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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Independent Commission Against
Corruption and Ombudsman
Legislation Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Independent Commission Against Corruption
Act 1988 No 35 3
Schedule 2 Amendment of Community Services (Complaints, Reviews
and Monitoring) Act 1993 No 2 5
b2009-144-33.d20
New South Wales
Independent Commission Against
Corruption and Ombudsman
Legislation Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Independent Commission Against Corruption Act 1988 in
relation to unlawful surveillance device recordings and the duty to notify corrupt
conduct; and to amend the Community Services (Complaints, Reviews and
Monitoring) Act 1993 to enable the Ombudsman to audit an interagency plan relating
to child sexual assault in Aboriginal communities.
Independent Commission Against Corruption and Ombudsman Legislation
Clause 1 Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Independent Commission Against Corruption and 3
Ombudsman Legislation Amendment Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Independent Commission Against Corruption and Ombudsman Legislation
Amendment Bill 2009
Amendment of Independent Commission Against Corruption Act 1988 No Schedule 1
35
Schedule 1 Amendment of Independent 1
Commission Against Corruption Act 2
1988 No 35 3
[1] Section 11 Duty to notify Commission of possible corrupt conduct 4
Insert after section 11 (5): 5
(6) The regulations may prescribe the principal officer of a separate 6
office within a public authority as the principal officer of the 7
public authority in relation to matters concerning the separate 8
office. 9
[2] Schedule 4 Savings, transitional and other provisions 10
Insert at the end of clause 1 (1): 11
Independent Commission Against Corruption and Ombudsman 12
Legislation Amendment Act 2009 13
[3] Schedule 4 14
Insert at the end of the Schedule with appropriate Part and clause numbers: 15
Part Use of unlawful surveillance device 16
recordings concerning Mr Michael Loch 17
McGurk--2009 amending Act 18
Definitions 19
In this Part: 20
Commission includes an officer of the Commission. 21
relevant recording means a recording of any private 22
conversation to which Mr Michael Loch McGurk, deceased 23
former resident of Cremorne, was a party or was apparently a 24
party. 25
surveillance device means a surveillance device within the 26
meaning of the Surveillance Devices Act 2007. 27
Use etc of relevant recordings despite Surveillance Devices 28
Act 2007 29
(1) Part 2 of the Surveillance Devices Act 2007 is not contravened 30
by: 31
(a) the Commission obtaining, possessing, publishing or 32
communicating, before 31 December 2010, in accordance 33
with a provision of this Act, any relevant recording that has 34
Page 3
Independent Commission Against Corruption and Ombudsman Legislation
Amendment Bill 2009
Schedule 1 Amendment of Independent Commission Against Corruption Act 1988 No
35
been obtained by the use of a surveillance device in 1
contravention of Part 2 of that Act, or 2
(b) a person providing any such relevant recording to the 3
Commission, before 31 December 2010, in accordance 4
with a requirement made of the person under this Act, or 5
(c) the possession, publication or communication at any time 6
of a report of the Commission made before 31 December 7
2010 concerning any such relevant recording (or of any 8
information in the report). 9
(2) The Commission is to ensure that the publication or 10
communication of a relevant recording referred to in subclause 11
(1) is made only for the purposes of investigating or reporting on 12
particular alleged corrupt conduct. 13
Operation of this Part 14
(1) This Part extends to relevant recordings obtained by a person by 15
the use of a surveillance device before the commencement of this 16
Part. 17
(2) Anything done by the Commission or other person before the 18
commencement of this Part that would not have contravened Part 19
2 of the Surveillance Devices Act 2007 if it had been done after 20
that commencement is taken not to have been a contravention of 21
that Part. 22
Page 4
Independent Commission Against Corruption and Ombudsman Legislation
Amendment Bill 2009
Amendment of Community Services (Complaints, Reviews and Monitoring) Schedule 2
Act 1993 No 2
Schedule 2 Amendment of Community Services 1
(Complaints, Reviews and Monitoring) 2
Act 1993 No 2 3
[1] Part 6A 4
Insert after Part 6: 5
Part 6A Audit of Interagency Plan relating to child 6
sexual assault in Aboriginal communities 7
43B The Interagency Plan 8
In this Part: 9
the Interagency Plan means the New South Wales Interagency 10
Plan To Tackle Child Sexual Assault in Aboriginal Communities 11
20062011, released by the Government of New South Wales in 12
January 2007. 13
43C Audit of implementation of Interagency Plan 14
(1) The Ombudsman has the following audit functions in relation to 15
the Interagency Plan: 16
(a) to review the implementation of the Interagency Plan by 17
public authorities of the State that have functions under the 18
Plan, 19
(b) to identify any areas in which further action is required by 20
those public authorities to implement the Interagency Plan, 21
(c) to make recommendations for the more efficient and 22
effective implementation of the Interagency Plan by those 23
public authorities. 24
(2) The Ombudsman must prepare and provide a report to the 25
Minister for Aboriginal Affairs by 31 December 2012 on the 26
Ombudsman's audit of the implementation of the Interagency 27
Plan. 28
(3) The Minister for Aboriginal Affairs must, within 1 month after 29
receiving the report, furnish a copy of the report to the Presiding 30
Officer of each House of Parliament. 31
(4) The Ombudsman's audit functions cease after the provision of 32
the report to the Minister for Aboriginal Affairs. 33
Page 5
Independent Commission Against Corruption and Ombudsman Legislation
Amendment Bill 2009
Schedule 2 Amendment of Community Services (Complaints, Reviews and Monitoring)
Act 1993 No 2
43D Provision of information 1
(1) It is the duty of the head of a public authority that has functions 2
under the Interagency Plan to provide the Ombudsman with full 3
and unrestricted access to records that are under the person's 4
control, or whose production the person may, in an official 5
capacity, reasonably require, being records to which the 6
Ombudsman reasonably requires access for the purpose of 7
exercising the Ombudsman's audit functions in relation to the 8
Interagency Plan. 9
(2) Access to which the Ombudsman is entitled under this section 10
includes the right to inspect and, on request, to be provided with 11
copies of, any record referred to in subsection (1) and to inspect 12
any non-documentary evidence associated with any such record. 13
(3) A provision of any Act or law that restricts or denies access to 14
records (other than a provision applied by section 43E) does not 15
prevent a person to whom this section applies from complying, or 16
affect the person's duty to comply, with this section. 17
(4) The Ombudsman may, if the Ombudsman thinks it appropriate to 18
do so, provide information obtained by the Ombudsman under 19
this section to a public authority that has functions under the 20
Interagency Plan and that has a relevant interest. 21
(5) The provision of information under this section: 22
(a) does not constitute a breach of professional etiquette or 23
ethics or a departure from accepted standards of 24
professional conduct, and 25
(b) does not give rise to any liability for defamation or other 26
civil liability. 27
(6) In this section: 28
head, in relation to a public authority, has the same meaning as it 29
has in the Ombudsman Act 1974. 30
43E Application of Ombudsman Act 1974 31
(1) For the purpose of the exercise of functions under this Part, 32
sections 1724 (except section 21B), 31AC and 36 of the 33
Ombudsman Act 1974 apply to or in respect of the exercise of 34
those functions in the same way that they apply to or in respect of 35
an investigation of a complaint by the Ombudsman under that 36
Act, subject to any necessary modifications and to any 37
modifications prescribed by the regulations. 38
Page 6
Independent Commission Against Corruption and Ombudsman Legislation
Amendment Bill 2009
Amendment of Community Services (Complaints, Reviews and Monitoring) Schedule 2
Act 1993 No 2
(2) Section 31AA of the Ombudsman Act 1974 applies to a report of 1
the Ombudsman under this Part in the same way that it applies to 2
a report under Part 4 of that Act. 3
(3) For the purpose of the application of section 31AA (2) of the 4
Ombudsman Act 1974 under this section, a report of the 5
Ombudsman under this Part is taken to include a 6
recommendation by the Ombudsman that the report be made 7
public forthwith. 8
[2] Schedule 1 Savings and transitional provisions 9
Insert at the end of clause 1 (1): 10
Independent Commission Against Corruption and Ombudsman 11
Legislation Amendment Act 2009 12
Page 7
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