40Advising heads of government agency and integrity agency of decision to deal with corruption issue on own initiative

#### 40 Advising heads of government agency and integrity agency of decision to deal with corruption issue on own initiative Section applies to secondment situations (1) This section applies if: (a) the Integrity Commissioner decides, on his or her own initiative, to deal with a corruption issue in one of the ways referred to in subsection 26(1) or 29(6); and (b) the corruption issue relates to the conduct of a person who: (i) is, or has been, a secondee to a law enforcement agency; and (ii) is an employee of a government agency (the home agency). Advising head of home agency (2) The Integrity Commissioner must advise the head of the home agency of: (a) the Integrity Commissioner’s decision to deal with the corruption issue in that way; and (b) any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with. Advising head of integrity agency (3) If the home agency is the police force of a State or Territory, the Integrity Commissioner must also advise the head of the integrity agency (if any) for the State or Territory of: (a) the Integrity Commissioner’s decision to deal with the corruption issue in that way; and (b) any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with. Form and timing of advice (4) The Integrity Commissioner must advise the head of the home agency or integrity agency of the decision: (a) in writing; and (b) as soon as reasonably practicable after the decision is made. Exception (5) However, the Integrity Commissioner need not advise the head of the home agency, or integrity agency, if doing so would be 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). (6) If the Integrity Commissioner does not advise the head of the home agency, or integrity agency, of the decision because of subsection (5), the Integrity Commissioner must: (a) inform the Minister that the head of the home agency, or integrity agency, has not been advised of the decision; and (b) give the Minister the Integrity Commissioner’s reasons for not advising the head of the home agency, or integrity agency, of the decision; and (c) inform the Minister that the consultations that would otherwise take place under section 49 will not take place.