sec.706Duty of relevant entities to report suspected offences

### sec.706 Duty of relevant entities to report suspected offences This section applies if, in the course of the administration of this Act, a relevant entity suspects a person has committed an offence, other than— an offence against part 3.3 or the Trust Accounts Act 1973 that the relevant entity considers is of a minor nature; or a suspicion arising from an answer, information or a document obtained under section 491 that is privileged or confidential; or an offence against part 2.2 committed by either of the following persons if the relevant entity considers the person committed the offence inadvertently— a person employed by, or appointed to, a government entity who is engaged in legal practice for the entity; a person who is employed by a corporation, other than an incorporated legal practice, and who provides only in-house legal services to the corporation or a related body corporate. The relevant entity must— report the suspected offence to an appropriate authority; and make available to the appropriate authority the documents and information relevant to the suspected offence in the relevant entity’s possession or under its control or other documents that, after it has made the report, come into the entity’s possession or under its control. However, if the relevant entity’s suspicion is based only on an allegation by a person and the suspected offence is not in relation to a relevant law, the relevant entity may advise the person as follows— that the relevant entity is not going to report the suspected offence to an appropriate authority; that if the person wishes to pursue the matter of the suspected offence, the person should raise it with an appropriate authority. For this section but subject to subsections (5) and (6) , it is immaterial how the relevant entity gained the information that caused it to suspect that the person has committed an offence, including whether or not the relevant entity obtained information or a document— after a complaint or an investigation; or before the commencement of this section. The obligation under subsection (2) (a) does not apply to a suspicion formed on the basis of documents or information that may be subject to privilege, or information derived from documents or information subject to privilege, unless the person to whom the privilege attaches gives written consent to the relevant entity to report the suspected offence under that provision. The obligation under subsection (2) (b) does not apply to documents or information that may be subject to privilege, or information derived from documents or information subject to privilege, unless the person to whom the privilege attaches gives written consent to the relevant entity to make available to the appropriate authority the documents or information under that provision. A relevant entity may apply to the Supreme Court for a declaration as to whether documents or information are subject to privilege. The commissioner must develop guidelines relating to obligations under this section for the commission and for other relevant entities. To remove any doubt, it is declared that the relevant entity is not under an obligation to make inquiries for subsection (1) in relation to information before it in order to have reasonable grounds about a concern or to decide whether the suspicion is correct. In this section— appropriate authority includes the following— the commissioner of police; the Crime and Corruption Commission; the director of public prosecutions; the chief executive of a department in which a government legal officer is employed; a person in another jurisdiction corresponding to a person mentioned in paragraph (a) , (b) , (c) or (d) . government entity means an agency, authority or instrumentality of this jurisdiction, the Commonwealth or another jurisdiction, other than an entity mentioned in section 12 (1) (a) to (d) . offence means an offence against either of the following— a relevant law; a law of the Commonwealth or another jurisdiction. privilege means legal professional privilege or another privilege. relevant entity means— the commissioner; or a regulatory authority. s 706 amd 2013 No. 35 s 126A ; 2014 No. 21 s 94 (2) sch 2 ; 2017 No. 17 s 163 (sec.706-ssec.1) This section applies if, in the course of the administration of this Act, a relevant entity suspects a person has committed an offence, other than— an offence against part 3.3 or the Trust Accounts Act 1973 that the relevant entity considers is of a minor nature; or a suspicion arising from an answer, information or a document obtained under section 491 that is privileged or confidential; or an offence against part 2.2 committed by either of the following persons if the relevant entity considers the person committed the offence inadvertently— a person employed by, or appointed to, a government entity who is engaged in legal practice for the entity; a person who is employed by a corporation, other than an incorporated legal practice, and who provides only in-house legal services to the corporation or a related body corporate. (sec.706-ssec.2) The relevant entity must— report the suspected offence to an appropriate authority; and make available to the appropriate authority the documents and information relevant to the suspected offence in the relevant entity’s possession or under its control or other documents that, after it has made the report, come into the entity’s possession or under its control. (sec.706-ssec.3) However, if the relevant entity’s suspicion is based only on an allegation by a person and the suspected offence is not in relation to a relevant law, the relevant entity may advise the person as follows— that the relevant entity is not going to report the suspected offence to an appropriate authority; that if the person wishes to pursue the matter of the suspected offence, the person should raise it with an appropriate authority. (sec.706-ssec.4) For this section but subject to subsections (5) and (6) , it is immaterial how the relevant entity gained the information that caused it to suspect that the person has committed an offence, including whether or not the relevant entity obtained information or a document— after a complaint or an investigation; or before the commencement of this section. (sec.706-ssec.5) The obligation under subsection (2) (a) does not apply to a suspicion formed on the basis of documents or information that may be subject to privilege, or information derived from documents or information subject to privilege, unless the person to whom the privilege attaches gives written consent to the relevant entity to report the suspected offence under that provision. (sec.706-ssec.6) The obligation under subsection (2) (b) does not apply to documents or information that may be subject to privilege, or information derived from documents or information subject to privilege, unless the person to whom the privilege attaches gives written consent to the relevant entity to make available to the appropriate authority the documents or information under that provision. (sec.706-ssec.7) A relevant entity may apply to the Supreme Court for a declaration as to whether documents or information are subject to privilege. (sec.706-ssec.8) The commissioner must develop guidelines relating to obligations under this section for the commission and for other relevant entities. (sec.706-ssec.9) To remove any doubt, it is declared that the relevant entity is not under an obligation to make inquiries for subsection (1) in relation to information before it in order to have reasonable grounds about a concern or to decide whether the suspicion is correct. (sec.706-ssec.10) In this section— appropriate authority includes the following— the commissioner of police; the Crime and Corruption Commission; the director of public prosecutions; the chief executive of a department in which a government legal officer is employed; a person in another jurisdiction corresponding to a person mentioned in paragraph (a) , (b) , (c) or (d) . government entity means an agency, authority or instrumentality of this jurisdiction, the Commonwealth or another jurisdiction, other than an entity mentioned in section 12 (1) (a) to (d) . offence means an offence against either of the following— a relevant law; a law of the Commonwealth or another jurisdiction. privilege means legal professional privilege or another privilege. relevant entity means— the commissioner; or a regulatory authority. - (a) an offence against part 3.3 or the Trust Accounts Act 1973 that the relevant entity considers is of a minor nature; or - (b) a suspicion arising from an answer, information or a document obtained under section 491 that is privileged or confidential; or - (c) an offence against part 2.2 committed by either of the following persons if the relevant entity considers the person committed the offence inadvertently— (i) a person employed by, or appointed to, a government entity who is engaged in legal practice for the entity; (ii) a person who is employed by a corporation, other than an incorporated legal practice, and who provides only in-house legal services to the corporation or a related body corporate. - (i) a person employed by, or appointed to, a government entity who is engaged in legal practice for the entity; - (ii) a person who is employed by a corporation, other than an incorporated legal practice, and who provides only in-house legal services to the corporation or a related body corporate. - (i) a person employed by, or appointed to, a government entity who is engaged in legal practice for the entity; - (ii) a person who is employed by a corporation, other than an incorporated legal practice, and who provides only in-house legal services to the corporation or a related body corporate. - (a) report the suspected offence to an appropriate authority; and - (b) make available to the appropriate authority the documents and information relevant to the suspected offence in the relevant entity’s possession or under its control or other documents that, after it has made the report, come into the entity’s possession or under its control. - (a) that the relevant entity is not going to report the suspected offence to an appropriate authority; - (b) that if the person wishes to pursue the matter of the suspected offence, the person should raise it with an appropriate authority. - (a) after a complaint or an investigation; or - (b) before the commencement of this section. - (a) the commissioner of police; - (b) the Crime and Corruption Commission; - (c) the director of public prosecutions; - (d) the chief executive of a department in which a government legal officer is employed; - (e) a person in another jurisdiction corresponding to a person mentioned in paragraph (a) , (b) , (c) or (d) . - (a) a relevant law; - (b) a law of the Commonwealth or another jurisdiction. - (a) the commissioner; or - (b) a regulatory authority.