CTHRepealedAct
Law Enforcement Integrity Commissioner Act 2006
38Integrity Commissioner may deal with corruption issues on own initiative
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#### 38 Integrity Commissioner may deal with corruption issues on own initiative
Integrity Commissioner may decide to deal with a corruption issue
(1) If the Integrity Commissioner becomes aware of an allegation, or information, that raises a corruption issue, the Integrity Commissioner may, on his or her own initiative, deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6).
(2) Subsection (1) does not apply if the Integrity Commissioner becomes aware of the allegation or information because of action taken under Division 1 of this Part.
Requesting information to assist in making the decision
(2A) For the purposes of making a decision under subsection (1), the Integrity Commissioner may request the head of a law enforcement agency to give the Integrity Commissioner the information specified in the request.
(2B) The head of the law enforcement agency must comply with the request.
(2C) Subsection (2A) does not limit the information to which the Integrity Commissioner may have regard in making a decision under subsection (1).
Directing law enforcement agency not to investigate
(3) If the Integrity Commissioner decides 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 to which the corruption issue relates that the agency is not to investigate the corruption issue.
(4) A direction under subsection (3) is not a legislative instrument.
Becoming aware of another corruption issue
(5) Without limiting subsection (1), if the Integrity Commissioner:
(a) is investigating, or inquiring into, a particular corruption issue; and
(b) in the course of doing so, becomes aware of an allegation, or information, that raises another corruption issue;
the Integrity Commissioner may deal with that other corruption issue in one of the ways referred to in subsection 26(1) or 29(6).