33EIntegrity and Oversight Committee may decline to engage independent investigator to investigate public interest complaint

33E Integrity and Oversight Committee may decline to engage independent investigator to investigate public interest complaint

(1) Despite section 33B(1) and 33D(1), the Integrity and Oversight Committee may decide not to request the Minister to recommend an independent person to investigate a public interest complaint or decide not to engage an independent person to investigate a public interest complaint if the Committee considers—

(a) the subject matter of the public interest complaint 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; or

(b) the person who made the public interest complaint—

(i) made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and

(ii) fails to give a satisfactory explanation for the delay in making the disclosure.

(2) If subsection (1) applies, the Integrity and Oversight Committee must, within a reasonable time after receiving the public interest complaint, inform the person who made the public interest disclosure of—

(a) the refusal to investigate the public interest complaint; and

(b) the reason for that refusal.

S. 33F inserted by No. 2/2019 s. 14.