29CAAction by Integrity Commission if disclosure relates to member of Parliament

29CA Action by Integrity Commission if disclosure relates to member of Parliament

[Section 29CA Inserted by No. 15 of 2023, s. 5, Applied:31 Aug 2023]

(1)  Subject to subsection (2) , if a disclosure is made to the Integrity Commission in accordance with Part 2 or is referred to the Integrity Commission under section 29B , the Integrity Commission may, if the disclosure relates to a member of Parliament who –

(a) is a member of the Legislative Council – refer the disclosure to the President of the Legislative Council to be dealt with as if it were a disclosure made to the President of the Legislative Council in accordance with Part 2 ; or

(b) is a member of the House of Assembly – refer the disclosure to the Speaker of the House of Assembly to be dealt with as if it were a disclosure made to the Speaker of the House of Assembly in accordance with Part 2 .

(2)  The Integrity Commission may only refer a disclosure under subsection (1) with the consent of the person who made the disclosure, unless the person did not provide with the disclosure information that enables the person to be contacted.

(3)  The Integrity Commission is not required to take any further action in relation to a disclosure made by a person to the Integrity Commission in accordance with Part 2 or referred to the Integrity Commission under section 29B , if –

(a) the disclosure relates to a member of Parliament; and

(b) the Integrity Commission is satisfied that it is not appropriate for the Integrity Commission –

(i) to deal with the disclosure under the Integrity Commission Act 2009 ; or

(ii) to refer the disclosure to the Ombudsman or a public body under section 29A(b) or 29C(b) ; and

(c) the consent of the person to a referral of the disclosure under has not been obtained –