CTHRepealedAct
Law Enforcement Integrity Commissioner Act 2006
32Corruption issues notified under section 19 (other than significant corruption issues)
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#### 32 Corruption issues notified under section 19 (other than significant corruption issues)
(1) This section applies if the head of a law enforcement agency:
(a) notifies the Integrity Commissioner of a corruption issue under section 19; and
(b) does not indicate that it is a significant corruption issue.
Integrity Commissioner must make a decision
(2) The Integrity Commissioner must decide:
(a) to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6); or
(b) to take no further action in relation to the corruption issue.
Requesting information to assist in making the decision
(3) For the purposes of making a decision under subsection (2), the Integrity Commissioner may request the head of a law enforcement agency to give the Integrity Commissioner the information specified in the request.
(4) The head of the law enforcement agency must comply with the request.
(5) Subsection (3) does not limit the information to which the Integrity Commissioner may have regard in making a decision under subsection (2).
(6) If the Integrity Commissioner does decide to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6), the Integrity Commissioner may direct the head of the law enforcement agency that the agency is not to investigate the corruption issue.
(7) A direction under subsection (6) is not a legislative instrument.
Deciding to take no further action
(8) The Integrity Commissioner may decide under subsection (2) to take no further action in relation to the corruption issue only if he or she is satisfied that:
(a) the corruption issue is already being, or will be, investigated by:
(i) a law enforcement agency; or
(ii) a government agency; or
(iii) an integrity agency for a State or Territory; or
(b) the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court; or
(c) an investigation of the corruption issue is not warranted having regard to all the circumstances.
(9) The Integrity Commissioner must advise the head of the law enforcement agency of a decision under subsection (2) to take no further action in relation to the corruption issue. That advice must be given:
(a) in writing; and
(b) as soon as reasonably practicable after the decision is made.
(10) This Act continues to apply to the head of the law enforcement agency, and that agency, in relation to the corruption issue unless the Integrity Commissioner advises otherwise:
(a) in the advice given under subsection (9); or
(b) in a later written advice given to the head of that agency.