29How Integrity Commissioner may deal with corruption issues that relate to conduct of secondee from government agency

#### 29 How Integrity Commissioner may deal with corruption issues that relate to conduct of secondee from government agency Section applies if secondee is employee of government agency (1) This section applies if: (a) a corruption issue relates to the conduct of a secondee to a law enforcement agency; and (b) the secondee is an employee of a government agency (the home agency). Informing head of government agency and integrity agency about corruption issue (2) The Integrity Commissioner must: (a) inform the head of the home agency of the corruption issue; and (b) give the head of the home agency such further information in relation to the corruption issue as the head of the home agency requests; and (c) if the home agency is the police force of a State or Territory: (i) inform the head of the integrity agency (if any) for the State or Territory of the corruption issue; and (ii) give the head of the integrity agency (if any) for the State or Territory such further information in relation to the corruption issue as the head of the integrity agency requests. This subsection has effect subject to section 152 (which deals with section 149 certified information). (3) However, the Integrity Commissioner need not inform the head of the home agency, and the head of the integrity agency, of the corruption issue if doing so is likely to prejudice: (a) the investigation of the corruption issue or another corruption investigation; or (b) any action taken as a result of an investigation referred to in paragraph (a). (4) If the Integrity Commissioner does not inform the head of the home agency, or the head of the integrity agency, of the corruption issue because of subsection (3), the Integrity Commissioner must: (a) inform the Minister that the head of the home agency, or the head of the integrity agency, has not been informed of the corruption issue; and (b) give the Minister the Integrity Commissioner’s reasons for not informing the head of the home agency, or the head of the integrity agency, of the corruption issue. (5) The Integrity Commissioner does not need to take action under paragraph (2)(a) or subparagraph (2)(c)(i) if the Integrity Commissioner has reasonable grounds to believe that the head of the home agency, or the head of the integrity agency, is already aware of the corruption issue. Arranging for government agency to investigate corruption issue (6) The Integrity Commissioner may deal with the corruption issue: (a) by arranging, in writing, with the head of the home agency for the home agency to investigate the corruption issue; or (b) if the secondee is from the police force of a State or Territory—by arranging, in writing, with the head of the integrity agency for the State or Territory for the integrity agency to investigate the corruption issue. (7) To avoid doubt, subsection (6) does not limit the operation of section 26 in relation to the corruption issue. Criteria for deciding how to deal with corruption issue (8) The Integrity Commissioner must have regard to the matters set out in subsection (9) in deciding: (a) how to deal with the corruption issue; or (b) whether to take no further action in relation to a corruption issue. (9) The matters that the Integrity Commissioner must have regard to are the following: (a) the rights and obligations of: (i) the home agency; and (ii) the integrity agency (if any) for the State or Territory; to investigate the corruption issue; (b) if a joint investigation of the corruption issue is being considered—the extent to which the agencies referred to in paragraph (a) are able to cooperate in the investigation; (c) the resources available to the Integrity Commissioner, the AFP and the agencies referred to in paragraph (a) to investigate the corruption issue; (d) the need to ensure a balance between: (i) the Integrity Commissioner’s role in dealing with corruption issues in law enforcement agencies (particularly in dealing with significant corruption issues); and (ii) ensuring that the head of the home agency takes responsibility for managing the home agency; and (iii) the role of the integrity agency (if any) for the State or Territory in dealing with corruption issues that relate to the State’s or Territory’s police force; and (e) the likely significance of the corruption issue for: (i) the law enforcement agency; and (ii) the home agency; and (iii) the integrity agency (if any) for the State or Territory. Operation of section 27 (10) To avoid doubt, subsections (8) and (9) do not limit the operation of section 27 in relation to the corruption issue.