorise a person under paragraph (2)(b) to conduct a special investigation of the ACLEI corruption issue under Division 4; or
(b) to take no further action in relation to the ACLEI corruption issue;
the Minister must notify the Integrity Commissioner of the decision.
Integrity Commissioner to pass on information and documents to special investigator
(6) The Integrity Commissioner must, as soon as practicable after being notified of an authorisation under paragraph (2)(b), give the person authorised to conduct the special investigation any information or document that:
(a) relates to the ACLEI corruption issue; and
(b) is in the possession, or under the control, of the Integrity Commissioner.
> Note: Under subsection (9), the Integrity Commissioner has a continuing obligation to pass on information that the Integrity Commissioner becomes aware of and that relates to the ACLEI corruption issue.
(7) Subsection (6) has effect subject to section 152 (which deals with section 149 certified information).
(8) The Integrity Commissioner may give the original or a copy of a document.
(9) If:
(a) the Minister notifies the Integrity Commissioner that the Minister has authorised a person under paragraph (2)(b) to conduct a special investigation of an ACLEI corruption issue; and
(b) the Integrity Commissioner becomes aware of information that is relevant to the issue; and
(c) the person conducting the investigation does not already have the information;
the Integrity Commissioner must give the information to the person.
(10) Subsection (9) has effect subject to section 152 (which deals with section 149 certified information).