177Functions of the Committee

#### 177 Functions of the Committee (1) The Committee has the following functions: (a) to consider proposed recommendations for the appointment of the following positions in accordance with section 178: (i) the Commissioner; (ii) a Deputy Commissioner; (iii) the Inspector; (b) to monitor and review the performance by the Commissioner and the Inspector of their functions; (c) to report to both Houses of the Parliament, with such comments as it thinks fit, on any matter connected with the performance of the functions of the Commissioner or the Inspector that the Committee considers should be directed to the attention of the Parliament; (d) to examine and report to the Parliament on any matter appearing in, or arising out of, the following: (i) any investigation report that is laid before the Houses of the Parliament under section 155; (ii) each annual report prepared by the Commissioner under section 271; (iii) any NACC investigation report that is laid before the Houses of the Parliament under section 221; (iv) each annual report prepared by the Inspector under section 198; (e) to examine trends and changes in corruption among those who are subject to this Act and report to both Houses of the Parliament on any change that the Committee thinks desirable to the following: (i) the functions or powers of the Commissioner or the Inspector; (ii) the procedures followed by the Commissioner or the Inspector; (iii) the NACC’s staffing or structure; (iv) the staffing arrangements for the Inspector; (f) to inquire into any question in connection with the Committee’s functions that is referred to it by either House of the Parliament, and to report to that House upon that question; (g) to review the NACC’s budget and finances, and to report to both Houses of the Parliament on the following matters: (i) whether the NACC has sufficient finances and resources to effectively perform its functions; (ii) whether the NACC’s budget should be increased to ensure that it will have sufficient finances and resources to effectively perform its functions; (iii) any other matter arising out of the review that the Committee considers relevant. (2) The Committee may request that the Inspector assist the Committee in the exercise of the function mentioned in paragraph (1)(g). (3) Subsection (1) does not authorise the Committee to: (a) investigate a corruption issue or a NACC corruption issue; or (b) reconsider a decision or recommendation made by the Commissioner or the Inspector in relation to a corruption issue, a NACC corruption issue or a complaint made in relation to the conduct or activities of the NACC or a staff member of the NACC; or (c) review a decision made, or an operational activity carried out, in relation to a NACC Act process that is still being conducted; or (d) review an operational activity undertaken or proposed to be undertaken by a person or body mentioned in subsection (4); or (e) review any of the following to the extent that they are available to a person or body mentioned in subsection (4): (i) sensitive operational information; (ii) operationally sensitive information (within the meaning of Schedule 1 to the Intelligence Services Act 2001); (iii) operational methods; (iv) operational assistance; or (f) review information provided by, or by an agency of, a foreign government where that government does not consent to the disclosure of the information; or (g) review an aspect of the activities of an intelligence agency that does not affect an Australian person; or (h) review the content of, or conclusions reached in, assessments or reports made by an intelligence agency, or review sources of information on which such assessments or reports are based; or (i) review anything done by the Office of National Intelligence in carrying out the evaluation functions mentioned in section 9 of the Office of National Intelligence Act 2018. (4) The persons and bodies are: (a) the NACC; or (b) the Inspector; or (c) a Commonwealth agency; or (d) a State or Territory government entity.