33Investigation of public interest complaint

33 Investigation of public interest complaint

(1) Subject to this section, the Commission must conduct an investigation in relation to a public interest complaint referred to it by the IBAC.

See section 73A of the Independent Broad-based Anti‑corruption Commission Act 2011.

(2) The Commission must not conduct an investigation in relation to a public interest complaint referred to it by the IBAC unless it is satisfied that—

(a) the complaint relates to a current or former Member, Minister or Parliamentary Secretary; and

(b) if the complaint relates to a current Member, Minister or Parliamentary Secretary, the requirements of subsection (3) are met; and

(c) if the complaint relates to a former Member, Minister or Parliamentary Secretary, the requirements of subsection (4) are met.

(3) For the purposes of subsection (2)(b), the requirements are the following—

(a) the complaint shows or tends to show that, at any time on or after the commencement of section 8, the current Member, Minister or Parliamentary Secretary—

(i) has engaged, is engaging or proposes to engage in improper conduct; or

(ii) has taken, is taking or proposes to take detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012;

(b) the improper conduct or detrimental action constitutes parliamentary misconduct.

(4) For the purposes of subsection (2)(c), the requirements are the following—

(a) the complaint shows or tends to show that, at any time on or after the commencement of section 8, the former Member, Minister or Parliamentary Secretary—

(i) engaged in improper conduct; or

(ii) took detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012;

(b) the improper conduct or detrimental action constitutes parliamentary misconduct.

(5) The Commission may but is not required to conduct an investigation in relation to a public interest complaint referred to it by the IBAC if it considers that the subject-matter of the complaint—

(a) is lacking in substance or credibility; or

(b) is trivial, frivolous or vexatious; or

(c) has already been investigated or otherwise dealt with by—

(i) an integrity body within the meaning of the Independent Broad-based Anti‑corruption Commission Act 2011; or

(ii) any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.