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(a) disclose the information to the person; and
(b) allow the person a reasonable opportunity to make
representations to the Minister about the information.
28 Changes in criminal history must be disclosed
(1) This section applies if a person who is a commissioner is
convicted of an indictable offence.
(2) The person must, unless the person has a reasonable excuse,
immediately give notice of the conviction to the Minister
under this section.
Maximum penalty—100 penalty units.
(3) The notice must state—
(a) the existence of the conviction; and
(b) when the offence was committed; and
(c) details adequate to identify the offence; and
(d) the sentence imposed on the person.
29 Confidentiality of criminal history information
(1) This section applies to a person who possesses criminal
history information because the person is or has been a
commissioner or another person involved in administering
this Act, including, for example, a public service employee.
(2) The person must not use or, directly or indirectly, disclose to
another person the criminal history information unless the use
or disclosure is permitted under subsection (3).
Maximum penalty—100 penalty units.
(3) The person may use or disclose to another person the criminal
history information if the use or disclosure is—
(a) in the performance of a function or exercise of a power
under this Act; or
(b) otherwise required or permitted by law; or
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(c) with the consent of the person to whom the criminal
history information relates.
(4) A person who possesses a report given to the Minister under
section 27 or a notice given to the Minister under section 28
must ensure the report or notice is destroyed as soon as
practicable after it is no longer needed for the purpose for
which it was given.
(5) In this section—
criminal history information means information contained
in—
(a) a report given to the Minister under section 27; or
(b) a notice given to the Minister under section 28.
disclose includes give access to.
Division 5 Staff
30 Staff of commission
(1) The commission may employ the staff it considers appropriate
to perform its functions.
(2) Staff are to be employed under this Act and not the Public
Sector Act 2022.
(3) A staff member is not subject to direction by any person, other
than a commissioner or a person authorised by a
commissioner, about the way in which the commission’s
functions are to be performed.
Division 6 Miscellaneous
31 Committees
(1) The commission may establish committees to assist in the
performance of the commission’s functions.
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(2) The commission may decide the membership and functions of
a committee it establishes.
(3) Subject to the directions of the board, a committee may
conduct its proceedings, including its meetings, as it considers
appropriate.
Part 3 Inquiries, research and
administration of regulatory
matters under a direction
Division 1 Preliminary
32 Application of part
This part applies if a direction is given by the Minister under
section 38 to the commission—
(a) to undertake an inquiry into a stated economic or social
issue, regulatory matter or legislation; or
(b) to undertake research into, and give advice about, stated
economic or social issues, regulatory matters or
legislation; or
(c) to administer, monitor or review a stated regulatory
matter.
Division 2 Inquiries and research
33 Public consultation required for inquiry
(1) If the direction is a direction mentioned in section 32(a), the
commission must undertake public consultation in relation to
the inquiry.
(2) This section is subject to any requirements about the type of
public consultation required under the direction.
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34 Minister’s response to and public availability of report for
inquiry
(1) This section applies if the commission gives the Minister a
report about an inquiry undertaken by the commission.
(2) The Minister must give the commission a written response to
the report within 3 months after receiving the report.
(3) As soon as practicable after receiving the Minister’s response,
the commission must publish the report on the commission’s
website.
35 Power to require information for inquiries and research
(1) This section applies if the direction is a direction mentioned in
section 32(a) or (b).
(2) The commission may, by notice given to a relevant entity,
require the entity—
(a) to give the commission a copy of related information on
or before a stated reasonable day; or
(b) to make related information available for inspection by
the commission at a stated reasonable time and place.
(3) The relevant entity must comply with the notice.
(4) However, the relevant entity may refuse to comply with the
notice to the extent—
(a) the related information is subject to legal professional
privilege, parliamentary privilege or public interest
immunity; or
(b) complying with the notice is prohibited under an Act; or
(c) complying with the notice could reasonably be expected
to prejudice the investigation of a contravention, or
possible contravention, of a law.
(5) The relevant entity is not liable for a breach of a contract,
confidence or duty for giving the commission a copy of the
related information, or making the related information
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available for inspection by the commission, as required by the
notice.
(6) In this section—
government agency—
(a) means—
(i) a department; or
(ii) an agency, authority, commission, corporation,
instrumentality, office, or other entity, established
under an Act or under State authorisation for a
public or State purpose; or
(iii) a part of an entity mentioned in subparagraph (ii);
or
(iv) a corporation incorporated under the Corporations
Act all the stocks or shares in the capital of which
are ultimately or beneficially owned by the State or
an entity mentioned in any of subparagraphs (i) to
(iii); but
(b) does not include a local government.
local government company means—
(a) a corporation owned by a local government; or
(b) a subsidiary of a corporation owned by a local
government under the Corporations Act, section 9.
related information, for a relevant entity, means a document
or other information that—
(a) is in the possession or under the control of the entity;
and
(b) relates to the entity or a business carried out by the
entity; and
(c) is relevant to the matter the subject of the direction
mentioned in section 32(a) or (b).
relevant entity means—
(a) a government agency; or
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(b) a local government; or
(c) a local government company.
Division 3 Regulatory matters
36 Publication of particular matters
If the direction is a direction mentioned in section 32(c), the
commission must publish on the commission’s website any
guidelines, procedures or other documents developed in
relation to the regulatory matter.
Part 4 Research conducted on
commission’s own initiative
37 Undertaking research on commission’s initiative
(1) The commission may, on its own initiative, undertake research
into a matter relating to economic and social issues, regulatory
matters or legislation.
(2) Subsection (3) applies if the commission intends to publish
the results of the research (the proposed research).
(3) Before undertaking the proposed research, the commission
must give the Minister notice of its decision (a research
proposal) to undertake the proposed research.
(4) A research proposal must include sufficient information about
the proposed research to enable the Minister to decide
whether the proposed research is—
(a) relevant to economic or social issues, regulatory matters
or legislation; and
(b) suitable to be undertaken by the commission.
(5) After receiving the research proposal, the Minister must—
(a) consider the proposed research; and
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(b) decide whether to approve or refuse the commission
undertaking the proposed research.
(6) In deciding whether to approve the proposed research, the
Minister may amend the research proposal.
(7) The Minister must give the commission notice of the
Minister’s decision.
(8) If the Minister approves the proposed research, or amended
proposed research, the commission may—
(a) undertake the research and prepare a report on the
research; and
(b) publish the report on the commission’s website.
(9) Also, the commission must give the chief executive a copy of
the report at least 10 business days before the commission
publishes the report.
(10) The commission must not publish any research undertaken on
its own initiative unless the research has been approved by the
Minister under this section.
Part 5 Miscellaneous provisions
38 Ministerial directions
(1) The Minister may give the commission a written direction
about the performance of its functions or the exercise of its
powers if the Minister is satisfied it is reasonably necessary to
give the direction.
(2) Without limiting subsection (1), the Minister may give the
commission a direction under that subsection—
(a) to give the Minister, or publish, stated reports, advice or
information within a stated period; or
(b) to have regard to particular matters in complying with
the direction; or
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(c) to undertake a particular type of public consultation in
undertaking a stated inquiry.
(3) The direction can not be about the content of any advice or
recommendation given by the commission.
(4) If a direction is given under subsection (1), the commission
must—
(a) comply with the direction; and
(b) publish a copy of the direction on the commission’s
website.
39 Use or disclosure of confidential information
(1) This section applies to a person who—
(a) is or has been—
(i) the Minister; or
(ii) a commissioner; or
(iii) a member of staff or a contractor of the
commission; or
(iv) any other person performing functions under or
relating to the administration of this Act, including,
for example, a public service employee; and
(b) in that capacity, has acquired or has access to
confidential information about another person.
(2) The person must not disclose the confidential information to
anyone else, or use the information, other than under this
section.
Maximum penalty—100 penalty units.
(3) The person may disclose or use the confidential
information—
(a) to the extent the disclosure or use is—
(i) necessary to perform the person’s functions under
or relating to this Act; or
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(ii) otherwise required or permitted under this Act or
another law; or
(b) with the consent of the person to whom the information
relates; or
(c) to the extent the disclosure or use—
(i) does not identify the person to whom the
information relates; and
(ii) does not allow the identity of the person to be
reasonably ascertained; or
(d) in compliance with a lawful process requiring
production of documents to, or giving evidence before, a
court or tribunal.
(4) In this section—
disclose includes give access to.
information includes a document.
40 Annual report
(1) This section applies to an annual report the commission is
required to prepare and give the Minister under the Financial
Accountability Act 2009, section 63.
(2) The annual report must include—
(a) details of the functions performed by the commission
during the year; and
(b) information about how efficiently and effectively the
commission performed the commission’s functions,
including, for example, identifying key achievements
and financial and non-financial performance; and
(c) details of any direction given under section 38 during
the year.
(3) The board must approve the report before it is given to the
Minister.
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(4) The report must not disclose confidential information without
the consent of the person to whom the information relates.
41 Other reporting requirements
The commission must, if requested by the Minister—
(a) keep the Minister reasonably informed about the
functions performed and powers exercised by the
commission; and
(b) comply with a reasonable request by the Minister to give
the Minister stated information at a stated time about the
functions performed or powers exercised by the
commission.
42 Delegations
(1) The board may delegate any of its functions to—
(a) a commissioner; or
(b) an appropriately qualified member of the commission’s
staff.
(2) In this section—
function includes power.
43 Protection from liability
(1) An official does not incur civil liability for an act done, or
omission made, honestly and without negligence under this
Act.
(2) If subsection (1) prevents a civil liability attaching to the
official, the liability instead attaches to the State.
(3) This section does not apply to an official if the official is a
prescribed person within the meaning of the Public Sector Act
2022, section 267.
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Note—
For protection from civil liability in relation to prescribed persons, see
the Public Sector Act 2022, section 269.
(4) In this section—
official means—
(a) the Minister; or
(b) a commissioner; or
(c) a member of the commission’s staff.
44 Approved forms
The commission may approve forms for use under this Act.
45 Regulation-making power
The Governor in Council may make regulations under this
Act.
Part 6 Transitional provisions
46 Definition for part
In this part—
transferring employee see section 47(1).
47 Transfer of employees
(1) This section applies to a person (a transferring employee)
who, immediately before the commencement, was—
(a) a public service employee employed by the department;
and
(b) mentioned in a register of transferees approved by the
chief executive.
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(2) Subject to subsections (3) to (5) and section 48, the
transferring employee becomes a member of the
commission’s staff as if the person had been employed under
section 30.
(3) To the extent an industrial instrument applied in relation to the
transferring employee immediately before the
commencement, the instrument is taken to apply to the
commission in place of the department.
(4) To the extent a fixed term contract was in effect in relation to
the transferring employee immediately before the
commencement, nothing in this part affects the operation of
the fixed term contract.
(5) The transfer of the transferring employee’s employment to the
commission does not—
(a) affect the employee’s benefits, entitlements or
remuneration; or
(b) prejudice the employee’s existing or accruing rights to
superannuation or recreation, sick, long service or other
leave; or
(c) interrupt continuity of service, except that the employee
is not entitled to claim the benefit of a right or
entitlement more than once in relation to the same
period of service; or
(d) constitute a termination of employment by the
department or a retrenchment or redundancy; or
(e) entitle the employee to a payment or other benefit from
the State because the employee is no longer employed
by the department.
(6) Subsection (3) stops applying if an industrial instrument is
made after the commencement that applies to the transferring
employee and the commission.
(7) In this section—
industrial instrument see the Industrial Relations Act 2016,
schedule 5.
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