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TASMANIA
__________
INTEGRITY COMMISSION BILL 2009
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Object and objectives
4. Interpretation
5. Public authorities
6. Designated public officers
PART 2 INTEGRITY COMMISSION
Division 1 Establishment of Integrity Commission
7. Establishment of Integrity Commission
8. Functions and powers of Integrity Commission
9. Principles of operation of Integrity Commission
10. Integrity Commission not subject to direction or control of
Minister
11. Annual and other reports
Division 2 Board of Integrity Commission
12. Establishment of Board of Integrity Commission
13. Role of Board
14. Members of Board
15. Chief Commissioner
[Bill 85]-I
16. Delegation
Division 3 Staff of Integrity Commission
Subdivision 1 Chief executive officer
17. Chief executive officer
18. Responsibilities of chief executive officer
19. Delegation by chief executive officer
Subdivision 2 Officers, employees and authorised persons
20. Officers and employees
21. Authorised persons
PART 3 RELATIONSHIP WITH PARLIAMENT
Division 1 Preliminary
22. Interpretation: Part 3, Division 1
Division 2 Joint Standing Committee on Integrity
23. Joint Standing Committee on Integrity
24. Functions and powers of Joint Committee
25. Resignation
26. Report to Parliament
Division 3 Parliamentary standards
27. Parliamentary Standards Commissioner
28. Function of Parliamentary Standards Commissioner
29. Restriction of functions of Parliamentary Standards
Commissioner
30. Functions of chief executive officer in relation to Members of
Parliament
PART 4 EDUCATIVE, PREVENTATIVE AND ADVISORY
FUNCTIONS OF COMMISSION
31. Educative, preventative and advisory functions
32. Public officers to be given education and training relating to
ethical conduct
2
PART 5 COMPLAINTS
Division 1 Receipt of complaints
33. Complaints
34. Registration of complaints
Division 2 Actions on receipt of complaint
35. Assessment of complaint
36. Dismissal of complaint
37. Report of assessor
38. Actions of chief executive officer on receipt of assessment
39. Referral of complaint to relevant public authority
40. Referral of complaint to integrity entity
41. Referral of complaint to Parliamentary integrity entity
42. Referral of complaint to Commissioner of Police
43. Referral of complaint to other person
PART 6 INVESTIGATIONS
Division 1 Conduct of investigations
44. Appointment of investigator
45. Own motion investigations
46. Procedure on investigation
47. Conduct of investigation
48. Investigation to be conducted in private unless otherwise
authorised by chief executive officer
49. Representation
50. Investigator's power to enter premises
51. Search warrants
52. Powers of investigator while on premises
53. Application for use of surveillance device
54. Offences relating to investigations
Division 2 Procedure after investigation
55. Investigator's report
56. Opportunity to provide comment on report
3
57. Report of investigation
58. Determination of Board
59. Persons to whom notice of determination is to be given
PART 7 INQUIRY BY INTEGRITY TRIBUNAL
Division 1 Integrity Tribunal
60. Power of Board to convene Integrity Tribunal
61. Function of Integrity Tribunal
62. Constitution of Integrity Tribunal
63. Persons appointed to assist Integrity Tribunal
Division 2 Conduct of inquiry
64. Powers of Integrity Tribunal on inquiry
65. Notice of complaint
66. Right of representation
67. Right of appearance
68. Directions conference
69. Procedure of inquiry
70. Response to notice of complaint
71. Conduct of inquiry
72. Power to enter premises
73. Search warrants
74. Powers of inquiry officer while on premises
75. Application for use of surveillance device
76. Hearings of Integrity Tribunal
77. Presiding at hearings
Division 3 Procedure after inquiry
78. Determination of Integrity Tribunal
79. Review of determination
Division 4 Offences
80. Offences relating to Integrity Tribunal
81. Offences against inquiry officers
4
Division 5 Costs and expenses
82. Interpretation
83. Legal costs of witnesses
84. Allowances to witnesses
85. Compensation to witnesses for loss of income
86. Costs and expenses of inquiry, &c.
PART 8 MISCONDUCT BY CERTAIN PUBLIC OFFICERS
Division 1 Misconduct by designated public officers
87. Investigation or dealing with misconduct by designated public
officers
Division 2 Police misconduct
88. Integrity Commission's role in relation to police misconduct
89. Own motion investigations
90. Consultation with Commissioner of Police
91. Commissioner of Police to respond to Integrity Commission
PART 9 MISCELLANEOUS
92. Claims of privilege
93. Information confidential
94. Protection from personal liability
95. False or misleading statements
96. Destruction or alteration of records or things
97. Certain notices to be confidential documents
98. Injunctions
99. Right to Information Act does not apply
100. Personal information may be disclosed to Integrity Commission
101. Non-application of Act to certain allegations, &c.
102. Amendment of Schedule 1
103. Regulations
104. Administration of Act
5
PART 10 ACTS INTERPRETATION ACT 1931 AMENDED
105. Principal Act
106. Section 46 amended (Definitions of certain common phrases)
PART 11 AUDIT ACT 2008 AMENDED
107. Principal Act
108. Section 4 amended (Interpretation)
109. Section 23 amended (Examinations and investigations)
110. Section 30 amended (Report on examination or investigation)
PART 12 COMMISSIONS OF INQUIRY ACT 1995 AMENDED
111. Principal Act
112. Section 22 amended (Notices to witnesses)
113. Section 24A inserted
24A. Application for use of surveillance device
PART 13 JUDICIAL REVIEW ACT 2000 AMENDED
114. Principal Act
115. Schedule 1 amended (Decisions to which Act does not apply)
PART 14 OMBUDSMAN ACT 1978 AMENDED
116. Principal Act
117. Section 12 amended (Matters subject to investigation)
118. Section 16A inserted
16A. Investigation on reference by Integrity Commission
PART 15 PERSONAL INFORMATION PROTECTION ACT 2004
AMENDED
119. Principal Act
120. Section 7 amended (Courts and tribunals)
PART 16 STATE SERVICE ACT 2000 AMENDED
121. Principal Act
122. Section 18 amended (Functions of Commissioner)
123. Section 24 amended (Relationship with Ombudsman and other
persons)
6
124. Schedule 1 amended (Agencies)
SCHEDULE 1 PRINCIPAL OFFICERS
SCHEDULE 2 MEMBERSHIP OF BOARD OF INTEGRITY
COMMISSION
SCHEDULE 3 MEETINGS OF BOARD OF INTEGRITY
COMMISSION
SCHEDULE 4 MEMBERSHIP OF JOINT STANDING COMMITTEE
ON INTEGRITY
SCHEDULE 5 MEETINGS OF JOINT STANDING COMMITTEE ON
INTEGRITY
SCHEDULE 6 PROVISIONS IN RESPECT OF HEARINGS OF
INTEGRITY TRIBUNAL
7
8
INTEGRITY COMMISSION BILL 2009
(Brought in by the Minister for Justice, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to establish an Integrity Commission and for
related matters and to amend certain Acts
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Integrity
Commission Act 2009.
2. Commencement
This Act commences on a day or days to be
proclaimed.
3. Object and objectives
(1) The object of this Act is to promote and enhance
standards of ethical conduct by public officers
by the establishment of an Integrity
Commission.
THIS BILL IS COGNATE WITH THE PUBLIC INTEREST DISCLOSURES AMENDMENT BILL
2009
[Bill 85] 9
Integrity Commission Act 2009
Act No. of
s. 3 Part 1 Preliminary
(2) The objectives of the Integrity Commission are
to
(a) improve the standard of conduct,
propriety and ethics in public authorities
in Tasmania; and
(b) enhance public confidence that
misconduct by public officers will be
appropriately investigated and dealt with;
and
(c) enhance the quality of, and commitment
to, ethical conduct by adopting a strong,
educative, preventative and advisory
role.
(3) The Integrity Commission will endeavour to
achieve these objectives by
(a) educating public officers and the public
about integrity; and
(b) assisting public authorities deal with
misconduct; and
(c) dealing with allegations of serious
misconduct or misconduct by designated
public officers and the holders of senior
executive offices; and
(d) making findings and recommendations in
relation to its investigations and
inquiries.
10
Integrity Commission Act 2009
Act No. of
Part 1 Preliminary s. 4
4. Interpretation
(1) In this Act, unless the contrary intention
appears
"assessor" means a person appointed under
section 35(2);
"audit" includes to examine, investigate,
inspect and review;
"authorised person" means a person
authorised under section 21;
"Board" means the Board of the Integrity
Commission established under
section 12;
"Chief Commissioner" means the person
appointed under section 15;
"chief executive officer" means the person
appointed under section 17;
"complainant", in relation to a complaint,
means the person making the complaint,
whether on that person's behalf or on
behalf of some other person;
"complaint" means a complaint made under
section 33 and includes any associated
matters relating to the complaint;
"council-owned company" means a company
incorporated under the Corporations Act
that is controlled by one or more councils
or another company that is so controlled;
11
Integrity Commission Act 2009
Act No. of
s. 4 Part 1 Preliminary
"designated public officer" means a public
officer specified in section 6;
"DPP" means the person appointed as
Director of Public Prosecutions under the
Director of Public Prosecutions Act
1973;
"functions" includes duties;
"Government Business Enterprise" means a
Government Business Enterprise within
the meaning of the Government Business
Enterprises Act 1995;
"Government department" means any
department established under the State
Service Act 2000, or constituted by any
other enactment as a department within
the meaning of the State Service Act
2000;
"Head of Agency" has the same meaning as
in the State Service Act 2000;
"inquiry officer" means a person appointed
or required under section 63 to assist an
Integrity Tribunal with the conduct of an
inquiry;
"Integrity Commission" means the Integrity
Commission established under section 7;
"integrity entity" means any of the
following:
(a) the Integrity Commission;
12
Integrity Commission Act 2009
Act No. of
Part 1 Preliminary s. 4
(b) the Ombudsman;
(c) the Auditor-General;
(d) the State Service Commissioner
in performing his or her functions
in relation to misconduct;
"Integrity Tribunal" means an Integrity
Tribunal convened under section 60;
"investigator" means a person appointed
under section 44;
"Joint Committee" means the Joint Standing
Committee on Integrity established under
section 23;
"local authority" includes
(a) a council; and
(b) a single authority, controlling
authority or joint authority
established under Part 3 of the
Local Government Act 1993; and
(c) any other body or authority,
constituted or established by or
under an Act, having power to
levy, or cause to be levied, a rate
on any land;
"member", in relation to a council, means a
member of that council elected under the
Local Government Act 1993;
13
Integrity Commission Act 2009
Act No. of
s. 4 Part 1 Preliminary
"Member of Parliament" means a member
of the Legislative Council or the House
of Assembly;
"misconduct" means
(a) conduct, or an attempt to engage
in conduct, of or by a public
officer that is or involves
(i) a breach of a code of
conduct applicable to the
public officer; or
(ii) the performance of the
public officer's functions
or the exercise of the
public officer's powers, in
a way that is dishonest or
improper; or
(iii) a misuse of information or
material acquired in or in
connection with the
performance of the public
officer's functions or
exercise of the public
officer's powers; or
(iv) a misuse of public
resources in connection
with the performance of
the public officer's
functions or the exercise
of the public officer's
powers; or
14
Integrity Commission Act 2009
Act No. of
Part 1 Preliminary s. 4
(b) conduct, or an attempt to engage
in conduct, of or by any public
officer that adversely affects, or
could adversely affect, directly or
indirectly, the honest and proper
performance of functions or
exercise of powers of another
public officer
but does not include conduct, or an
attempt to engage in conduct, by a public
officer in connection with a proceeding
of either House of Parliament;
"Parliamentary integrity entity" means any
of the following:
(a) the President of the Legislative
Council;
(b) the Speaker of the House of
Assembly;
"Parliamentary Standards Commissioner"
means the person appointed to the office
of Parliamentary Standards
Commissioner under section 27;
"police misconduct" means misconduct by a
police officer;
"political party" means a party registered
under the Electoral Act 2004 or under an
Act of the Commonwealth or another
State or Territory as a political party;
15
Integrity Commission Act 2009
Act No. of
s. 4 Part 1 Preliminary
"premises of a public authority" means
premises at which the business or
operations of the public authority are
conducted;
"principal officer", in relation to a public
authority specified in Column 1 of
Schedule 1, means the principal officer
specified in Column 2 of the Schedule
opposite that public authority;
"privilege" includes all the privileges set out
in Part 10 of Chapter 3 of the Evidence
Act 2001 and the privileges of the
Parliament;
"public authority" means a public authority
referred to in section 5;
"public officer" means a person who is a
public authority or a person who holds
any office, employment or position in a
public authority whether the appointment
to the office, employment or position is
by way of selection or election or by any
other manner;
"record" includes any account, deed, writing
or document and any other record of
information however compiled, recorded
or stored, whether in written or printed
form, on film or in electronic form or
otherwise;
"register of complaints" means the register
referred to in section 34;
16
Integrity Commission Act 2009
Act No. of
Part 1 Preliminary s. 4
"relevant public authority", in relation to a
complaint made or an investigation or
inquiry conducted under this Act, means
the public authority to which a public
officer who is the subject of a complaint
is appointed or, in the case of a public
authority who is a person, the public
authority who is the subject of a
complaint, investigation or inquiry;
"responsible Minister", in relation to any
public authority or part of a public
authority, means the Minister charged
with the administration of that public
authority or part of that public authority;
"senior executive office" means an office
created under section 29(4) of the State
Service Act 2000;
"serious misconduct" means misconduct by
any public officer that could, if proved,
be
(a) a crime or an offence of a serious
nature; or
(b) misconduct providing reasonable
grounds for terminating the
public officer's appointment;
"State-owned company" means a company
incorporated under the Corporations Act
that is controlled by
(a) the Crown; or
17
Integrity Commission Act 2009
Act No. of
s. 4 Part 1 Preliminary
(b) a Government Business
Enterprise; or
(c) a statutory authority; or
(d) another company which is itself
controlled by an entity referred to
in paragraph (a), (b) or (c);
"statutory authority" means a body or
authority, whether incorporated or not,
that is established, constituted or
continued by or under an Act or under
the royal prerogative, being a body or
authority which, or of which the
governing authority, wholly or partly
comprises a person or persons appointed
by the Governor, a Minister or another
statutory authority but does not include a
State Service Agency;
"statutory office" means an office the holder
of which is appointed by the Governor or
a Minister but does not include an office
under the State Service Act 2000.
(2) For the purposes of this Act
(a) a reference to a public authority includes
a reference to the principal officer and
each of the members, officers and
employees of the authority; and
(b) a reference to an officer of a public
authority includes a reference to a
principal officer and an officer appointed
by or to the authority under any Act; and
18
Integrity Commission Act 2009
Act No. of
Part 1 Preliminary s. 5
(c) a reference to a member of a public
authority includes a reference to the
holder of an office created by any Act
who, by virtue of his or her holding the
office, is a member of the authority; and
(d) a reference to an employee of a public
authority includes a reference to a State
Service officer or State Service
employee; and
(e) a reference to a member of a public
authority includes a reference to a person
who is elected to that authority.
(3) For the purposes of the definition of "State-
owned company" in subsection (1), the
provisions of the Corporations Act relating to
control are taken to apply as if the Crown,
Government Business Enterprise or statutory
authority, as the case may be, were a corporation
under that Act.
5. Public authorities
(1) Subject to subsection (2), the following persons
are public authorities for the purposes of this
Act:
(a) the Parliament of Tasmania and any
person performing functions or
exercising powers under the
Parliamentary Privilege Act 1898;
19
Integrity Commission Act 2009
Act No. of
s. 5 Part 1 Preliminary
(b) a person employed in an office of a
Minister, Parliamentary Secretary or
other Member of Parliament whether in
accordance with the State Service Act
2000 or otherwise, except for a person
performing functions or exercising
powers under the Parliamentary
Privilege Act 1898;
(c) a State Service Agency;
(d) the Police Service;
(e) any person performing functions under
the Governor of Tasmania Act 1982;
(f) a Government Business Enterprise;
(g) the Board of a Government Business
Enterprise;
(h) a State-owned company;
(i) the Board of a State-owned company;
(j) a body or authority, whether incorporated
or not, whose members or a majority of
whose members are appointed by the
Governor or a Minister under an Act;
(k) the holder of a statutory office;
(l) a local authority;
(m) a council-owned company;
(n) any other prescribed body or authority,
whether incorporated or not
20
Integrity Commission Act 2009
Act No. of
Part 1 Preliminary s. 6
(i) to which any money is paid by
way of appropriation from the
Public Account; or
(ii) over which the Government or a
Minister exercises control.
(2) The following persons are not public authorities
for the purposes of this Act:
(a) the Governor of Tasmania;
(b) a judge of the Supreme Court;
(c) the Associate Judge of the Supreme
Court;
(d) a magistrate of the Magistrates Court;
(e) a court;
(f) a tribunal;
(g) the Tasmanian Industrial Commission;
(h) the Integrity Commission;
(i) any other prescribed person.
(3) A reference to a person specified in
subsection (1) or (2) includes a reference to that
person as it was formerly known.
6. Designated public officers
(1) The following persons are designated public
officers:
21
Integrity Commission Act 2009
Act No. of
s. 6 Part 1 Preliminary
(a) a Member of Parliament;
(b) a member of a council;
(c) the principal officer of a public authority
other than a person specified in
section 5(2) in relation to the principal
officer's office;
(d) the holder of a statutory office;
(e) such other persons as may be prescribed.
(2) The persons specified in section 5(2) are not
designated public officers for the purposes of
this Act.
22
Integrity Commission Act 2009
Act No. of
Part 2 Integrity Commission s. 7
PART 2 INTEGRITY COMMISSION
Division 1 Establishment of Integrity Commission
7. Establishment of Integrity Commission
(1) The Integrity Commission is established.
(2) The Integrity Commission includes the Board,
any member of the Board, the staff of the
Integrity Commission, any authorised persons,
assessors, investigators, and any member of or
any persons appointed to assist an Integrity
Tribunal.
(3) The Integrity Commission
(a) is a body corporate with perpetual
succession; and
(b) may have a seal; and
(c) may sue and be sued in its corporate
name; and
(d) is an instrumentality of the Crown.
(4) If the Integrity Commission has a seal
(a) it is to be kept and used as authorised by
the Integrity Commission; and
(b) all courts and persons acting judicially
must take judicial notice of the imprint of
the seal on a document and presume that
it was duly sealed by the Integrity
Commission.
23
Integrity Commission Act 2009
Act No. of
s. 8 Part 2 Integrity Commission
8. Functions and powers of Integrity Commission
(1) In addition to any other functions that are
imposed on the Integrity Commission under this
or any other Act, the functions of the Integrity
Commission are to
(a) develop standards and codes of conduct
to guide public officers in the conduct
and performance of their duties; and
(b) educate public officers and the public
about integrity in public administration;
and
(c) prepare guidelines and provide training
to public officers on matters of conduct,
propriety and ethics; and
(d) provide advice on a confidential basis to
public officers about the practical
implementation of standards of conduct
that it considers appropriate in specific
instances; and
(e) establish and maintain codes of conduct
and registration systems to regulate
contact between persons conducting
lobbying activities and certain public
officers; and
(f) receive and assess complaints or
information relating to matters involving
misconduct; and
(g) refer complaints to a relevant public
authority, integrity entity or
24
Integrity Commission Act 2009
Act No. of
Part 2 Integrity Commission s. 8
Parliamentary integrity entity for action;
and
(h) refer complaints or any potential
breaches of the law to the Commissioner
of Police, the DPP or other person that
the Integrity Commission considers
appropriate for action; and
(i) investigate any complaint by itself or in
cooperation with a public authority, the
Commissioner of Police, the DPP or
other person that the Integrity
Commission considers appropriate; and
(j) on its own initiative, initiate an
investigation into any matter related to
misconduct; and
(k) deal with any matter referred to it by the
Joint Committee; and
(l) assume responsibility for, and complete,
an investigation into misconduct
commenced by a public authority or
integrity entity if the Integrity
Commission considers that action to be
appropriate having regard to the
principles set out in section 9; and
(m) when conducting or monitoring
investigations into misconduct, gather
evidence for or ensure evidence is
gathered for
(i) the prosecution of persons for
offences; or
25
Integrity Commission Act 2009
Act No. of
s. 8 Part 2 Integrity Commission
(ii) proceedings to investigate a
breach of a code of conduct; or
(iii) proceedings under any other Act;
and
(n) conduct inquiries into complaints; and
(o) receive reports relating to misconduct
from a relevant public authority, integrity
entity or Parliamentary integrity entity
and take any action that it considers
appropriate; and
(p) if the Integrity Commission is satisfied
that it is in the public interest and
expedient to do so, recommend to the
Premier the establishment of a
Commission of Inquiry under the
Commissions of Inquiry Act 1995; and
(q) monitor or audit any matter relating to
the dealing with and investigation of
complaints about misconduct in any
public authority including any standards,
codes of conduct, or guidelines that relate
to the dealing with those complaints; and
(r) perform any other prescribed functions or
exercise any other prescribed powers.
(2) In addition to any other powers that are
conferred on the Integrity Commission under
this or any other Act, the Integrity Commission
has the power to do all things necessary or
convenient to be done in connection with the
performance of its functions.
26
Integrity Commission Act 2009
Act No. of
Part 2 Integrity Commission s. 9
9. Principles of operation of Integrity Commission
(1) The Integrity Commission is to perform its
functions and exercise its powers in such a way
as to
(a) raise standards of conduct, propriety and
ethics in public authorities; and
(b) work cooperatively with public
authorities, integrity entities and
Parliamentary integrity entities to prevent
or respond to misconduct; and
(c) improve the capacity of public authorities
to prevent and respond to cases of
misconduct; and
(d) ensure that action to prevent and respond
to misconduct in a public authority is
taken if the public authority has the
capacity, and it is in the public interest,
to do so; and
(e) deal with matters of misconduct by
designated public officers; and
(f) ensure that matters of misconduct or
serious misconduct are dealt with
expeditiously at a level and by a person
that it considers is appropriate; and
(g) not duplicate or interfere with work that
it considers has been undertaken or is
being undertaken appropriately by a
public authority.
27
Integrity Commission Act 2009
Act No. of
s. 10 Part 2 Integrity Commission
(2) In the performance of its functions and the
exercise of its powers, the Integrity Commission
is not bound by the rules of law governing the
admission of evidence but may inform itself of
any matter in such manner as it thinks fit.
(3) The Integrity Commission is to perform its
functions and exercise its powers with as little
formality and technicality as possible.
10. Integrity Commission not subject to direction or
control of Minister
The Integrity Commission is not subject to the
direction or control of the Minister in respect of
the performance or exercise of its functions or
powers.
11. Annual and other reports
(1) The Integrity Commission, as soon as
practicable after 31 October in each year, is to
lay before each House of Parliament a report on
the performance of its functions and exercise of
its powers under this Act during the period of 12
months ending on that date.
(2) The report under subsection (1) may be
combined with the report under section 36 of the
State Service Act 2000.
(3) The Integrity Commission may, at any time, lay
before each House of Parliament a report on any
matter arising in connection with the
28
Integrity Commission Act 2009
Act No. of
Part 2 Integrity Commission s. 12
performance of its functions or exercise of its
powers.
(4) The Integrity Commission may, at any time,
provide a report to the Joint Committee on the
performance of its functions or exercise of its
powers relating to an investigation or inquiry.
Division 2 Board of Integrity Commission
12. Establishment of Board of Integrity Commission
The Board of the Integrity Commission is
established.
13. Role of Board
The role of the Board is to
(a) ensure that the chief executive officer
and the staff of the Integrity Commission
perform their functions and exercise their
powers in accordance with sound public
administration practice and principles of
procedural fairness and the objectives of
this Act; and
(b) promote an understanding of good
practice and systems in public authorities
in order to develop a culture of integrity,
propriety and ethical conduct in those
public authorities and their capacity to
deal with allegations of misconduct; and
29
Integrity Commission Act 2009
Act No. of
s. 14 Part 2 Integrity Commission
(c) monitor and report to the Minister or
Joint Committee or both the Minister and
Joint Committee on the operation and
effectiveness of this Act and other
legislation relating to the operations of
integrity entities in Tasmania.
14. Members of Board
(1) The members of the Board are
(a) the Chief Commissioner who is the
chairperson; and
(b) the person holding the office of Auditor-
General; and
(c) the person appointed as Ombudsman;
and
(d) the person holding the office of State
Service Commissioner; and
(e) a person with experience in local
government; and
(f) a person with experience in law
enforcement or the conduct of
investigations; and
(g) a person who has at least one of the
following:
(i) experience in public
administration, governance or
government;
30
Integrity Commission Act 2009
Act No. of
Part 2 Integrity Commission s. 14
(ii) experience in business
management and administration
whether in a government
organisation or non-government
organisation;
(iii) experience in legal practice.
(2) The members of the Board referred to in
subsection (1)(e), (f) or (g) are appointed by the
Governor on the advice of the Minister.
(3) In providing advice to the Governor, the
Minister is to inform the Governor of the
outcome of the consultations referred to in
subsection (4).
(4) Before a person is appointed as a member of the
Board under subsection (1)(e), (f) or (g), the
Minister is to consult the Joint Committee.
(5) If the members of the Joint Committee have not
been appointed or Parliament has been
prorogued, the Minister is to consult
(a) the President of the Legislative Council;
and
(b) the Parliamentary leader of each political
party represented in the House of
Assembly.
(6) A person is not eligible to be appointed as a
member of the Board under subsection (1)(e), (f)
or (g) if that person is, or has been in the period
of 5 years immediately preceding the date on
which it is proposed to appoint that person
31
Integrity Commission Act 2009
Act No. of
s. 15 Part 2 Integrity Commission
(a) a Member of a House of Parliament of
the Commonwealth or a State or
Territory; or
(b) a member of a council; or
(c) a member of a political party or a
member of a similar organisation.
(7) Schedule 2 has effect with respect to
membership of the Board.
(8) Schedule 3 has effect with respect to meetings of
the Board.
15. Chief Commissioner
(1) A person is to be appointed by the Governor as
Chief Commissioner.
(2) Before a person is appointed as Chief
Commissioner, the Minister is to consult the
Joint Committee.
(3) If the members of the Joint Committee have not
been appointed or Parliament has been
prorogued, the Minister is to consult
(a) the President of the Legislative Council;
and
(b) the Parliamentary leader of each political
party represented in the House of
Assembly.
32
Integrity Commission Act 2009
Act No. of
Part 2 Integrity Commission s. 16
(4) A person is not eligible to be the Chief
Commissioner unless that person
(a) is an Australian lawyer and has had not
less than 7 years' standing as a legal
practitioner; and
(b) is under the age of 72 years.
(5) A person is not eligible to be appointed as Chief
Commissioner if that person is, or has been in
the period of 5 years immediately preceding the
date on which it is proposed to appoint that
person
(a) a Member of a House of Parliament of
the Commonwealth or a State or
Territory; or
(b) a member of a council; or
(c) a member of a political party or a
member of a similar organisation.
(6) If the Chief Commissioner is removed from
office by the Governor, he or she ceases to be a
member of the Board.
16. Delegation
(1) The Board may, by resolution, delegate to a
member of the Board, a member of the staff,
other than the chief executive officer, of the
Integrity Commission or any other person all or
any of its functions or powers under this Act or
33
Integrity Commission Act 2009
Act No. of
s. 17 Part 2 Integrity Commission
any other Act, other than this power of
delegation.
(2) The Board may, by resolution, delegate to the
chief executive officer any of its functions and
powers including this power of delegation.
(3) Section 23AA(2), (3), (4), (5) and (8) of the Acts
Interpretation Act 1931 apply to a delegation
made under subsection (1).
Division 3 Staff of Integrity Commission
Subdivision 1 Chief executive officer
17. Chief executive officer
(1) Subject to and in accordance with the State
Service Act 2000, a chief executive officer of the
Integrity Commission is to be appointed.
(2) Before a person is appointed as chief executive
officer, the Minister is to consult the Joint
Committee.
(3) If the members of the Joint Committee have not
been appointed or Parliament has been
prorogued, the Minister is to consult
(a) the President of the Legislative Council;
and
(b) the Parliamentary leader of each political
party represented in the House of
Assembly.
34
Integrity Commission Act 2009
Act No. of
Part 2 Integrity Commission s. 18
(4) The chief executive officer is not eligible to hold
the office of member of the Board.
18. Responsibilities of chief executive officer
(1) The chief executive officer is responsible to the
Board for the general administration,
management and operations of the Integrity
Commission.
(2) The chief executive officer
(a) must perform any functions or carry out
any responsibilities imposed on the chief
executive officer, and may exercise any
other powers conferred on the chief
executive officer, by this or any other
Act; and
(b) must carry out any responsibilities, and
may perform any functions or exercise
any powers, delegated by the Board.
19. Delegation by chief executive officer
The chief executive officer may delegate any of
his or her responsibilities, functions or powers,
other than this power of delegation.
35
Integrity Commission Act 2009
Act No. of
s. 20 Part 2 Integrity Commission
Subdivision 2 Officers, employees and authorised persons
20. Officers and employees
Subject to and in accordance with the State
Service Act 2000, persons may be appointed for
the purpose of this Act.
21. Authorised persons
(1) The chief executive officer may make
arrangements with the principal officer of any
public authority for a public officer of that
authority to be made available to undertake work
on behalf of the Integrity Commission.
(2) If a person is to be made available under
subsection (1), the chief executive officer is to,
by written notice, authorise the person to
perform the functions or exercise the powers
under this Act that are specified in the notice.
(3) An arrangement made under subsection (1) may
allow the authorised person to remain an
employee of the public authority, but to report to
the chief executive officer or other person
nominated by the chief executive officer in
relation to the work being undertaken on behalf
of the Integrity Commission.
(4) At the request of the chief executive officer, the
Commissioner of Police is to make available, in
accordance with an agreement referred to in
subsection (10), police officers to undertake
36
Integrity Commission Act 2009
Act No. of
Part 2 Integrity Commission s. 21
investigations and assist with inquiries on behalf
of the Integrity Commission.
(5) The chief executive officer may make
arrangements with a law enforcement authority
(however described) of the Commonwealth or
another State or a Territory for officers or
employees of that authority to be made available
to undertake investigations and assist with
inquiries on behalf of the Integrity Commission.
(6) If a person is to be made available under
subsection (4) or (5), the chief executive officer
is to, by written notice, authorise the person to
perform the functions or exercise the powers of
an investigator or inquiry officer under this Act.
(7) While undertaking work on behalf of the
Integrity Commission, an authorised person who
is a police officer continues to have the functions
and powers of a police officer but reports to the
chief executive officer, or other person
nominated by the chief executive officer, in
relation to the work being undertaken on behalf
of the Integrity Commission.
(8) Nothing in this section or the Police Service Act
2003 requires a police officer who is made
available under subsection (4) to report to,
provide information to or take direction from the
Commissioner of Police or any senior officer
within the meaning of that Act.
(9) The Commissioner of Police is to appoint, with
or without restrictions, as a special constable any
person made available under subsection (5).
37
Integrity Commission Act 2009
Act No. of
s. 21 Part 2 Integrity Commission
(10) The Commissioner of Police and the chief
executive officer are to enter into a written
agreement concerning the provision of police
officers to undertake investigations and assist
with inquiries on behalf of the Integrity
Commission.
38
Integrity Commission Act 2009
Act No. of
Part 3 Relationship with Parliament s. 22
PART 3 RELATIONSHIP WITH PARLIAMENT
Division 1 Preliminary
22. Interpretation: Part 3, Division 1
In this Part
"integrity entity" does not include the
Auditor-General.
Division 2 Joint Standing Committee on Integrity
23. Joint Standing Committee on Integrity
(1) The Joint Standing Committee on Integrity is
established.
(2) The Joint Committee consists of 6 Members of
Parliament of whom
(a) 3 are to be Members of the Legislative
Council; and
(b) 3 are to be Members of the House of
Assembly.
(3) Of the members of the Joint Committee referred
to in subsection (2)(b), at least one member of
any political party that has 3 or more members in
the House of Assembly is to be a member of the
Joint Committee.
(4) The Joint Committee is to be appointed at the
commencement of the first session of each
39
Integrity Commission Act 2009
Act No. of
s. 24 Part 3 Relationship with Parliament
Parliament according to the practice regulating
the appointment of Members of Parliament to
serve on select committees of the Legislative
Council and House of Assembly respectively.
(5) Schedule 4 has effect with respect to the
membership of the Joint Committee.
(6) Schedule 5 has effect with respect to the
proceedings of the Joint Committee.
24. Functions and powers of Joint Committee
(1) The Joint Committee has the following
functions:
(a) to monitor and review the performance
of the functions of an integrity entity;
(b) to report to both Houses of Parliament, as
it considers appropriate, on the following
matters:
(i) matters relevant to an integrity
entity;
(ii) matters relevant to the
performance of an integrity
entity's functions or the exercise
of an integrity entity's powers;
(c) to examine the annual reports of an
integrity entity and any other report of an
integrity entity and report to both Houses
of Parliament on any matter appearing in
or arising out of such reports;
40
Integrity Commission Act 2009
Act No. of
Part 3 Relationship with Parliament s. 24
(d) to report to the Legislative Council or
House of Assembly on any matter
relevant to an integrity entity's functions
that is referred to it by the Legislative
Council or House of Assembly;
(e) to review the functions, powers and
operations of the Integrity Commission
at the expiration of the period of 3 years
commencing on the commencement of
this section and to table in both Houses
of Parliament a report regarding any
action that should be taken in relation to
this Act or the functions, powers and
operations of the Integrity Commission;
(f) to provide guidance and advice relating
to the functions of an integrity entity
under this Act;
(g) to refer any matter to the Integrity
Commission for investigation or advice;
(h) to comment on proposed appointments to
be made under section 14(1)(e), (f) or (g)
and section 15.
(2) Nothing in this Part authorises the Joint
Committee
(a) to investigate any matter relating to a
complaint that is being dealt with by the
Integrity Commission; or
(b) to review a decision of the Integrity
Commission to investigate, not
investigate or discontinue an
41
Integrity Commission Act 2009
Act No. of
s. 25 Part 3 Relationship with Parliament
investigation or inquire into or not
inquire into a particular complaint; or
(c) to make findings, recommendations,
determinations or other decisions of the
Integrity Commission in relation to a
particular investigation or complaint.
25. Resignation
A member of the Joint Committee may resign
his or her office as a member of the Joint
Committee by writing under his or her hand
addressed to the presiding officer of the House
of Parliament of which the member is a Member
of Parliament.
26. Report to Parliament
The Joint Committee, before the commencement
of each session of Parliament, is to make a report
of its proceedings under this Act and the report
is to be laid before both Houses of Parliament
within 14 days after the making of it, if
Parliament is sitting, and, if Parliament is not
sitting, then within 14 days after the
commencement of the next session of
Parliament.
42
Integrity Commission Act 2009
Act No. of
Part 3 Relationship with Parliament s. 27
Division 3 Parliamentary standards
27. Parliamentary Standards Commissioner
(1) The office of Parliamentary Standards
Commissioner is established.
(2) The Chief Commissioner, on advice from the
Board, is to appoint a person to the office of
Parliamentary Standards Commissioner.
(3) The Parliamentary Standards Commissioner
holds office on such terms and conditions as are
specified in his or her instrument of
appointment.
28. Function of Parliamentary Standards
Commissioner
(1) The function of the Parliamentary Standards
Commissioner is to provide advice to Members
of Parliament and the Integrity Commission
(a) about conduct, propriety and ethics and
the interpretation of any relevant codes
of conduct and guidelines relating to the
conduct of Members of Parliament; and
(b) relating to the operation of the
Parliamentary disclosure of interests
register, declarations of conflicts of
interest register and any other register
relating to the conduct of Members of
Parliament; and
43
Integrity Commission Act 2009
Act No. of
s. 29 Part 3 Relationship with Parliament
(c) relating to guidance and training for
Members of Parliament and persons
employed in the offices of Members of
Parliament on matters of conduct,
integrity and ethics; and
(d) relating to the operation of any codes of
conduct and guidelines that apply to
Members of Parliament.
(2) The advice provided under subsection (1) may
be provided by the Parliamentary Standards
Commissioner on a confidential basis.
29. Restriction of functions of Parliamentary Standards
Commissioner
The Parliamentary Standards Commissioner is
not to be involved in the assessment or
investigation of, or any inquiry in relation to, a
complaint under this Act, if the Parliamentary
Standards Commissioner has provided advice
about a matter that relates to that complaint.
30. Functions of chief executive officer in relation to
Members of Parliament
The chief executive officer is to
(a) monitor the operation of the
Parliamentary disclosure of interests
register, declarations of conflicts of
interest register and any other register
44
Integrity Commission Act 2009
Act No. of
Part 3 Relationship with Parliament s. 30
relating to the conduct of Members of
Parliament; and
(b) prepare guidance and provide training for
Members of Parliament and persons
employed in the offices of Members of
Parliament on matters of conduct,
integrity and ethics; and
(c) review, develop and monitor the
operation of any codes of conduct and
guidelines that apply to Members of
Parliament; and
(d) where appropriate, propose to a
Parliamentary integrity entity possible
modifications of any code of conduct or
guidelines.
45
Integrity Commission Act 2009
Act No. of
s. 31 Part 4 Educative, Preventative and Advisory Functions of Commission
PART 4 EDUCATIVE, PREVENTATIVE AND
ADVISORY FUNCTIONS OF COMMISSION
31. Educative, preventative and advisory functions
The Integrity Commission has the following
educative, preventative and advisory functions:
(a) to take such steps as the Integrity
Commission considers necessary to
uphold, promote and ensure adherence to
standards of conduct, propriety and
ethics in public authorities;
(b) to review and make recommendations
about practices, procedures and standards
in relation to conduct, propriety and
ethics in public authorities and to
evaluate their application within those
authorities;
(c) to provide advice to public officers and
the public about standards of conduct,
propriety and ethics in public authorities;
(d) to consult with, and provide assistance
to, principal officers of public authorities
in relation to the development and
implementation of codes of conduct
relevant to those authorities;
(e) to evaluate the adequacy of systems and
procedures in public authorities for
ensuring compliance with relevant codes
of conduct;
46
Integrity Commission Act 2009
Act No. of
Part 4 Educative, Preventative and Advisory Functions of Commission s. 32
(f) to develop and coordinate education and
training programs for public authorities
in relation to ethical conduct;
(g) to enter into contracts, agreements and
partnerships with other entities to support
its educative, preventative and advisory
functions;
(h) undertake research into matters related to
ethical conduct and investigatory
processes;
(i) to prepare information and material and
provide educative resources to increase
awareness of ethical conduct in the
community.
32. Public officers to be given education and training
relating to ethical conduct
(1) The principal officer of a public authority is to
ensure that public officers of the public authority
are given appropriate education and training
relating to ethical conduct.
(2) In particular, the education and training must
relate to
(a) the operation of this Act and any Act that
relates to the conduct of the public
officer; and
(b) the application of ethical principles and
obligations to public officers; and
47
Integrity Commission Act 2009
Act No. of
s. 32 Part 4 Educative, Preventative and Advisory Functions of Commission
(c) the content of any code of conduct that
applies to the public authority; and
(d) the rights and obligations of public
officers in relation to contraventions of
any code of conduct that applies to
public officers.
48
Integrity Commission Act 2009
Act No. of
Part 5 Complaints s. 33
PART 5 COMPLAINTS
Division 1 Receipt of complaints
33. Complaints
(1) Subject to this section, a complaint may be made
in writing to the Integrity Commission by a
person about alleged misconduct.
(2) When a complaint is made in writing it is to be
made in a manner and form approved by the
Board.
(3) A complaint under subsection (1) may be made
about a person who was a public officer at the
time the alleged misconduct specified in the
complaint occurred, whether or not that person is
a public officer when the complaint is made.
34. Registration of complaints
(1) On receipt of a complaint, the Integrity
Commission must enter the details of the
complaint in a register of complaints.
(2) The register of complaints is to be in a form
approved by the Board.
49
Integrity Commission Act 2009
Act No. of
s. 35 Part 5 Complaints
Division 2 Actions on receipt of complaint
35. Assessment of complaint
(1) On receipt of a complaint, the chief executive
officer
(a) may dismiss the complaint under
section 36; or
(b) accept the complaint for assessment.
(2) If the chief executive officer accepts a complaint
for assessment, the chief executive officer is to
appoint an assessor to assess the complaint as to
whether the complaint should be accepted for
investigation.
(3) If the assessor conducts an assessment in relation
to a complaint about a public officer, the
assessor may, if he or she considers it
appropriate, give written notice of his or her
intention to conduct the assessment to
(a) the principal officer of the relevant
public authority; and
(b) to the complainant; and
(c) to any public officer to whom the
complaint relates.
(4) In conducting an assessment under
subsection (3), the assessor may exercise any of
the powers of an investigator under Part 6 if the
assessor considers it is reasonable to do so.
50
Integrity Commission Act 2009
Act No. of
Part 5 Complaints s. 36
(5) Section 97 applies to a notice under
subsection (3) if the notice provides that it is a
confidential document.
36. Dismissal of complaint
(1) The chief executive officer may dismiss a
complaint for investigation if he or she considers
that
(a) it is frivolous or vexatious; or
(b) it was not made in good faith; or
(c) it lacks substance or credibility; or
(d) it does not relate to the functions of the
Integrity Commission; or
(e) investigating the complaint would be an
unjustifiable use of resources; or
(f) it is not in the public interest for the
Integrity Commission to investigate the
complaint; or
(g) in the case of a complaint about
misconduct occurring after the
commencement of this section, if the
complainant had had knowledge of the
subject matter of the complaint for more
than a year and fails to give a satisfactory
explanation for the delay in making the
complaint.
51
Integrity Commission Act 2009
Act No. of
s. 36 Part 5 Complaints
(2) Factors which the chief executive officer may
consider in determining the public interest under
subsection (1)(f) include, but are not limited to
(a) the nature and seriousness of the alleged
misconduct; and
(b) the time that has elapsed since the
alleged misconduct occurred; and
(c) the availability of evidence and the
recollection of any witnesses; and
(d) the likely degree of culpability, in
connection with the alleged misconduct,
of any public officer about whom the
complaint has been made; and
(e) whether the alleged misconduct could be
of significant public concern; and
(f) whether the alleged misconduct has been
previously investigated and appropriately
dealt with; and
(g) whether the alleged misconduct is being
appropriately dealt with; and
(h) the sanctions available to deal with the
alleged misconduct; and
(i) whether the alleged misconduct may be
indicative of, or may expose, entrenched
or systemic behaviour.
(3) The applicability of and weight to be given to
other relevant factors specified in subsection (2)
52
Integrity Commission Act 2009
Act No. of
Part 5 Complaints s. 37
and any other factors depend on the particular
circumstances of each complaint.
37. Report of assessor
(1) On completion of an assessment or review of a
complaint, the assessor is to prepare a report of
his or her assessment and forward that report to
the chief executive officer.
(2) The report of the assessor is to recommend that
the complaint
(a) be dismissed under section 36; or
(b) be referred to the principal officer of any
relevant public authority for investigation
and action; or
(c) be referred to an appropriate integrity
entity for investigation and action; or
(d) be referred to a Parliamentary integrity
entity for investigation and action; or
(e) be referred to the Commissioner of
Police for investigation if the assessor
considers a crime or other offence may
have been committed; or
(f) be referred to any other person who the
assessor considers appropriate for
investigation and action; or
(g) be investigated by the Integrity
Commission.
53
Integrity Commission Act 2009
Act No. of
s. 38 Part 5 Complaints
(3) In making his or her recommendation to the
chief executive officer, the assessor may
consider any or all of the following:
(a) the principles of operation of the
Integrity Commission specified in
section 9;
(b) the nature and seriousness of the alleged
misconduct if it were to be proven;
(c) the capacity of any relevant public
authority to investigate the complaint;
(d) whether it is in the public interest, or is
likely to increase public confidence, for
the Integrity Commission to investigate
the complaint;
(e) any other matters the assessor considers
relevant.
38. Actions of chief executive officer on receipt of
assessment
(1) On receipt of a report from an assessor prepared
under section 37, the chief executive officer is to
make a determination
(a) to dismiss or not accept the complaint; or
(b) to refer the complaint to which the report
relates, any relevant material and the
report to any relevant public authority
with recommendations for investigation
and action; or
54
Integrity Commission Act 2009
Act No. of
Part 5 Complaints s. 38
(c) to refer the complaint to which the report
relates, any relevant material and the
report to an appropriate integrity entity
with recommendations for investigation
and action; or
(d) to refer the complaint to which the report
relates, any relevant material and the
report to an appropriate Parliamentary
integrity entity; or
(e) to refer the complaint to which the report
relates, any relevant material and the
report to the Commissioner of Police
with a recommendation for investigation;
or
(f) to refer the complaint to which the report
relates, any relevant material and the
report to any person who the chief
executive officer considers appropriate
for action; or
(g) that the Integrity Commission investigate
the complaint.
(2) The chief executive officer is to give written
notice of his or her determination under
subsection (1) to the principal officer of any
relevant public authority and may, if he or she
considers it appropriate, give written notice to
(a) the complainant; and
(b) any public officer to whom the complaint
relates.
55
Integrity Commission Act 2009
Act No. of
s. 39 Part 5 Complaints
(3) Section 97 applies to a notice under
subsection (2) if the notice provides that it is a
confidential document.
39. Referral of complaint to relevant public authority
(1) If a complaint is referred to a relevant public
authority under section 38(1)(b), the chief
executive officer is to notify the principal officer
of that public authority in writing that the chief
executive officer is to be informed of the
outcome of the investigation, including any
action taken, or to be taken, by the public
authority.
(2) The chief executive officer may also
(a) require the relevant public authority to
provide progress reports on the
investigation at such times as the chief
executive officer considers necessary; or
(b) monitor the conduct of the investigation;
or
(c) audit the investigation after it has been
completed.
40. Referral of complaint to integrity entity
If a complaint is referred to an integrity entity
under section 38(1)(c), the chief executive
officer is to notify the integrity entity in writing
that the chief executive officer is to be informed
56
Integrity Commission Act 2009
Act No. of
Part 5 Complaints s. 41
of the outcome of the investigation including any
action taken, or to be taken, by the integrity
entity.
41. Referral of complaint to Parliamentary integrity
entity
If a complaint is referred to a Parliamentary
integrity entity under section 38(1)(d), the chief
executive officer is to notify the Parliamentary
integrity entity in writing that the chief executive
officer is to be informed of the outcome of the
investigation including any action taken, or to be
taken, by the Parliamentary integrity entity.
42. Referral of complaint to Commissioner of Police
(1) If a complaint is referred to the Commissioner of
Police under section 38(1)(e), the chief executive
officer is to notify the Commissioner of Police in
writing that the chief executive officer is to be
informed of the outcome of the investigation
including any action taken, or to be taken, by the
Commissioner of Police.
(2) The chief executive officer may also
(a) require the Commissioner of Police to
provide progress reports on the
investigation at such times as the chief
executive officer considers necessary; or
(b) monitor the investigation; or
57
Integrity Commission Act 2009
Act No. of
s. 43 Part 5 Complaints
(c) audit the investigation after it has been
completed.
43. Referral of complaint to other person
(1) If a complaint is referred to a person under
section 38(1)(f), the chief executive officer is to
notify the person in writing that the chief
executive officer is to be informed of the
outcome of the investigation including any
action taken, or to be taken, by the person.
(2) The chief executive officer may also
(a) require the person to provide progress
reports on the investigation at such times
the chief executive officer considers
necessary; or
(b) monitor the investigation; or
(c) audit the investigation after it has been
completed.
58
Integrity Commission Act 2009
Act No. of
Part 6 Investigations s. 44
PART 6 INVESTIGATIONS
Division 1 Conduct of investigations
44. Appointment of investigator
(1) If the chief executive officer makes a
determination that the Integrity Commission
should investigate a complaint, the chief
executive officer is to appoint an investigator to
conduct an investigation of the complaint.
(2) If a determination to investigate a complaint is
made, the chief executive officer may, if he or
she considers it appropriate, give written notice
to
(a) the principal officer of any relevant
public authority; and
(b) the complainant; and
(c) any public officer who is the subject of
the complaint
that an investigator has been appointed to
investigate the complaint.
(3) Any notice given under subsection (2)
(a) may include details of the complaint; and
(b) may include, if the chief executive
officer considers it appropriate, any
report of the assessor in relation to the
complaint.
59
Integrity Commission Act 2009
Act No. of
s. 45 Part 6 Investigations
(4) Section 97 applies to a notice under
subsection (2) if the notice provides that it is a
confidential document.
45. Own motion investigations
(1) The Board may determine that an investigator be
appointed to conduct an investigation on its own
motion in respect of any matter that is relevant to
the achievement of the objectives of this Act in
relation to misconduct, including but not limited
to
(a) an investigation into misconduct by a
public officer; and
(b) an investigation into misconduct by a
designated public officer; and
(c) an investigation into misconduct or
serious misconduct generally; and
(d) an investigation into any of the policies,
practices or procedures of a public
authority or of a public officer, or the
failure of those policies, practices or
procedures.
(2) If the Board makes a determination under
subsection (1), it is to advise the chief executive
officer, who is to appoint an investigator to
conduct an investigation
(a) into whether or not any particular public
officer, designated public officer or other
60
Integrity Commission Act 2009
Act No. of
Part 6 Investigations s. 46
person may have committed misconduct;
or
(b) into whether or not any serious
misconduct or other misconduct is
suspected; or
(c) into whether or not any person under
investigation who was a public officer at
any relevant time is still a public officer
at the time of the investigation.
(3) If the Board makes a determination under
subsection (1), the chief executive officer may, if
he or she considers it appropriate, give written
notice of the investigation to
(a) the principal officer of any relevant
public authority; and
(b) any responsible Minister; and
(c) any public officer suspected of
misconduct.
(4) Section 97 applies to a notice under
subsection (3) if the notice provides that it is a
confidential document.
46. Procedure on investigation
(1) Subject to this Act, an investigator
(a) may conduct an investigation in any
manner he or she considers appropriate;
and
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Integrity Commission Act 2009
Act No. of
s. 47 Part 6 Investigations
(b) may obtain information from any persons
in any manner he or she considers
appropriate; and
(c) must observe the rules of procedural
fairness; and
(d) may make any investigations he or she
considers appropriate.
(2) The investigator may take into account in an
investigation any information obtained by an
assessor in the course of conducting an
assessment under section 35.
(3) The chief executive officer may authorise any
person to assist an investigator.
47. Conduct of investigation
(1) In conducting an investigation under
section 46(1), the investigator, by written notice
given to a person, may require or direct the
person to do any or all of the following:
(a) to provide the investigator or any person
assisting the investigator with any
information or explanation that the
investigator requires;
(b) to attend and give evidence before the
investigator or any person assisting the
investigator;
(c) to produce to the investigator or any
person assisting the investigator any
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Integrity Commission Act 2009
Act No. of
Part 6 Investigations s. 47
record, information, material or thing in
the custody or possession or under the
control of a person.
(2) The investigator may require or direct that
(a) the information, explanation or answers
to questions be given orally or in writing,
as the investigator requires; and
(b) the information, explanation or answers
to questions be verified or the person
give an oath or affirmation that the
information or evidence the person has
given is true.
(3) The investigator may administer an oath or
affirmation for the purposes of this Act.
(4) If a person required or directed to give evidence
to an investigator is
(a) a prisoner or detainee under the
Corrections Act 1997 or the Youth
Justice Act 1997; or
(b) a patient detained in an approved hospital
under the Mental Health Act 1996; or
(c) a person who is subject to a restriction
under the Criminal Justice (Mental
Impairment) Act 1999
the notice requiring or directing the person to
provide any information or explanation
authorises and requires the Director of
Corrective Services, the Secretary within the
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meaning of the Youth Justice Act 1997, the
controlling authority of the approved hospital or
the responsible medical officer, within the
meaning of the Criminal Justice (Mental
Impairment) Act 1999, to allow the person to
provide that information or explanation to the
investigator in accordance with the notice.
(5) For the purpose of obtaining any record,
information, material or thing under
subsection (1), the investigator may
(a) inspect and take copies of or take extracts
from any such record, information,
material or thing; and
(b) require or direct any person to give such
assistance as may be required.
(6) Any record, information, material or thing
obtained by the investigator may be used for the
purposes of the investigation or any subsequent
inquiry under Part 7.
(7) Section 97 applies to a notice under
subsection (1) if the notice provides that it is a
confidential document.
48. Investigation to be conducted in private unless
otherwise authorised by chief executive officer
An investigation by an investigator is to be
conducted in private unless otherwise authorised
by the chief executive officer.
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49. Representation
A person required or directed to give evidence or
answer questions as part of an investigation may
be represented by a legal practitioner or other
agent.
50. Investigator's power to enter premises
For the purpose of conducting an investigation,
an investigator and any person assisting an
investigator may enter any premises of a public
authority without the need for consent or a
search warrant and may enter other premises at
any time with the consent of the occupier or
under the authority of a search warrant issued
under section 51.
51. Search warrants
(1) For the purpose of conducting an investigation,
an investigator may apply to a magistrate for a
warrant to enter premises.
(2) The magistrate may, on application made under
this section, issue a search warrant to an
investigator if the investigator satisfies the
magistrate that there are reasonable grounds to
suspect that material relevant to the investigation
is located at the premises.
(3) A search warrant authorises an investigator and
any person assisting an investigator
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(a) to enter the premises specified in the
warrant at the time or within the period
specified in the warrant; and
(b) to exercise the powers in section 52.
(4) The warrant must state
(a) that the investigator and any person
assisting the investigator may, with any
necessary force, enter the premises and
exercise the investigator's powers under
this Part; and
(b) the reason for which the warrant is
issued; and
(c) the hours when the premises may be
entered; and
(d) the date, within 28 days after the day of
the warrant's issue, of the warrant's
expiry.
(5) Section 97 applies to a warrant if the warrant
specifies that it is a confidential document.
(6) Except as provided in this section, the provisions
in respect of search warrants under the Search
Warrants Act 1997 extend and apply to warrants
issued under this section.
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52. Powers of investigator while on premises
(1) An investigator or any person assisting an
investigator who enters premises under this Part
may exercise any or all of the following powers:
(a) to search the premises and examine
anything on the premises;
(b) to search for any record, information,
material or thing relating to the matter to
which the investigation relates;
(c) to operate equipment or facilities on the
premises for a purpose relevant to the
investigation;
(d) to take possession of any record,
information, material or thing and retain
it for as long as may be necessary to
examine it to determine its evidentiary
value;
(e) to make copies of any record,
information, material or thing or any part
of any record, information, material or
thing;
(f) to seize and take away any record,
information, material or thing or any part
of any record, information, material or
thing;
(g) to use (free of charge) photocopying
equipment on the premises for the
purpose of copying any record,
information, material or thing;
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(h) in respect of any computer or other
equipment that the investigator suspects
on reasonable grounds may contain any
record, information, material or thing
(i) to inspect and gain access to the
computer or equipment; and
(ii) to download or otherwise obtain
any record, information, material
or thing; and
(iii) to make copies of any record,
information, material or thing
held in it; and
(iv) to seize and take away the
computer or equipment or any
part of it;
(i) if any record, information, material or
thing found on the premises cannot be
conveniently removed, to secure it
against interference;
(j) to require or direct any person who is on
the premises to do any of the following:
(i) to state his or her full name, date
of birth and address;
(ii) to answer (orally or in writing)
questions asked by the
investigator relevant to the
investigation;
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(iii) to produce any record,
information, material or thing;
(iv) to operate equipment or facilities
on the premises for a purpose
relevant to the investigation;
(v) to provide access (free of charge)
to photocopying equipment on
the premises the investigator
reasonably requires to enable the
copying of any record,
information, material or thing;
(vi) to give other assistance the
investigator reasonably requires
to conduct the investigation;
(k) to do anything else reasonably necessary
to obtain information or evidence for the
purposes of the investigation.
(2) Any record, information, material or thing
obtained by the investigator may be used for the
purposes of the investigation or any subsequent
inquiry under Part 7.
(3) If an investigator takes anything away from the
premises, the investigator must issue a receipt in
a form approved by the Board and
(a) if the occupier or a person apparently
responsible to the occupier is present,
give it to him or her; or
(b) otherwise, leave it on the premises in an
envelope addressed to the occupier.
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(4) An investigator and any assistants authorised to
enter premises under a search warrant may use
such force as is reasonably necessary for the
purpose of entering the premises and conducting
the search.
(5) A person required or directed to do anything
under subsection (1)(j) must not, without
reasonable excuse, fail to comply with the
requirement or direction.
Penalty: Fine not exceeding 2 000 penalty
units.
53. Application for use of surveillance device
An investigator with the approval of the chief
executive officer may apply for a warrant under
Part 2 of the Police Powers (Surveillance
Devices) Act 2006 as if the investigator were a
law enforcement officer within the meaning of
that Act and a reference in that Part to a relevant
offence were read as a reference to misconduct.
54. Offences relating to investigations
(1) A person who, without reasonable excuse, fails
to comply with a requirement or direction under
section 47 within 14 days of receiving it
commits an offence.
Penalty: Fine not exceeding 5 000 penalty
units.
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(2) A person must not use, cause, inflict or procure
any violence, punishment, damage, loss or
disadvantage to another person for or on account
of that other person having given evidence to an
investigator or produced or surrendered any
record, information, material or thing to an
investigator.
Penalty: Fine not exceeding 5 000 penalty units
or imprisonment for a term not
exceeding one year.
(3) A person must not obstruct or hinder an
investigator or any person assisting an
investigator in the performance of a function or
the exercise of a power under section 47.
Penalty: Fine not exceeding 2 000 penalty
units.
Division 2 Procedure after investigation
55. Investigator's report
(1) On completion of an investigation, the
investigator is to prepare a report of his or her
findings for the chief executive officer.
(2) The chief executive officer is to submit a report
of the investigation to the Board.
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56. Opportunity to provide comment on report
(1) Before finalising any report for submission to
the Board, the chief executive officer may, if he
or she considers it appropriate, give a draft of the
report to
(a) the principal officer of the relevant
public authority; and
(b) the public officer who is the subject of
the complaint; and
(c) any other person who in the chief
executive officer's opinion has a special
interest in the report.
(2) A notice may be attached to a draft of a report
specifying that the draft of the report is a
confidential document.
(3) A person referred to in subsection (1)(a), (b) or
(c) may give the chief executive officer written
submissions or comments in relation to the draft
of the report within such time and in such a
manner as the chief executive officer directs.
(4) The chief executive officer must include in his or
her report prepared under section 57 any
submissions or comments given to the chief
executive officer under subsection (3) or a fair
summary of those submissions or comments.
(5) Section 97 applies to a notice under
subsection (2) if the notice provides that the draft
of the report is a confidential document.
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57. Report of investigation
(1) The chief executive officer is to give to the
Board a report of the investigation that
includes
(a) the investigator's report; and
(b) submissions or comments given under
section 56; and
(c) a recommendation referred to in
subsection (2).
(2) The chief executive officer is to recommend
(a) that the complaint be dismissed; or
(b) that the complaint, the report of any
findings and any other information
obtained in the conduct of the
investigation be referred to
(i) the principal officer of the
relevant public authority for
action; or
(ii) an appropriate integrity entity for
action; or
(iii) an appropriate Parliamentary
integrity entity; or
(iv) the Commissioner of Police or
DPP for action; or
(v) the responsible Minister; or
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(vi) a person who the chief executive
officer considers appropriate for
action; or
(c) that the Board recommend to the Premier
that a commission of inquiry be
established under the Commissions of
Inquiry Act 1995 in relation to the
matter; or
(d) that an inquiry into the complaint be
conducted by an Integrity Tribunal.
58. Determination of Board
(1) On receipt of a report under section 57, the
Board may make a determination referred to in
subsection (2) in relation to the complaint that
was the subject matter of the investigation.
(2) The Board may
(a) dismiss the complaint; or
(b) refer the complaint and the report of the
investigation and any information
obtained in the conduct of the
investigation relating to the complaint
to
(i) the principal officer of the
relevant public authority for
action; or
(ii) an appropriate integrity entity for
action; or
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(iii) an appropriate Parliamentary
integrity entity; or
(iv) the Commissioner of Police or
DPP for action; or
(v) the responsible Minister; or
(vi) a person who the Board considers
appropriate; or
(c) recommend to the Premier that a
commission of inquiry be established
under the Commissions of Inquiry Act
1995 in relation to the matter; or
(d) require that a further investigation of the
complaint be conducted by the
investigator; or
(e) determine that an inquiry into the
complaint be undertaken by an Integrity
Tribunal under Part 7.
(3) In referring a matter to a person under
subsection (2)(b), the Board may make a
recommendation as to appropriate action that it
considers should be taken in relation to the
matter.
(4) A person to whom a complaint and report are
referred under subsection (2)(b) must notify the
Board of any action taken in relation to the
complaint within such time and in such manner
as the Board may require.
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59. Persons to whom notice of determination is to be
given
(1) The Board
(a) is to give written notice of its
determination to the principal officer of
the relevant public authority; or
(b) may, if it considers it appropriate, give
written notice of its determination to
(i) the public officer to whom the
complaint relates; or
(ii) any other person who, in the
opinion of the chief executive
officer, has a special interest in
the matter.
(2) Section 97 applies to a notice under
subsection (1) if the notice provides that it is a
confidential document.
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PART 7 INQUIRY BY INTEGRITY TRIBUNAL
Division 1 Integrity Tribunal
60. Power of Board to convene Integrity Tribunal
If the Board determines that an inquiry be
conducted, the Chief Commissioner is to
convene an Integrity Tribunal for the purpose of
conducting that inquiry.
61. Function of Integrity Tribunal
(1) The function of an Integrity Tribunal is to
conduct an inquiry into a complaint or a matter
referred to in section 45(1) and make findings
and determinations in respect of the complaint or
matter.
(2) In conducting an inquiry, the Integrity Tribunal
may
(a) hold hearings; and
(b) receive submissions or evidence; and
(c) inform itself in any matter it considers
appropriate; and
(d) exercise all or any of the powers
conferred on it by this Act.
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62. Constitution of Integrity Tribunal
(1) An Integrity Tribunal convened under section 60
is to consist of
(a) the Chief Commissioner sitting alone; or
(b) the Chief Commissioner and not more
than two members of the Board referred
to in section 14(1)(e), (f) or (g) and such
other persons (if any) appointed by the
Chief Commissioner who the Chief
Commissioner considers have the
requisite experience and expertise
relevant to the inquiry to be undertaken
by the Integrity Tribunal.
(2) Any person specified in subsection (1)(b), other
than a member of the Board, is to be appointed
by the Chief Commissioner on such terms and
conditions as are specified in his or her
instrument of appointment.
(3) If the Chief Commissioner considers that he or
she has a conflict of interest in being a member
of an Integrity Tribunal, the Chief Commissioner
is to nominate another member of the Board to
perform the functions or exercise the powers of
the Chief Commissioner in relation to the
Integrity Tribunal.
(4) Any other person proposed to be appointed to an
Integrity Tribunal who considers that he or she
has a conflict of interest in being a member of
the Integrity Tribunal is not to accept the
appointment.
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63. Persons appointed to assist Integrity Tribunal
(1) An Integrity Tribunal may appoint one or more
of the following persons to assist it in its inquiry:
(a) a legal practitioner;
(b) an expert in any field to provide technical
or specialist advice.
(2) An Integrity Tribunal may require an officer or
employee of the Integrity Commission or other
person authorised under section 21 to assist with
the conduct of an inquiry.
Division 2 Conduct of inquiry
64. Powers of Integrity Tribunal on inquiry
(1) In respect of an inquiry, an Integrity Tribunal
may do any or all of the following:
(a) require or direct any person, whose
evidence, in the opinion of the Integrity
Tribunal, appears to be material to the
inquiry, to appear before the Integrity
Tribunal;
(b) proceed to hold a hearing in the absence
of any person who has been duly
required or directed to appear;
(c) take evidence by affidavit or by statutory
declaration;
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(d) take evidence on oath or affirmation and,
for that purpose, administer oaths and
affirmations;
(e) require or direct any person to produce or
to authorise another person to produce
any records, information, material or
things in that person's possession or
subject to that person's control that, in
the opinion of the Integrity Tribunal,
appear to be material to the inquiry;
(f) require or direct a person to answer any
questions that, in the opinion of the
Integrity Tribunal, appear to be material
to the inquiry;
(g) adjourn the inquiry from place to place
and from time to time.
(2) An Integrity Tribunal at an inquiry may
(a) receive in evidence the transcript of
evidence in any proceeding before a
court, tribunal or other integrity entity
and draw any conclusion of fact from
that transcript; and
(b) receive any transcript of any proceedings
of either House of Parliament or a
Parliamentary Committee; and
(c) receive any transcript or minute of any
proceedings of a local authority; and
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(d) take into account any finding or decision
of a court, tribunal or other integrity
entity; and
(e) receive in evidence any investigation
report of an investigator; and
(f) receive in evidence any evidence taken
on oath or by affirmation during the
course of an investigation under Part 6.
(3) In respect of any inquiry, an Integrity Tribunal is
not bound to observe the rules of law governing
the admission of evidence but may inform itself
of any matter in such manner as it thinks fit.
65. Notice of complaint
(1) At the commencement of an inquiry by an
Integrity Tribunal the Integrity Tribunal must
give the public officer who is the subject of a
complaint written notice of the complaint
including
(a) the allegation of misconduct; and
(b) the substance of the evidence supporting
the allegation.
(2) Section 97 applies to a notice referred to in
subsection (1) if the notice specifies that it is a
confidential document.
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66. Right of representation
(1) A person appearing before an Integrity Tribunal
may, with its approval, be represented by a legal
practitioner or other agent.
(2) A legal practitioner or agent who represents any
person at a hearing of the Integrity Tribunal may
examine or cross-examine witnesses on behalf of
the person.
67. Right of appearance
(1) An Integrity Tribunal may allow any person or
any person's legal practitioner or agent to
participate in an inquiry, to the extent that the
Integrity Tribunal considers appropriate.
(2) In making a decision under subsection (1), an
Integrity Tribunal may have regard to
(a) any direct or special interest a person
may have in the matters relevant to an
inquiry; and
(b) the probability that an inquiry may make
a finding adverse to that person's
interests; and
(c) the ability of a person to assist an
inquiry.
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68. Directions conference
(1) Before an inquiry is held, an Integrity Tribunal
may conduct a directions conference in relation
to the inquiry.
(2) An Integrity Tribunal, by written notice, may
require or direct any person to
(a) attend a directions conference; and
(b) provide and produce any specified
record, information, material or thing at a
directions conference.
(3) A person, without reasonable excuse, must not
fail to comply with a requirement or direction
notified under subsection (2).
Penalty: Fine not exceeding 10 penalty units.
(4) A directions conference is to be held in private.
(5) An Integrity Tribunal may give any directions it
considers necessary to ensure that the inquiry is
conducted fairly and expeditiously.
(6) An Integrity Tribunal may adjourn a directions
conference from place to place and from time to
time.
69. Procedure of inquiry
Subject to this Act, an Integrity Tribunal
(a) may conduct an inquiry in any manner it
considers appropriate; and
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(b) must observe the rules of procedural
fairness; and
(c) is not required to hold a hearing for an
inquiry; and
(d) may obtain information from any persons
in any manner it considers appropriate;
and
(e) may make any inquiries it considers
appropriate; and
(f) may determine its own procedure in
conducting an inquiry.
70. Response to notice of complaint
A public officer who receives notice of a
complaint under section 65 may respond to that
complaint by doing any or all of the following:
(a) making oral or written submissions to the
Integrity Tribunal;
(b) giving evidence to the Integrity Tribunal
to contradict or explain the allegation or
evidence;
(c) cross-examining any person making any
statement regarding the complaint;
(d) calling witnesses on matters relevant to
the complaint or evidence;
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(e) producing any record, information,
material or thing.
71. Conduct of inquiry
(1) An Integrity Tribunal may, by notice served on a
person, require or direct that person to attend an
inquiry to do either or both of the following:
(a) give evidence;
(b) produce to the Integrity Tribunal, or a
person designated by the Integrity
Tribunal, any record, information,
material or thing in that person's
possession or control which the Integrity
Tribunal considers relevant to its inquiry.
(2) If the Integrity Tribunal considers it expedient to
do so because of the distance a person resides
from the place at which the Integrity Tribunal
would otherwise require or direct that person to
attend to give evidence, or because of any other
circumstance, the Integrity Tribunal may appoint
a person to take the evidence of that person and
provide that evidence to the Integrity Tribunal.
(3) The Integrity Tribunal may permit a person to
participate in an inquiry by
(a) telephone; or
(b) video conference; or
(c) any other means of communication
approved by the Integrity Tribunal.
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(4) If a person required or directed to give evidence
to an Integrity Tribunal is
(a) a prisoner or detainee under the
Corrections Act 1997 or the Youth
Justice Act 1997; or
(b) a patient detained in an approved hospital
under the Mental Health Act 1996; or
(c) a person who is subject to a restriction
under the Criminal Justice (Mental
Impairment) Act 1999
the notice requiring or directing the person to
provide any information or explanation
authorises and requires the Director of
Corrective Services, the Secretary within the
meaning of the Youth Justice Act 1997, the
controlling authority of the approved hospital or
the responsible medical officer, within the
meaning of the Criminal Justice (Mental
Impairment) Act 1999, to allow the person to
provide that information or explanation to the
Integrity Tribunal in accordance with the notice.
(5) An Integrity Tribunal may, by notice served on a
person, require or direct that person to do either
or both of the following:
(a) provide the Integrity Tribunal or an
inquiry officer with any information or
explanation either orally or in writing
that the Integrity Tribunal or inquiry
officer requires;
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(b) produce to the Integrity Tribunal or an
inquiry officer any record, information,
material or thing in the custody or
possession or under the control of that
person.
(6) Any record, information, material or thing
obtained by the inquiry officer may be used for
the purposes of the inquiry.
(7) For the purpose of obtaining any record,
information, material or thing under
subsection (1), the Integrity Tribunal may
(a) inspect and take copies of or take extracts
from that record, material or thing; and
(b) require or direct any person to give such
assistance as may be required.
(8) Section 97 applies to a notice under
subsection (1) if the notice provides that it is a
confidential document.
72. Power to enter premises
An inquiry officer, for the purposes of assisting
with the conduct of an inquiry, may enter any
premises of a public authority without the need
for consent or a search warrant and may enter
other premises at any time with the consent of
the occupier or under the authority of a search
warrant issued under section 73.
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73. Search warrants
(1) For the purpose of conducting an inquiry, an
inquiry officer, with the approval of the Chief
Commissioner, may apply to a magistrate for a
warrant to enter premises.
(2) The magistrate may, on application made under
this section, issue a search warrant to an inquiry
officer if the inquiry officer satisfies the
magistrate that there are reasonable grounds to
suspect that material relevant to the inquiry is
located at the premises.
(3) A search warrant authorises an inquiry officer
(a) to enter the premises specified in the
warrant at the time or within the period
specified in the warrant; and
(b) to exercise the powers under section 74.
(4) The warrant must state
(a) that the inquiry officer and any person
assisting the inquiry officer may, with
any necessary force, enter the premises
and exercise the inquiry officer's powers
under this Part; and
(b) the reason for which the warrant is
issued; and
(c) the hours when the premises may be
entered; and
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(d) the date, within 28 days after the day of
the warrant's issue, of the warrant's
expiry.
(5) Section 97 applies to a warrant if the warrant
specifies that it is a confidential document.
(6) Except as provided in this section, the provisions
in respect of search warrants under the Search
Warrants Act 1997 extend and apply to warrants
issued under this section.
74. Powers of inquiry officer while on premises
(1) An inquiry officer who enters premises under
this Part may exercise any or all of the following
powers:
(a) search the premises and examine
anything on the premises;
(b) search for any record, information,
material or thing relating to the matter to
which the inquiry relates;
(c) operate equipment or facilities on the
premises for a purpose relevant to the
inquiry;
(d) take possession of any record,
information, material or thing and retain
it for as long as may be necessary to
examine it to determine its evidentiary
value;
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(e) make copies of any record, information,
material or thing or any part of any
record, information, material or thing;
(f) seize and take away any record,
information, material or thing or any part
of any record, information, material or
thing;
(g) use (free of charge) photocopying
equipment on the premises for the
purpose of copying any record,
information, material or thing;
(h) in respect of any computer or other
equipment that the investigator suspects
on reasonable grounds may contain any
record, information, material or thing
(i) inspect and gain access to the
computer or equipment; and
(ii) download or otherwise obtain any
record, information, material or
thing; and
(iii) make copies of any record,
information, material or thing
held in it; and
(iv) seize and take away the computer
or equipment or any part of it;
(i) if any record, information, material or
thing found on the premises cannot be
conveniently removed, secure it against
interference;
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(j) require or direct any person who is on the
premises to do any or all of the
following:
(i) to state his or her full name, date
of birth and address;
(ii) to answer (orally or in writing)
questions asked by the inquiry
officer relevant to the inquiry;
(iii) to produce any record,
information, material or thing;
(iv) to operate equipment or facilities
on the premises for a purpose
relevant to the inquiry;
(v) to provide access (free of charge)
to photocopying equipment on
the premises the inquiry officer
reasonably requires to enable the
copying of any record,
information, material or thing;
(vi) to give other assistance the
inquiry officer reasonably
requires to conduct the inquiry;
(k) do anything else reasonably necessary to
obtain information or evidence for the
purposes of the inquiry.
(2) Any record, information, material or thing
obtained by the inquiry officer may be used for
the purposes of the inquiry.
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(3) If an inquiry officer takes anything away from
the premises, the inquiry officer must issue a
receipt in a form approved by the Integrity
Commission and
(a) if the occupier or a person apparently
responsible to the occupier is present,
give it to him or her; or
(b) otherwise, leave it on the premises in an
envelope addressed to the occupier.
(4) An inquiry officer and any assistants authorised
to enter premises under a search warrant may use
such force as is reasonably necessary for the
purpose of entering the premises and conducting
the search.
(5) A person required or directed to do anything
under subsection (1)(j) must not, without
reasonable excuse, fail to comply with the
request.
Penalty: Fine not exceeding 2 000 penalty
units.
75. Application for use of surveillance device
An inquiry officer, with the approval of the
Chief Commissioner or other person nominated
under section 62(3), may apply for a warrant
under Part 2 of the Police Powers (Surveillance
Devices) Act 2006 as if the inquiry officer were a
law enforcement officer within the meaning of
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that Act and a reference in that Part to a relevant
offence were read as a reference to misconduct.
76. Hearings of Integrity Tribunal
If an Integrity Tribunal holds a hearing,
Schedule 6 applies to the conduct of that
hearing.
77. Presiding at hearings
(1) The Chief Commissioner or the member
nominated under section 62(3) is to preside at all
hearings of an Integrity Tribunal at which he or
she is present.
(2) If the Chief Commissioner or the member
nominated under section 62(3) is not present at a
hearing of an Integrity Tribunal, a member of the
Integrity Tribunal specified by the Chief
Commissioner or the person nominated under
section 62(3) is to preside at the hearing.
Division 3 Procedure after inquiry
78. Determination of Integrity Tribunal
(1) At the conclusion of an inquiry, an Integrity
Tribunal may make a determination in relation to
the complaint or matter that was the subject of
the inquiry.
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(2) An Integrity Tribunal may do any one or more of
the following:
(a) dismiss the complaint;
(b) make a finding that misconduct or
serious misconduct has occurred;
(c) recommend to the Premier that a
commission of inquiry be established
under the Commissions of Inquiry Act
1995 in relation to the matter;
(d) make such report as it considers
appropriate in relation to the matter.
(3) If the Integrity Tribunal makes a determination
under subsection (2)(b), it may refer the
determination and any material that it considers
relevant to
(a) the principal officer of the relevant
public authority for action; or
(b) an appropriate integrity entity for action;
or
(c) an appropriate Parliamentary integrity
entity; or
(d) the Commissioner of Police or DPP for
action; or
(e) the responsible Minister for action; or
(f) a person who the Tribunal considers is
appropriate for action.
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(4) In referring a matter to a person or body under
subsection (3), an Integrity Tribunal may make a
recommendation as to appropriate sanctions that
should be imposed or action that should be taken
in relation to the matter.
(5) The Integrity Tribunal may require the person
referred to in subsection (3) to report on any
action taken in relation to the determination
referred to in this section.
(6) An Integrity Tribunal must serve notice of its
determination under subsection (2)(b) on the
principal officer of the relevant public authority
and, if the Integrity Tribunal considers it
appropriate, may serve notice of its
determination on
(a) the person who is the subject of the
complaint; and
(b) the responsible Minister.
(7) Section 97 applies to a notice referred to in
subsection (6) if the notice specifies that it is a
confidential document.
(8) The Integrity Tribunal may publish, in such
manner as it thinks fit, its determination.
79. Review of determination
A determination of the Integrity Tribunal under
section 78 is a reviewable matter under the
Judicial Review Act 2000.
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Division 4 Offences
80. Offences relating to Integrity Tribunal
(1) A person must not intentionally prevent or
intentionally try to prevent a person who is
required by an Integrity Tribunal to appear
before it from attending as a witness or
producing any record, information, material or
thing to the Integrity Tribunal.
Penalty: Fine not exceeding 5 000 penalty units
or imprisonment for a term not
exceeding one year.
(2) A person must not use, cause, inflict or procure
any violence, punishment, damage, loss or
disadvantage in relation to another person for or
on account of
(a) that other person having given evidence
before an Integrity Tribunal or produced
or surrendered any record, information,
material or thing to an Integrity Tribunal;
or
(b) any evidence given by that other person
before an Integrity Tribunal or any
record, information, material or thing
produced or surrendered by that other
person to an Integrity Tribunal.
Penalty: Fine not exceeding 5 000 penalty units
or imprisonment for a term not
exceeding one year.
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(3) If an Integrity Tribunal is holding a hearing, a
person must not
(a) insult a member of the Integrity Tribunal
in relation to the performance of his or
her functions as a member; or
(b) interrupt proceedings of the Integrity
Tribunal; or
(c) create a disturbance, or take part in
creating or continuing a disturbance, in
or near a place where the Integrity
Tribunal is sitting; or
(d) do anything that would, if the Integrity
Tribunal were a court of record,
constitute a contempt of that court.
Penalty: Fine not exceeding 2 000 penalty
units.
(4) A person must not obstruct or improperly
influence the conduct of an inquiry of the
Integrity Tribunal or attempt to do so.
Penalty: Fine not exceeding 2 000 penalty
units.
(5) A person who fails without reasonable excuse
to
(a) attend an inquiry of the Integrity
Tribunal as required by the Integrity
Tribunal; or
(b) take an oath or make an affirmation at an
inquiry of the Integrity Tribunal; or
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(c) produce or authorise another person to
produce any record, information,
material or thing when required by the
Integrity Tribunal to do so; or
(d) answer any question when required by
the Integrity Tribunal to do so; or
(e) assist in the course of an inquiry of the
Integrity Tribunal
is guilty of an offence.
Penalty: Fine not exceeding 5 000 penalty
units.
81. Offences against inquiry officers
(1) A person who, without reasonable excuse, fails
to comply with a requirement or direction of an
inquiry officer within 14 days of receiving it
commits an offence.
Penalty: Fine not exceeding 5 000 penalty
units.
(2) A person must not use, cause, inflict or procure
any violence, punishment, damage, loss or
disadvantage in relation to another person for or
on account of that other person having given
evidence to an inquiry officer or produced or
surrendered any record, information, material or
thing to an inquiry officer.
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Penalty: Fine not exceeding 5 000 penalty units
or imprisonment for a term not
exceeding one year.
(3) A person must not obstruct or hinder an inquiry
officer or any person assisting an inquiry officer
in the performance of a function or the exercise
of a power under section 74.
Penalty: Fine not exceeding 5 000 penalty
units.
Division 5 Costs and expenses
82. Interpretation
In this Division
"witness" means a person who
(a) is required to appear before an
Integrity Tribunal; or
(b) is requested by an Integrity
Tribunal to attend at a place to be
interviewed.
83. Legal costs of witnesses
(1) A witness may apply to the chief executive
officer for financial assistance in relation to the
witness's legal costs.
(2) In determining whether to approve the payment
of financial assistance to a witness, the chief
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executive officer may have regard to the
following matters:
(a) whether the witness has shown that he or
she had a valid reason to seek legal
representation;
(b) the significance of the evidence that the
witness is to give or appears likely to
give;
(c) whether in all the circumstances, it
would be a hardship or injustice for the
witness to bear the costs;
(d) the nature and possible effect of any
findings made about the witness;
(e) any other relevant matter.
(3) If legal costs of the witness are approved to be
paid under subsection (1), the costs are to be
taxed by a taxing officer of the Supreme Court.
(4) If the chief executive officer approves the
payment of financial assistance to a witness, the
chief executive officer may authorise the
payment of the financial assistance.
(5) The financial assistance may be provided
unconditionally or subject to conditions
determined by the chief executive officer.
(6) The chief executive officer may delegate any of
his or her functions under this section.
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84. Allowances to witnesses
(1) A witness is entitled to receive such of the
following as are applicable to that person:
(a) an allowance for meals;
(b) an allowance for travelling;
(c) an allowance for accommodation;
(d) any other allowance that the Integrity
Tribunal considers reasonable.
(2) A person who appears before an Integrity
Tribunal otherwise than as a witness to an
inquiry may apply in writing to the chief
executive officer for such of the following as are
applicable to that person:
(a) an allowance for meals;
(b) an allowance for travelling;
(c) an allowance for accommodation;
(d) any other allowance that the chief
executive officer considers reasonable.
(3) On an application under subsection (2), the chief
executive officer in his or her discretion may,
having regard to such matters as he or she
considers relevant, approve that the applicant be
paid such allowances as the chief executive
officer specifies.
(4) An allowance under this section is payable on
the same terms and at the same rate as is
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prescribed from time to time for the equivalent
allowance in the Tasmanian State Service Award
made under the Industrial Relations Act 1984.
85. Compensation to witnesses for loss of income
(1) A person who appears as a witness at an
Integrity Tribunal may apply in writing to the
chief executive officer for compensation for loss
of income.
(2) On an application under subsection (1), the chief
executive officer in his or her discretion may,
having regard to such matters as he or she
considers relevant, approve that the applicant be
paid compensation for loss of income.
86. Costs and expenses of inquiry, &c.
The following are a charge on the Consolidated
Fund and are payable out of the Consolidated
Fund without further appropriation than this
section:
(a) the costs and expenses incurred in, or in
connection with, the conduct of an
inquiry under this Act;
(b) the amount of any legal costs approved to
be paid under section 83(1) that have
been taxed under section 83(3);
(c) the amount of any allowance that a
person is entitled to receive or approved
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to be paid under section 84;
(d) the amount of any compensation that a
person is entitled to receive or is
approved to be paid under section 85.
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PART 8 MISCONDUCT BY CERTAIN PUBLIC
OFFICERS
Division 1 Misconduct by designated public officers
87. Investigation or dealing with misconduct by
designated public officers
(1) The Integrity Commission is to assess,
investigate, inquire into or otherwise deal with,
in accordance with this Act, complaints relating
to misconduct by
(a) a designated public officer; or
(b) a commissioned police officer; or
(c) the holder of a senior executive office.
(2) In assessing, investigating, inquiring into or
otherwise dealing with a complaint under
subsection (1), the Integrity Commission may
have regard to
(a) established procedures or procedures of
the relevant public authority; and
(b) any codes of conduct relevant to the
designated public officer who is the
subject of the complaint; and
(c) any statutory obligations or relevant law
relating to that designated public officer.
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Division 2 Police misconduct
88. Integrity Commission's role in relation to police
misconduct
(1) The Integrity Commission is to, having regard to
the principles stated in section 9
(a) assess, investigate, inquire into or
otherwise deal with complaints relating
to serious misconduct by a
commissioned police officer in
accordance with Parts 6 and 7; or
(b) provide advice in relation to the conduct
of investigations by the Commissioner of
Police into police misconduct; or
(c) audit the way the Commissioner of
Police has dealt with police misconduct,
in relation to either a particular complaint
or a class of complaint; or
(d) assume responsibility for and complete
in accordance with Parts 6 and 7 an
investigation commenced by the
Commissioner of Police into misconduct
by a police officer.
(2) If requested by the Integrity Commission, the
Commissioner of Police is to give the Integrity
Commission reasonable assistance
(a) to undertake a review or audit; or
(b) to assume responsibility for an
investigation.
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(3) If the Integrity Commission assumes
responsibility for an investigation, the
Commissioner of Police must stop his or her
investigation or any other action that may
impede the investigation if directed to do so by
the Integrity Commission.
89. Own motion investigations
(1) The Integrity Commission may conduct an
investigation on its own motion in respect of any
matter that is relevant to police misconduct,
including but not limited to
(a) an investigation into the conduct of a
commissioned police officer; or
(b) an investigation into police misconduct
generally; or
(c) an investigation into any of the policies,
practices or procedures of Tasmania
Police in relation to misconduct.
(2) For the purposes of subsection (1), the Integrity
Commission may conduct an investigation
(a) whether or not any particular police
officer or other person may have
committed misconduct; or
(b) whether or not any person under
investigation who was a police officer at
any relevant time is still a police officer
at the time of the investigation.
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(3) The Integrity Commission may give written
notice of an investigation on its own motion to
the Commissioner of Police.
(4) Section 97 applies to a notice under
subsection (3) if the notice provides that it is a
confidential document.
90. Consultation with Commissioner of Police
If, at any time during the course of an
investigation into police misconduct, it appears
to the Integrity Commission that there may be
grounds for making a report adverse to Tasmania
Police, the Integrity Commission may, before
making the report, give the Commissioner of
Police the opportunity to comment on the report.
91. Commissioner of Police to respond to Integrity
Commission
(1) If the Integrity Commission requests the
Commissioner of Police to take any action, or to
conduct a further investigation, the
Commissioner of Police must give a written
response to the Integrity Commission stating
(a) whether or not the Commissioner of
Police proposes to take the action or
conduct the further investigation; and
(b) if the Commissioner of Police proposes
not to take the action or not to conduct
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the further investigation, the reasons for
that decision.
(2) Following the completion of any investigation
under subsection (1), the Commissioner of
Police is to report the outcome of that
investigation to the Integrity Commission.
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PART 9 MISCELLANEOUS
92. Claims of privilege
(1) This section applies if a person claims privilege
in respect of
(a) any requirement or direction of an
assessor exercising the powers of an
investigator under Part 6; and
(b) any requirement or direction given to a
person by an investigator or the chief
executive officer under Part 6; and
(c) any requirement or direction given to a
person by the Integrity Tribunal or an
inquiry officer under Part 7
to provide information or explanation, answer
any question or produce any record, information,
material or thing.
(2) A person may, during an assessment of a
complaint under section 35, an investigation
under Part 6 or an inquiry under Part 7, claim
privilege and refuse to
(a) answer any question or provide any
information or explanation; or
(b) produce any record, material or thing.
(3) If a claim of privilege is made under
subsection (2), the assessor, investigator, chief
executive officer, inquiry officer or Integrity
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Tribunal may withdraw the requirement or
direction to
(a) answer any question or provide any
information or explanation; or
(b) produce any record, material or thing.
(4) If the requirement or direction to
(a) answer any question or provide any
information or explanation; or
(b) produce any record, material or thing
is not withdrawn, the assessor, investigator, chief
executive officer, inquiry officer or Integrity
Tribunal must issue a notice to comply with the
requirement or direction.
(5) A person must comply with the requirement or
direction under subsection (4) or make
application to the Supreme Court, within 14 days
of being given notice to comply, for the Court to
determine the claim of privilege.
(6) A person who makes application to the Supreme
Court under subsection (5) must give notice of
the application to the Integrity Commission and
the Integrity Commission is taken to be a party
to the application.
(7) The Supreme Court may determine that the
answer, information or material is
(a) privileged; or
(b) not privileged; or
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(c) partly privileged.
(8) The assessor, investigator, chief executive
officer, inquiry officer or Integrity Tribunal must
give effect to any determination or order or other
direction made by the Supreme Court.
(9) The Supreme Court may make Rules of Court
relating to applications under subsection (5).
(10) If a person who is subject to a notice to comply
does not apply under subsection (5), the person
is not entitled to claim privilege as a reasonable
excuse in respect of
(a) any requirement or direction of an
assessor exercising the powers of an
investigator under Part 6; and
(b) any requirement or direction given to a
person by an investigator or the chief
executive officer under Part 6; and
(c) any requirement or direction given to a
person by the Integrity Tribunal or an
inquiry officer under Part 7
to provide information or explanation, answer
any question or produce any record, information,
material or thing.
(11) If the Supreme Court does not determine that a
claim of privilege exists and the person who is
subject to the notice to comply does not comply
with the notice, that person is not entitled to
claim privilege as a reasonable excuse for not
complying with the requirement or direction of
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an assessor, investigator, chief executive officer,
inquiry officer or Integrity Tribunal.
(12) Nothing in this section prevents a person entitled
to claim privilege from waiving its application to
any record, information, material or thing and a
waiver once made cannot later be revoked.
93. Information confidential
(1) This section applies to a person who is or has
been
(a) a member of the Board; or
(b) an officer or employee of the Integrity
Commission; or
(c) a person authorised or appointed under
section 21 to undertake work on behalf
of the Integrity Commission; or
(d) an assessor or investigator; or
(e) a member of the Joint Committee; or
(f) a member of an Integrity Tribunal; or
(g) an inquiry officer or other person
appointed to assist an Integrity Tribunal.
(2) A person to whom this subsection applies must
preserve confidentiality in respect of all matters
that come to the person's knowledge in the
course of employment or duties under this Act
and must not disclose, without authorisation
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from the Board or chief executive officer or
Integrity Tribunal, any information as to matters
of that kind to any person, except
(a) as may be required in connection with
the administration or operation of this
Act; or
(b) as may be required in connection with
any proceedings under this Act, any
other written law or the Criminal Code;
or
(c) as authorised by the Board, chief
executive officer or Integrity Tribunal; or
(d) to any other prescribed person.
Penalty: Fine not exceeding 5 000 penalty
units.
94. Protection from personal liability
(1) No civil or criminal proceedings lie in respect of
any action done, or omission made, in good faith
in the exercise or intended exercise of, any
powers or functions under this Act by the
following persons:
(a) the Board;
(b) any members of the Board;
(c) an Integrity Tribunal;
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(d) any persons appointed to assist the
Integrity Tribunal;
(e) legal representatives of any witness at an
inquiry;
(f) the chief executive officer;
(g) an assessor, investigator or inquiry
officer;
(h) officers and employees of the Integrity
Commission;
(i) any persons authorised or appointed
under section 21 to undertake work on
behalf of the Integrity Commission.
(2) No civil proceedings lie against a person for
loss, damage or inquiry of any kind suffered by
another person by the providing of any
information or the making of any statement in
good faith to any of the following persons:
(a) the Board;
(b) any members of the Board;
(c) an Integrity Tribunal;
(d) any persons appointed to assist the
Integrity Tribunal;
(e) legal representatives of any witness at an
inquiry;
(f) the chief executive officer;
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(g) an assessor, investigator or inquiry
officer;
(h) officers and employees of the Integrity
Commission;
(i) any persons authorised or appointed
under section 21 to undertake work on
behalf of the Integrity Commission.
95. False or misleading statements
A person, in making a complaint, giving any
information or advice or producing any record
under this Act, must not
(a) make a statement knowing it to be false
or misleading; or
(b) omit any matter from a statement
knowing that without that matter the
statement is false or misleading.
Penalty: Fine not exceeding 5 000 penalty units
or imprisonment for a term not
exceeding one year.
96. Destruction or alteration of records or things
A person must not knowingly destroy, dispose of
or alter any record or thing required to be
produced under this Act for the purpose of
misleading any investigation or inquiry.
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Penalty: Fine not exceeding 5 000 penalty units
or imprisonment for a term not
exceeding one year.
97. Certain notices to be confidential documents
(1) A person must not disclose the existence of a
notice that is a confidential document to another
person unless the person on whom the notice
was served has a reasonable excuse.
Penalty: Fine not exceeding 2 000 penalty
units.
(2) It is a reasonable excuse for a person to disclose
the existence of a notice that is a confidential
document if
(a) the disclosure is made for the purpose
of
(i) seeking legal advice in relation to
the notice or an offence against
subsection (1); or
(ii) obtaining information in order to
comply with the notice; or
(iii) the administration of this Act;
and
(b) the person informs the person to whom
the disclosure is made that it is an
offence to disclose the existence of the
notice to another person unless the first-
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mentioned person has a reasonable
excuse.
98. Injunctions
(1) The Supreme Court may, on application made by
the Integrity Commission, grant an injunction
restraining any conduct in which a person
(whether or not a public authority or public
officer) is engaging or in which such a person
appears likely to engage, if the conduct is the
subject of, or affects the subject of
(a) an investigation or proposed
investigation by an investigator; or
(b) an inquiry or proposed inquiry by an
Integrity Tribunal.
(2) The conduct referred to in subsection (1) does
not include conduct relating to a proceeding of
Parliament.
99. Right to Information Act does not apply
The Right to Information Act 2009 does not
apply to information, as defined in that Act, in
the possession of the Integrity Commission if the
information relates to a complaint, the register of
complaints, an assessment, investigation or
inquiry including reports, notices and
recommendations made under this Act and any
action taken in relation to a complaint.
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100. Personal information may be disclosed to Integrity
Commission
A personal information custodian, within the
meaning of the Personal Information Protection
Act 2004, is authorised to disclose personal
information, within the meaning of that Act, to
the Integrity Commission for the purpose of and
in accordance with this Act.
101. Non-application of Act to certain allegations, &c.
This Act does not apply to a code of conduct
allegation that was made, or to an investigation
relating to such an allegation that was
commenced but not finally disposed of, before
the commencement of this section.
102. Amendment of Schedule 1
(1) The Governor may, by order, amend Column 1
of Schedule 1
(a) by omitting the name of any public
authority; or
(b) by inserting the name of any public
authority; or
(c) where the name of a public authority is
changed, by omitting the name of that
public authority and substituting its new
name.
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(2) The Governor may, by order, amend Column 2
of Schedule 1 by inserting, opposite the name of
a public authority, the title or other description
of a principal officer or by omitting or amending
that title or other description.
(3) The Governor may, by order, omit Schedule 1
and substitute a Schedule containing in Column
1 the names of public authorities and containing
in Column 2 the titles or other descriptions of
principal officers.
103. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied, approved
or regulated by any person specified in the
regulations.
104. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
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(a) the administration of this Act is assigned
to the Minister for Justice; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
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Part 10 Acts Interpretation Act 1931 Amended s. 105
PART 10 ACTS INTERPRETATION ACT 1931
AMENDED
105. Principal Act
In this Part, the Acts Interpretation Act 1931* is
referred to as the Principal Act.
106. Section 46 amended (Definitions of certain common
phrases)
Section 46 of the Principal Act is amended by
inserting after the definition of "instigate" the
following definition:
"Integrity Commission" means the Integrity
Commission established under the
Integrity Commission Act 2009;
*No. 59 of 1931
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PART 11 AUDIT ACT 2008 AMENDED
107. Principal Act
In this Part, the Audit Act 2008* is referred to as
the Principal Act.
108. Section 4 amended (Interpretation)
Section 4(1) of the Principal Act is amended by
inserting after the definition of "independent
auditor" the following definition:
"Joint Committee" has the same meaning as
in the Integrity Commission Act 2009;
109. Section 23 amended (Examinations and
investigations)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting "The" and substituting "(1)
The";
(b) by inserting after paragraph (b) the
following paragraph:
(ba) investigating any matter referred
to the Auditor-General by the
Integrity Commission;
*No. 49 of 2008
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(c) by inserting the following subsections:
(2) Any examination or investigation
carried out by the Auditor-
General under subsection (1) is to
be carried out in accordance with
the powers of this Act.
(3) Any investigation into a matter
referred under subsection (1)(ba)
must be reported to the Integrity
Commission.
110. Section 30 amended (Report on examination or
investigation)
Section 30(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b)
"Committee." and substituting
"Committee; or";
(b) by inserting the following paragraph after
paragraph (b):
(c) the Joint Committee.
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s. 111 Part 12 Commissions of Inquiry Act 1995 Amended
PART 12 COMMISSIONS OF INQUIRY ACT 1995
AMENDED
111. Principal Act
In this Part, the Commissions of Inquiry Act
1995* is referred to as the Principal Act.
112. Section 22 amended (Notices to witnesses)
Section 22 of the Principal Act is amended by
omitting subsection (5) and substituting the
following subsection:
(5) If a person required or directed to give
evidence to a Commission is
(a) a prisoner or detainee under the
Corrections Act 1997 or the
Youth Justice Act 1997; or
(b) a patient detained in an approved
hospital under the Mental Health
Act 1996; or
(c) a person who is subject to a
restriction under the Criminal
Justice (Mental Impairment) Act
1999
the notice requiring or directing the
person to provide any information or
explanation authorises and requires the
*No. 70 of 1995
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Director of Corrective Services, the
Secretary within the meaning of the
Youth Justice Act 1997, the controlling
authority of the approved hospital or the
responsible medical officer, within the
meaning of the Criminal Justice (Mental
Impairment) Act 1999, to allow the
person to provide that information or
explanation to the Commission in
accordance with the notice.
113. Section 24A inserted
After section 24 of the Principal Act, the
following section is inserted in Division 3:
24A. Application for use of surveillance device
A Commission may apply for a warrant
under Part 2 of the Police Powers
(Surveillance Devices) Act 2006 as if the
Commission were a law enforcement
officer within the meaning of that Act
and a reference in that section to a
relevant offence were read as a reference
to the matter of the inquiry being
undertaken by the Commission.
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s. 114 Part 13 Judicial Review Act 2000 Amended
PART 13 JUDICIAL REVIEW ACT 2000 AMENDED
114. Principal Act
In this Part, the Judicial Review Act 2000* is
referred to as the Principal Act.
115. Schedule 1 amended (Decisions to which Act does
not apply)
Schedule 1 to the Principal Act is amended by
inserting after item 4 the following items:
4A. A report of an assessor under section 37
of the Integrity Commission Act 2009
recommending that a complaint be
dismissed under section 36 of that Act.
4B. A decision made by the chief executive
officer of the Integrity Commission in
relation to a determination to dismiss a
complaint under section 38 of the
Integrity Commission Act 2009.
*No. 54 of 2000
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Part 14 Ombudsman Act 1978 Amended s. 116
PART 14 OMBUDSMAN ACT 1978 AMENDED
116. Principal Act
In this Part, the Ombudsman Act 1978* is
referred to as the Principal Act.
117. Section 12 amended (Matters subject to
investigation)
Section 12(1) of the Principal Act is amended by
inserting "or any matter that the Ombudsman has
power to deal with under this Act that is referred
to the Ombudsman by the Integrity
Commission" after "authority".
118. Section 16A inserted
After section 16 of the Principal Act, the
following section is inserted in Division 2:
16A. Investigation on reference by Integrity
Commission
(1) The chief executive officer of the
Integrity Commission, the Board of the
Integrity Commission or an Integrity
Tribunal, within the meaning of the
Integrity Commission Act 2009, may
refer to the Ombudsman any matter
within the jurisdiction of the
*No. 82 of 1978
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s. 118 Part 14 Ombudsman Act 1978 Amended
Ombudsman for investigation and report
under the provisions of this Act.
(2) As soon as practicable after any matter is
referred to the Ombudsman under
subsection (1), the Ombudsman is to
carry out the investigation and report
(a) to the chief executive officer of
the Integrity Commission in such
manner as the chief executive
officer requires; or
(b) to the Board of the Integrity
Commission in such manner as
the Board requires; or
(c) to an Integrity Tribunal in such
manner as the Integrity Tribunal
requires.
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Part 15 Personal Information Protection Act 2004 Amended s. 119
PART 15 PERSONAL INFORMATION PROTECTION
ACT 2004 AMENDED
119. Principal Act
In this Part, the Personal Information Protection
Act 2004* is referred to as the Principal Act.
120. Section 7 amended (Courts and tribunals)
Section 7 of the Principal Act is amended by
inserting after paragraph (g) the following
paragraph:
(ga) the Integrity Commission;
*No. 46 of 2004
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s. 121 Part 16 State Service Act 2000 Amended
PART 16 STATE SERVICE ACT 2000 AMENDED
121. Principal Act
In this Part, the State Service Act 2000* is
referred to as the Principal Act.
122. Section 18 amended (Functions of Commissioner)
Section 18(1) of the Principal Act is amended by
omitting paragraph (f).
123. Section 24 amended (Relationship with
Ombudsman and other persons)
Section 24 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "Integrity
Commission," after "Ombudsman,";
(b) by inserting in subsection (2) "Integrity
Commission," after "Ombudsman,".
124. Schedule 1 amended (Agencies)
Schedule 1 to the Principal Act is amended by
inserting after
*No. 85 of 2000
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Agency Head of Agency
in Part 2 the following item:
Integrity Commission Chief executive officer
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SCHEDULE 1 PRINCIPAL OFFICERS
PART 1 ENTITIES
Section 4
Public authority Principal officer
1. State Service Agency Head of Agency
2. Police Service Commissioner of Police
3. Local authority General Manager of a council or
other principal officer of the local
authority
4. Council-owned company Chief executive officer of that
council-owned company
5. Government Business Enterprise Chief executive officer of that
Government Business Enterprise
6. State-owned company Chief executive officer of that State-
owned company
7. Public authority specified in President, chairperson or other
section 5(1)(j), (g), (i) and (n) principal or presiding member of the
public authority or, if the public
authority comprises a single person,
that person
PART 2 PERSONS
Public authority Principal officer
1. Person performing functions or Clerk of the House of Assembly
exercising powers under the
Parliamentary Privilege Act
1898 in the House of Assembly
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Public authority Principal officer
2. Person performing functions or Clerk of the Legislative Council
exercising powers under the
Parliamentary Privilege Act
1898 in the Legislative Council
3. Person performing functions or Clerk of a House of Parliament
exercising powers under the
Parliamentary Privilege Act
1898 for the Legislature-General
4. Person employed in an office of Minister, Parliamentary Secretary or
a Minister, Parliamentary other Member of Parliament
Secretary or other Member of responsible for the office
Parliament, whether in
accordance with State Service
Act 2000, Parliamentary
Privilege Act 1898 or otherwise
5. Principal officer of a local Minister administering the Local
authority that is not a council Government Act 1993
6. Persons performing functions Official Secretary
and exercising powers under the
Governor of Tasmania Act 1982
7. General Manager of a council Mayor or Lord Mayor
8. Councillors of a council Mayor of the council
9. Clerk of the Legislative Council President of the Legislative Council
10. Clerk of the House of Assembly Speaker of the House of Assembly
11. Head of a State Service Agency Premier
12. Commissioner of Police Premier
13. Official Secretary Premier
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Public authority Principal officer
14. Mayor of a council Deputy Mayor
15. Chief executive officer of a Chairperson of the council-owned
council-owned company company
16. Chief executive officer of a Chairperson of the Board of the
Government Business Enterprise Government Business Enterprise
that is not a State Service
Agency
17. Chairperson of the Board of a Portfolio Minister within the
Government Business Enterprise meaning of the Government
Business Enterprises Act 1995
18. Chief executive officer of a Chairperson of the Board of the
State-owned company State-owned company
19. Chairperson of the Board of a Treasurer
State-owned company
20. A person appointed to an office The Minister responsible for the
by the Governor or a Minister administration of the Act
under an Act
21. Minister Premier
22. Parliamentary Secretary Premier
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SCHEDULE 2 MEMBERSHIP OF BOARD OF
INTEGRITY COMMISSION
Section 14(7)
1. Interpretation
In this Schedule
"member" means the Chief Commissioner
and a member of the Board appointed
under section 14(1)(e), (f) or (g).
2. Term of office
A member is appointed for such period, not
exceeding 5 years, as is specified in the
member's instrument of appointment and, if
eligible, may be reappointed.
3. Holding other office
The holder of an office who is required by the
terms of his or her employment to devote the
whole of his or her time to the functions of that
office is not disqualified from
(a) holding that office and also the office of
a member; or
(b) accepting any remuneration payable to a
member.
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4. State Service Act 2000
(1) The State Service Act 2000 does not apply in
relation to a member in his or her capacity as a
member.
(2) A person may hold the office of member in
conjunction with State Service employment.
5. Remuneration and conditions of appointment
(1) A member is entitled to be paid such
remuneration and allowances as are specified in
the member's instrument of appointment.
(2) A member who is a State Service officer or State
Service employee is not entitled to remuneration
or allowances under this clause except with the
approval of the Minister administering the State
Service Act 2000.
(3) A member holds office on such terms and
conditions in relation to matters not provided for
by this Act as are specified in the member's
instrument of appointment.
6. Leave of absence
The Governor may grant a member leave of
absence on such terms and conditions as the
Governor determines.
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7. Resignation
A member may resign office by written notice
given to the Governor.
8. Suspension or removal of member from office
(1) A member may, at any time, be removed from
office by the Governor by resolution of each
House of Parliament.
(2) The Governor may suspend a member from
office if the Governor is satisfied that the
member
(a) is incapable of properly performing the
functions of a member; or
(b) has shown himself or herself
incompetent to properly perform those
functions or has neglected to perform
those functions; or
(c) has been absent without leave granted
under clause 6 from 3 consecutive
meetings of the Integrity Commission; or
(d) is or has become bankrupt or has applied
to take the benefit of any law for the
relief of bankrupt or insolvent debtors,
compounded with the member's creditors
or made an assignment of the member's
remuneration or estate for their benefit;
or
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(e) has been convicted, in Tasmania or
elsewhere, of a crime or an offence
punishable by imprisonment for a term of
12 months or longer or a fine of 300
penalty units or more; or
(f) has contravened clause 8 of Schedule 3;
or
(g) has been guilty of misconduct.
(3) If a member has been suspended from office
under subclause (2), the member is to be restored
to office unless
(a) a statement of the grounds of the
member's suspension is laid before each
House of Parliament during the first 7
sitting-days of the House following the
suspension; and
(b) each House of Parliament, during the
session of the House in which the
statement is so laid, and within 30
sitting-days of the statement being so
laid, passes a resolution requesting the
removal of the member from office.
9. Acting members
(1) In the absence of a member, the Governor may
appoint a person to act in the place of the
member if that person is eligible for appointment
as a member.
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(2) Anything done by or in relation to a person
purporting to act under this section is not invalid
on the ground that
(a) the occasion for the person's
appointment had not arisen; or
(b) there is a defect or irregularity in
connection with the person's
appointment; or
(c) the person's appointment ceased to have
effect; or
(d) the occasion for the person to act had not
arisen or had ceased.
10. Validation of proceedings, &c.
(1) An act or proceeding of the Integrity
Commission or of a person acting under any
direction of the Integrity Commission is not
invalidated by reason only that at the time when
the act or proceeding was done, taken or
commenced there was a vacancy in the office of
a member.
(2) All acts and proceedings of the Integrity
Commission or of a person acting under a
direction of the Integrity Commission are,
despite the subsequent discovery of a defect in
the appointment of a member or that any other
person was disqualified from acting as, or
incapable of being, a member, as valid as if the
member had been duly appointed and was
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qualified to act as, or capable of being, a
member, and as if the Integrity Commission had
been fully constituted.
11. Presumptions
In any proceeding by or against the Integrity
Commission, unless evidence is given to the
contrary, proof is not required of
(a) the constitution of the Integrity
Commission; or
(b) the appointment of any member.
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SCHEDULE 3 MEETINGS OF BOARD OF
INTEGRITY COMMISSION
Section 14(8)
1. Interpretation
In this Schedule
"member" means a member of the Board.
2. Convening of meetings
The Chief Commissioner is to convene such
meetings of the Board as are necessary for the
efficient conduct of its functions.
3. Presiding at meetings
(1) The Chief Commissioner is to preside at all
meetings of the Board at which he or she is
present.
(2) If the Chief Commissioner is not present at a
meeting of the Board, another member is to
preside.
4. Quorum and voting at meetings
(1) Four members constitute a quorum at a meeting
of the Board.
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(2) A meeting of the Board at which a quorum is
present is competent to transact any business of
the Board.
(3) The person presiding at a meeting of the Board
has a deliberative vote and, in the event of an
equality of votes, also a casting vote.
5. Conduct of meetings
(1) Subject to this Act, the Board may regulate the
calling of, and the conduct of business at, its
meetings as it considers appropriate.
(2) The Board may permit members to participate in
a particular meeting or all meetings by
(a) telephone; or
(b) video conference; or
(c) any other means of communication
approved by the Board.
(3) A member who participates in a meeting under a
permission granted under subclause (2) is taken
to be present at the meeting.
(4) Without limiting subclause (1), the Board may
allow a person to attend a meeting for the
purpose of advising or informing it on any
matter.
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6. Resolutions without meetings
(1) If all members appointed sign a document
containing a statement that they are in favour of
a resolution in the terms set out in the document,
a resolution in those terms is taken to have been
passed at a meeting of the Board held on the day
on which the document is signed or, if the
members do not sign it on the same day, on the
day on which the last of the members signs the
document.
(2) If a resolution is taken to have been passed under
subclause (1), each member is to be
(a) advised immediately of the matter; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subclause (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one
or more members, is taken to constitute one
document.
7. Minutes
The Board is to keep accurate minutes of its
meetings.
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8. Disclosure of interests
(1) If a member has a direct or indirect interest in a
matter being considered, or about to be
considered, by the Board at a meeting of the
Board, the member must, as soon as practicable
after the relevant facts come to the member's
knowledge, disclose the nature of the interest to
the Integrity Commission.
(2) The disclosure is to be recorded in the minutes
of the Board and, unless the Board otherwise
determines, a member who has made a
disclosure under subclause (1) in relation to a
matter must not
(a) be present during any deliberation of the
Board in relation to the matter; or
(b) take part in any decision of the Board in
relation to the matter.
(3) For the purpose of the making of a determination
under subclause (2), the member to whom the
matter relates must not
(a) be present during any deliberation of the
Board for the purpose of making the
determination; or
(b) take part in making the determination.
(4) Subclause (1) does not apply in respect of an
interest that arises only because the member is
also a State Service officer or State Service
employee.
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(5) Subclause (1) does not apply in respect of an
interest that arises only because the member is
also the holder of an office specified in
section 14(1)(b), (c) or (d).
9. General procedure
(1) Except as provided by this Act, the Board may
regulate its own proceedings.
(2) The Board may inform itself on any matter in
such manner as it thinks fit.
10. Presumptions
In any proceeding by or against the Board,
unless evidence is given to the contrary, proof is
not required of
(a) any resolution of the Board; and
(b) the presence of a quorum at any meeting
of the Board.
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SCHEDULE 4 MEMBERSHIP OF JOINT STANDING
COMMITTEE ON INTEGRITY
Section 23(5)
1. Vacancies
(1) The office of a member of the Joint Committee
becomes vacant for any reason that would vacate
his or her seat as a member of the Legislative
Council or House of Assembly, as the case may
be.
(2) Where a vacancy occurs in the office of a
member of the Joint Committee, it is to be filled
by appointment as provided in section 23(4)
within the next 10 sitting-days of the House of
Parliament by which he or she was appointed as
a member of the Joint Committee.
(3) If a vacancy occurs when Parliament is not in
session, the Governor may appoint a Member of
the House of Parliament to temporarily fill the
vacancy until it is filled as provided in
section 23(4).
2. Proceedings of Joint Committee
There is to be a chairperson and vice-chairperson
of the Joint Committee, who is to be elected by
the members of the Joint Committee at the first
meeting of the Joint Committee or as soon after
the first meeting as is practicable.
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3. Secretary of Joint Committee
The President of the Legislative Council and the
Speaker of the House of Assembly jointly are to
appoint an officer of one of the Houses of
Parliament to be the secretary of the Joint
Committee.
4. Membership of Joint Committee not an office of
profit
The office of a member of the Joint Committee
is not an office of profit or emolument within the
meaning of the Constitution Act 1934 and the
acceptance and holding of such an office does
not
(a) render the holder of the office incapable
of sitting or voting as a member of either
House of Parliament; or
(b) make void the election of the holder of
the office as a member of either House of
Parliament.
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SCHEDULE 5 MEETINGS OF JOINT STANDING
COMMITTEE ON INTEGRITY
Section 23(6)
1. Proceedings of Joint Committee
(1) Any 3 members of the Joint Committee,
constitute a quorum of the Joint Committee, but
the quorum may not be made up of members
exclusively of one House of Parliament.
(2) The chairperson of the Joint Committee, or, in
the case of his or her absence or other inability to
act as chairperson, the vice-chairperson of the
Joint Committee, is to preside at all meetings of
the Joint Committee at which he or she is
present.
(3) At a meeting of the Joint Committee at which a
quorum is present, the members in attendance
may, in the absence of the chairperson of the
Joint Committee and vice-chairperson of the
Joint Committee, appoint one of their number
then present to be the temporary chairperson of
the Joint Committee, and the temporary
chairperson of the Joint Committee has, during
the absence of the chairperson of the Joint
Committee and vice-chairperson of the Joint
Committee, all the powers of the chairperson of
the Joint Committee.
(4) The Joint Committee is to cause minutes of its
proceedings to be kept.
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(5) The Joint Committee may sit and transact
business during any adjournment or recess, and
may sit at such times and in such places, and
conduct its proceedings in such manner, as it
thinks fit.
2. Voting at meeting of Joint Committee
(1) At meetings of the Joint Committee
(a) the chairperson of the Joint Committee
or, in his or her absence, the vice-
chairperson of the Joint Committee, has a
deliberative vote only; and
(b) when the votes on a question are equal,
the question passes in the negative.
(2) Where a division is called for on any question,
the names of the members voting are to be stated
in the minutes and in the report of the Joint
Committee.
(3) A question is decided by the majority of votes of
the members voting, where the vote is taken at a
meeting of which a majority of members
appointed by each House to serve on the Joint
Committee is present.
3. Evidence before Joint Committee
(1) The Joint Committee may summon witnesses to
appear before it to give evidence and to produce
documents, and for that purpose has all the
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power and authority of a Select Committee of
the House of Assembly.
(2) A witness who is summoned to appear, or who
appears, before the Joint Committee has the
same protection and privileges as a witness in an
action tried in the Supreme Court.
(3) Except where it considers that there is good and
sufficient reason to take evidence in private, all
evidence is to be taken by the Joint Committee
in public.
(4) In deciding to take evidence in private, the Joint
Committee may seek advice from the Board
about whether to take the evidence in private.
(5) Notwithstanding anything in subclause (3), the
Joint Committee, when requested so to do by a
witness, must take in private any evidence that,
in the opinion of the Joint Committee, relates to
a secret or confidential matter.
(6) Subject to subclause (7), the Joint Committee
may, in its discretion, disclose or publish, or
authorise the disclosure or publication of
evidence taken in private.
(7) If there is taken in private any evidence of a
witness that the Joint Committee considers
relates to a secret or confidential matter and the
witness requests that that evidence be not
published, the Joint Committee must not,
without the consent in writing of the witness,
disclose or publish, or authorise the disclosure or
publication of, that evidence, unless it has
already been lawfully published.
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(8) If evidence is taken by the Joint Committee in
private, no person (whether a member of the
Joint Committee or not) may, without the
authority of the Joint Committee given in writing
by the chairperson of the Joint Committee,
disclose or publish that evidence unless it has
already been lawfully published.
(9) References in this section to evidence are to be
construed as including references to
documentary evidence, and references in this
section to evidence given by a witness is to be
construed as including references to any part of
the evidence so given.
(10) Any person who discloses or publishes any
evidence contrary to the provisions of this
section is guilty of an offence.
Penalty: Fine not exceeding 5 000 penalty units
or imprisonment for a term not
exceeding one year.
(11) Sections 2A and 2B of the Parliamentary
Privilege Act 1858 apply to any matter being
examined by the Joint Committee under this Act.
4. Continuation of proceedings
If the Joint Committee, as constituted at any
time, has taken evidence in relation to any
matter, but the Joint Committee as so constituted
has ceased to exist before reporting on that
matter, the Joint Committee as next constituted
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may consider that evidence as if it had been
given before it.
5. Witnesses' expenses
A witness who appears before the Joint
Committee to give evidence is entitled to be paid
such fees and travelling expenses as the
chairperson or vice-chairperson of the Joint
Committee sees fit to allow, being fees and
travelling expenses calculated in accordance
with the scale for the time being prescribed
under section 27 of the Public Works Committee
Act 1914.
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SCHEDULE 6 PROVISIONS IN RESPECT OF
HEARINGS OF INTEGRITY TRIBUNAL
Section 76
1. Hearings to be open to public
(1) Except as provided in subclause (2), a hearing of
an Integrity Tribunal is to be open to the public.
(2) An Integrity Tribunal may do any or all of the
following at a hearing if it considers that there
are reasonable grounds for doing so:
(a) make an order that the hearing be closed
to the public;
(b) make an order excluding any person
from the hearing;
(c) make an order prohibiting the reporting
or other disclosure of all or any of the
proceedings at the hearing or prohibiting
the reporting or other disclosure of
particular information in respect of the
hearing.
(3) If the Integrity Tribunal makes an order under
subclause (2)(b), the Integrity Tribunal may
determine who, other than the parties or their
representative, may be present before it at any
stage of the proceedings.
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2. Requirement to attend hearing
(1) If an Integrity Tribunal holds a hearing, it is to
serve a notice in writing, not less than 14 days
before the date of the hearing, on the person who
is the subject of the complaint and the principal
officer of the relevant public authority requesting
that that person attend the hearing.
(2) An Integrity Tribunal may, by written notice
served on a person, require that person to attend
a hearing if in the opinion of the Integrity
Tribunal that person appears to be material to the
hearing.
(3) A person who has been required by the Integrity
Tribunal to attend a hearing must continue to
attend the hearing from day to day until the
Integrity Tribunal excuses that person from so
attending.
(4) An Integrity Tribunal may apply to a magistrate
for a warrant to have a person referred to in
subclause (1) or (2) apprehended and brought
before the Integrity Tribunal.
(5) A magistrate to whom an application under
subclause (4) is made may issue a warrant if
satisfied that the person who is the subject of the
application
(a) has been served with a notice under
subclause (1) or (2); and
(b) has failed, without reasonable excuse, to
attend before the Integrity Tribunal or
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produce any record, information,
material or thing specified in the notice.
(6) A warrant issued under this section authorises
any police officer to
(a) apprehend the person named in the
warrant and bring that person before the
Integrity Tribunal that applied for the
warrant; and
(b) detain that person in custody to secure
the person's attendance before that
Integrity Tribunal.
(7) A police officer executing a warrant issued
under this section is, for that purpose, authorised
to enter and search any place, building, vehicle
or vessel, using such force as is reasonably
necessary.
(8) A person who is apprehended and detained in
custody pursuant to a warrant issued under this
section may apply to a judge of the Supreme
Court to be released from custody.
(9) The release of a person from custody under this
section may be made subject to any conditions
the judge considers appropriate.
3. Control of proceedings at hearing
(1) An Integrity Tribunal has power to
(a) control its proceedings; and
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(b) maintain order at any hearing or other
proceeding conducted by the Integrity
Tribunal.
(2) An Integrity Tribunal may request the
Commissioner of Police to assist it in
maintaining order at any hearing or other
proceeding conducted by it.
(3) The Commissioner of Police is authorised and
required to accede to a request made under
subclause (2).
4. Control of public reporting of hearing
(1) An Integrity Tribunal may, by order, prohibit or
restrict the public reporting of a hearing or the
publishing of any evidence taken or received by
it if it is satisfied that the public interest in the
reporting of that hearing or the publishing of that
evidence is outweighed by any other
consideration, including public security, privacy
of personal or financial affairs or the right of any
person to a fair trial.
(2) An order under subclause (1) is to be made
during a hearing which is open to the public, and
on making the order an Integrity Tribunal must
state, in general terms, the reasons for making
the order.
156 Government Printer, Tasmania