INTEGRITY COMMISSION ACT 2018
Table of Provisions
CHAPTER 1--PRELIMINARY
PART 1.1--PRELIMINARY
- 1 Name of Act
- 3 Dictionary
- 4 Notes
- 5 Offences against Act—application of Criminal Code etc
- 6 Objects of Act
- 7 Application of Act—Parliamentary privilege
- 8 Application of Act—conduct that happened before the commencement of this
PART 1.2--IMPORTANT CONCEPTS
- 9 Meaning of corrupt conduct
- 10 Meaning of serious corrupt conduct
- 11 Meaning of systemic corrupt conduct
- 12 Meaning of public official
- 13 Meaning of judicial officer
- 14 Meaning of public sector entity
- 15 Meaning of head of a public sector entity
- 16 Meaning of ACT public service entity
- 17 Meaning of Legislative Assembly entity
- 18 Meaning of entity of a public nature
CHAPTER 2--INTEGRITY COMMISSION
PART 2.1--COMMISSION--ESTABLISHMENT, INDEPENDENCE AND FUNCTIONS
- 19 Establishment of commission
- 20 Constitution of commission
- 21 Commissioner—officer of the Legislative Assembly
- 22 Independence of commission
- 23 Functions of commission
- 24 Functions of commissioner
PART 2.2--COMMISSIONER--APPOINTMENT
- 25 Commissioner—appointment
- 26 Commissioner—eligibility for appointment
- 27 Commissioner—selection criteria and process
- 28 Commissioner—term of appointment
- 29 Commissioner—oath or affirmation of office
- 30 Commissioner—disclosure of interests
- 31 Commissioner—must avoid conflict of interest
- 32 Commissioner—conflicts of interest register
- 33 Commissioner—resignation
- 34 Commissioner—retirement
- 35 Commissioner—suspension—generally
- 36 Commissioner—suspension—relevant Assembly committee notice and meetings
- 37 Commissioner—ending suspension
- 38 Commissioner—ending appointment
- 39 Commissioner—leave of absence
- 40 Commissioner—acting appointment
PART 2.3--COMMISSION--CEO
- 41 CEO—appointment
- 42 CEO—term of appointment
- 43 CEO—ending appointment
- 44 CEO—functions
- 45 CEO—delegation
- 46 CEO—leave of absence
PART 2.4--COMMISSION--STAFF
- 47 Meaning of staff of the commission
- 48 Commission employed staff
- 49 Commission consultants and contractors
- 50 Staff of the commission—eligibility for appointment
- 51 Staff of the commission—not subject to direction from
- 52 Delegation by commission
- 53 Delegation by commissioner
- 54 Commission—other arrangements for staff and facilities
PART 2.5--COMMISSION--COOPERATION WITH OTHER ENTITIES
CHAPTER 3--COMMISSION—INVESTIGATING CORRUPT CONDUCT
PART 3.1--COMMISSION--REPORTING CORRUPT CONDUCT
Division 3.1.1--Corruption complaints
- 57 Anyone may make corruption complaint
- 58 How to make a corruption complaint
- 59 Other entities may refer corruption complaints
- 59A Certain disclosures under Public Interest Disclosure Act 2012 may be corruption
- 60 Withdrawal of corruption complaints
Division 3.1.2--Mandatory corruption notifications by public sector entities
- 61 Meaning of mandatory corruption notification
- 62 Mandatory corruption notifications—heads of public sector entities and senior
- 63 Mandatory corruption notifications—MLAs and
- 64 Directions about mandatory corruption notifications
- 65 Offence—mandatory corruption notifications—heads of public sector
- 66 Offence—mandatory corruption notifications—senior executives
- 67 Offence—mandatory corruption notifications—MLAs
- 68 Offence—mandatory corruption notifications—chiefs of staff
Division 3.1.3--Reports must be dismissed, referred or investigated
- 69 Meaning of corruption report
- 70 Commission must dismiss, refer or investigate corruption reports
- 71 When corruption reports must be dismissed
Division 3.1.4--Commission must keep people informed
- 72 Commission must keep complainant informed
- 73 Commission must keep referring entity informed
- 74 Commission must keep notifier informed
- 75 Limitations on keeping people informed
PART 3.2--COMMISSION--CONFIDENTIALITY NOTICES
- 76 Meaning of restricted information
- 77 Meaning of confidentiality notice
- 78 Confidentiality notices for preliminary inquiries
- 79 Confidentiality notices for investigations
- 80 Confidentiality notices—content
- 81 Meaning of permitted disclosure of restricted information—pt
- 82 Confidentiality notices—amendment and revocation
- 83 Confidentiality notices—extension
- 84 Confidentiality notices—expiry
- 85 Offences—disclose restricted information in confidentiality notice
PART 3.3--COMMISSION--PRELIMINARY INQUIRIES
- 85A Meaning of Assembly information
- 86 Preliminary inquiries about corruption reports
- 87 Preliminary inquiries about own initiative matters
- 88 Certain powers not to be used for preliminary inquiries
- 89 Power to request information from head of public sector entity
- 89A Dealing with request for Assembly information
- 90 Power to issue preliminary inquiry notice
- 90A Dealing with preliminary inquiry notice for Assembly information
- 91 Preliminary inquiry notice—content
- 92 Preliminary inquiry notice—person under 16 years
- 93 Preliminary inquiry notice—service
- 94 Preliminary inquiry notice—first actions to be taken
- 95 Preliminary inquiry notice—claiming privilege or secrecy
- 96 Preliminary inquiry notice—application to Supreme Court to decide privilege or
- 97 Preliminary inquiry notice—Supreme Court to decide privilege or
- 98 Preliminary inquiry notice—offence to open secured document or other
- 99 Preliminary inquiries—application of Criminal Code, ch 7
PART 3.4--COMMISSION--CONDUCTING AN INVESTIGATION
Division 3.4.1--Starting an investigation
- 100 Commission may investigate corruption report
- 101 Commission may investigate on own initiative
- 102 Investigation of judicial officers
- 103 Investigation may be conducted during court proceeding
- 104 Investigation may be conducted as joint investigation
Division 3.4.2--Referring matters to another entity
- 105 Commission must refer corruption reports about staff to inspector
- 106 Meaning of referral entity
- 107 Commission may refer corruption reports to referral entity
- 108 Referral to referral entity—results and actions
- 109 Referral to referral entity—withdrawal of referral
- 110 Commission may refer matters to judicial council or judicial
- 111 Commission may refer matters to prosecutorial body
Division 3.4.3--Discontinuing an investigation
- 112 Discontinuing an investigation
PART 3.5--COMMISSION--POWERS OF ENTRY, SEARCH AND SEIZURE
Division 3.5.1--Investigators
- 113 Investigators—appointment
- 114 Investigators—identity cards
- 115 Investigator must show identity card on exercising power
Division 3.5.2--Powers of investigators
- 116 Definitions—pt 3.5
- 117 Power to enter premises
- 118 Production of identity card
- 119 Consent to entry
- 120 General powers on entry to premises
- 121 Power to seize things
Division 3.5.3--Search warrants
- 122 Warrants—generally
- 123 Warrants—application other than in person
- 124 Search warrants—announcement before entry
- 125 Details of search warrant to be given to occupier etc
- 126 Occupier entitled to be present during search etc
- 127 Search warrants—claiming privilege
- 128 Search warrants—application to Supreme Court to decide
- 129 Search warrants—Supreme Court to decide privilege
- 130 Search warrants—offence to open secured document or other
- 130A Search warrants—claiming parliamentary privilege
- 130B Search warrants—investigator to give secured documents etc to
Division 3.5.4--Return and forfeiture of things seized
- 131 Receipt for things seized
- 132 Moving things to another place for examination or processing under search
- 133 Access to things seized
- 134 Return of things seized
- 135 Forfeiture of seized things
- 136 Application for order disallowing seizure
- 137 Order for return of seized thing
Division 3.5.5--Miscellaneous
PART 3.6--COMMISSION--EXAMINATIONS
Division 3.6.1--Examinations
- 140 Power to hold examination
- 141 Commissioner to preside
- 142 Conduct of examinations
- 143 Examinations may be public or private
- 144 Commission must notify inspector of public examination
- 145 Offence to be present at examination not open to public
- 146 Commission may give directions
- 147 Power to issue examination summons
- 147A Dealing with examination summons for Assembly information
- 148 Examination summons—content
- 149 Examination summons—person under 16 years
- 150 Examination summons—notice and immediate attendance
- 151 Examination summons—service
- 152 Examination—legal representation
- 153 Examination—provisions for vulnerable witnesses
- 154 Examination—commission may issue suppression order
- 155 Offence—contravene suppression order
- 156 Examination—first actions to be taken
- 157 Examination—power to examine on oath
- 158 Examination—video recording and transcript
- 158A Examination—dealing with Assembly information discovered
- 159 Examination—warrant to arrest witness who fails to appear
- 160 Examination—executing warrant to arrest witness who fails to appear
Division 3.6.2--Examinations—privilege
- 161 Examination—claiming privilege
- 162 Examination—application to Supreme Court to decide privilege
- 163 Examination—Supreme Court to decide privilege
- 164 Examination—offence to open secured document or other thing
- 165 Examination—protection of witnesses and lawyers
Division 3.6.3--Examinations—contempt
- 166 Contempt of commission
- 167 Commission may apply to Supreme Court to deal with contempt
- 168 Supreme Court to deal with contempt
- 169 Commission may withdraw contempt application
- 170 Act or omission both offence and contempt
Division 3.6.4--Examinations—other provisions
- 171 Witnesses at examinations—provision of legal assistance
- 172 Witnesses at examinations—reimbursement of expenses
- 173 Examination—application of Criminal Code, ch 7
PART 3.7--COMMISSION--PRIVILEGE
- 174 Meaning of privilege
- 175 Privileges against self-incrimination and exposure to civil penalty do not
- 176 Privileges against self-incrimination and exposure to civil penalty—use and
- 177 Parliamentary privilege
- 178 Parliamentary privilege—taken to be waived for MLAs' declarations of interests
PART 3.8--COMMISSION--RECOMMENDATIONS
- 179 Commission may make private recommendation at any time
- 180 Commission may require response to private recommendation
- 181 Commission may make private recommendation public
PART 3.9--COMMISSION--COMPLETING AN INVESTIGATION AND INVESTIGATION REPORTS
- 182 Investigation reports
- 183 Investigation report—not to include findings of guilt etc or recommendations about
- 184 Investigation report—not to include finding of corrupt conduct unless serious or
- 185 Investigation report—not to include information that may prejudice proceeding
- 186 Investigation report—not to include information identifying certain
- 187 Investigation report—not to include information contrary to the public
- 188 Investigation report—comments on proposed reports
- 189 Investigation report—presentation to Legislative Assembly
- 190 Investigation report—publication on website
- 191 Investigation report—Ministerial response about ACT public service
- 192 Confidential investigation report
PART 3.10--COMMISSION--SECRECY AND INFORMATION SHARING
- 193 Legal advice directions
- 194 Offence—fail to comply with legal advice direction
- 195 Public sector entity may disclose information to commission
- 196 Disclosure of information by commission
- 197 Information about investigation may be given to certain people
- 198 Commission must give non-disclosure notice when giving information
- 199 Meaning of permitted disclosure of
- 200 Non-disclosure notices—expiry
- 201 Offences—disclose information received from the commission
- 202 Evidence in court proceedings
PART 3.11--COMMISSION--OUTCOMES
- 203 Outcome of prosecutions and termination action to be published
- 204 Reputational repair protocols
CHAPTER 4--COMMISSION—REPORTING
PART 4.1--COMMISSION--MONTHLY REPORTS TO INSPECTOR
- 205 Commissioner—monthly reports to inspector
PART 4.2--COMMISSION--SPECIAL REPORTS
- 206 Special reports
- 207 Special report—not to include findings of guilt etc or recommendations about
- 208 Special report—not to include finding of corrupt conduct unless serious or
- 209 Special report—not to include information that may prejudice proceeding
- 210 Special report—not to include information identifying certain
- 211 Special report—not to include information contrary to the public
- 212 Special report—comments on proposed reports
- 213 Special report—presentation to Legislative Assembly
- 214 Special report—publication on website
- 215 Special report—Ministerial response about ACT public service
- 216 Confidential special report
PART 4.3--COMMISSION--ANNUAL REPORTS
- 217 Meaning of commission annual report
- 218 Commission annual report—content
- 219 Commission annual report—not to include findings of guilt etc or recommendations
- 220 Commission annual report—not to include finding of corrupt conduct unless serious or
- 221 Commission annual report—not to include information that may prejudice proceeding
- 222 Commission annual report—not to include information identifying certain
- 223 Commission annual report—not to include information contrary to the public
- 224 Commission annual report—comments on proposed reports
CHAPTER 5--INSPECTOR OF THE COMMISSION
PART 5.1--INSPECTOR OF THE COMMISSION
Division 5.1.1--Inspector—independence and functions
- 225 Inspector—officer of the Legislative Assembly
- 226 Inspector—independence
- 227 Inspector—functions
- 228 Inspector—powers
Division 5.1.2--Inspector—appointment
- 229 Inspector—ombudsman to be inspector until other appointment made
- 230 Inspector—appointment
- 231 Inspector—eligibility for appointment
- 232 Inspector—selection criteria and process
- 233 Inspector—length of appointment
- 234 Inspector—terms of appointment
- 235 Inspector—oath or affirmation of office
- 236 Inspector—disclosure of interests
- 237 Inspector—must not do inconsistent work etc
- 238 Inspector—resignation
- 239 Inspector—retirement
- 240 Inspector—suspension—generally
- 241 Inspector—suspension—relevant Assembly committee notice and meetings
- 242 Inspector—ending suspension
- 243 Inspector—ending appointment
- 244 Inspector—leave of absence
- 245 Inspector—acting inspector—acting ombudsman
- 246 Inspector—acting appointment
- 247 Inspector—arrangements for another person to exercise functions
Division 5.1.3--Inspector—staff
- 248 Meaning of staff of the inspector
- 249 Inspector's employed staff
- 250 Inspector's consultants and contractors
- 251 Staff of the inspector—eligibility for appointment
- 252 Staff of the inspector—not subject to direction from others
- 253 Delegation by inspector
- 254 Inspector—other arrangements for staff and facilities
- 255 Inspector—arrangements with other entities
PART 5.2--INSPECTOR--INVESTIGATING COMPLAINTS ABOUT THE COMMISSION
- 256 Meaning of commission personnel—pt 5.2
- 257 Inspector—making a complaint to the inspector
- 258 How to make a complaint to the inspector
- 259 Inspector—must keep complainant informed
- 260 Inspector—must give non-disclosure notice when giving information
- 261 Meaning of permitted disclosure of information—pt 5.2
- 262 Non-disclosure notices—expiry
- 263 Offences—disclose information received from the inspector
- 264 Inspector—investigating a complaint
- 265 Inspector—own initiative investigation
- 266 Inspector—conduct of investigation
- 267 Inspector—commission must give assistance
- 268 Inspector—withdrawal of complaint
- 269 Inspector—power to ask for information, documents and other things
- 270 Inspector—privileges against self-incrimination and exposure to civil penalty
- 271 Inspector—referral to other entities
- 272 Inspector—recommendations about practices or procedures
- 273 Inspector—recommendation to Speaker that commissioner or staff be investigated
PART 5.3--INSPECTOR--SECRECY AND INFORMATION SHARING
- 274 Inspector—disclosure of information
PART 5.4--INSPECTOR--REVIEWS AND REPORTS
Division 5.4.1--Inspector's special reports
- 275 Inspector's special report
- 276 Inspector's special report—not to include information contrary to the public
- 277 Inspector's special report—comments on proposed reports
- 278 Inspector's special report—presentation to Legislative Assembly
- 279 Inspector's special report—publication on website
Division 5.4.2--Inspector—annual operational review of commission
- 280 Inspector—annual operational review of commission
- 281 Inspector—annual operational review report
Division 5.4.3--Inspector—annual reports
- 282 Meaning of inspector's annual report
- 283 Inspector's annual report—content
- 284 Inspector's annual report—not to include information contrary to the public
- 285 Inspector's annual report—comments on proposed reports
CHAPTER 6--SPECIAL INVESTIGATION OF COMMISSION OR INSPECTOR
- 286 Speaker may appoint special investigator to investigate commission or
CHAPTER 7--PROTECTIONS FOR PEOPLE INVOLVED IN INVESTIGATIONS
PART 7.1--DEFINITIONS--CH 7
- 287 Meaning of complainant and complaint—ch 7
PART 7.2--PROTECTION FOR PEOPLE WHO REPORT CORRUPTION
- 288 Immunity from liability
- 289 Protection from defamation action
- 290 Loss of protection
- 291 Liability for own conduct
PART 7.3--DETRIMENTAL ACTION AGAINST A PERSON
- 292 Meaning of detrimental action—pt 7.3
- 293 Offence—taking detrimental action
- 294 Damages for detrimental action
- 295 Injunction to prevent detrimental action etc