Queensland Consolidated Acts

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PUBLIC SECTOR ETHICS ACT 1994 - SECT 34

34 Authorisation of particular disclosures--conflict of interest issue

(1) A relevant document about a conflict of interest issue may be disclosed under subsections (2) to (7).

(2) A person who is or has been a designated person to whom a relevant document relates may disclose the document.

(3) The integrity commissioner may disclose a relevant document to the person who is or has been the designated person to whom the relevant document relates.

(4) The integrity commissioner must give a copy of a relevant document relating to a particular designated person, other than a non-government member, a senior executive officer, senior officer or senior executive equivalent--

(a) to the Premier, if--
(i) the Premier asks for a copy of the document; or
(ii) the integrity commissioner reasonably believes that the person has an actual and significant conflict of interest; or
(b) to a Minister, if the Minister asks for a copy of the document and the person is a person about whom the Minister may seek advice under section 30(3); or
(c) to a Parliamentary Secretary, if the Parliamentary Secretary asks for a copy of the document and the person is a person about whom the Parliamentary Secretary may seek advice under section 30(4).

(5) The integrity commissioner may give a copy of a relevant document to the Premier under subsection (4)(a)(ii) only if--

(a) the integrity commissioner advises the designated person in writing that the commissioner has the belief mentioned in the provision and is therefore required under subsection (4)(a) to give a copy of the document to the Premier; and
(b) the designated person fails to resolve the conflict to the integrity commissioner's satisfaction within 7 days after being given the advice mentioned in paragraph (a).

(6) The integrity commissioner must give a copy of a relevant document relating to a particular designated person to the chief executive officer of a department or public service office if--

(a) the chief executive officer asks for a copy of the document; and
(b) the person is a person about whom the chief executive officer may seek advice under section 30(5).

(7) The integrity commissioner must give a copy of a relevant document relating to a particular designated person to the chief executive officer of a government entity who is nominated by the Minister under section 27(1)(h) if--

(a) the chief executive officer asks for a copy of the document; and
(b) the person is a person about whom the chief executive officer may seek advice under section 30(6).

(8) To remove any doubt, it is declared that the integrity commissioner must not disclose a relevant document relating to a person who has been, but is not presently, a designated person, other than under subsection (3).

(9) In this section--

designated person to whom a relevant document relates means the designated person involved in a conflict of interest issue and to whom the relevant document relates.

relevant document, for a conflict of interest issue, means each of the following documents--

(a) the request for advice;
(b) any further information requested by the integrity commissioner under section 31(2) and given to the integrity commissioner;
(c) the advice given by the integrity commissioner about the issue;
(d) the record, under section 31(5), of the integrity commissioner's refusal to give the advice.


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