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LAW ENFORCEMENT INTEGRITY COMMISSIONER ACT 2006 - SECT 27

Criteria for deciding how to deal with a corruption issue

             (1)  The Integrity Commissioner must have regard to the matters set out in subsection (2) in deciding:

                     (a)  how to deal with a corruption issue that relates to a law enforcement agency; or

                     (b)  whether to take no further action in relation to a corruption issue that relates to a law enforcement agency.

             (2)  The matters to which the Integrity Commissioner must have regard are the following:

                     (a)  the need to ensure that the corruption issue is fully investigated;

                     (b)  the rights and obligations of the law enforcement agency to investigate the corruption issue;

                     (c)  if a joint investigation of the corruption issue by the Integrity Commissioner and the law enforcement agency is being considered--the extent to which the law enforcement agency is able to cooperate in the investigation;

                     (d)  the resources that are available to each of the following to investigate the corruption issue:

                              (i)  the Integrity Commissioner;

                             (ii)  the AFP;

                            (iii)  the law enforcement agency;

                     (e)  the need to ensure a balance between:

                              (i)  the Integrity Commissioner's role in dealing with corruption issues in law enforcement agencies (particularly in dealing with significant corruption issues); and

                             (ii)  ensuring that the heads of law enforcement agencies take responsibility for managing their agencies;

                      (f)  the likely significance of the corruption issue for the law enforcement agency.



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