INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 15 Functions of the IBAC

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 15

    (1)     The IBAC has the functions conferred on the IBAC under this Act or any other Act.

S. 15(1A) inserted by No. 30/2016 s. 8(1).

    (1A)     In performing its functions, the IBAC must prioritise its attention to the investigation and exposure of corrupt conduct which the IBAC considers may constitute serious corrupt conduct or systemic corrupt conduct.

S. 15(1B) inserted by No. 30/2016 s. 8(1).

    (1B)     Subsection (1A) does not restrict the IBAC's discretion to determine to investigate any matter that the IBAC considers may constitute corrupt conduct.

    (2)     Without limiting the generality of subsection (1), the IBAC has the following functions—

S. 15(2)(a) substituted by No. 30/2016 s. 8(2).

        (a)     to identify, expose and investigate corrupt conduct;

        (b)     to identify, expose and investigate police personnel misconduct;

        (c)     to assess police personnel conduct.

    (3)     Without limiting the generality of subsection (2), the IBAC has the following functions under subsection (2)—

        (a)     to receive complaints and notifications to the IBAC in relation to corrupt conduct;

        (b)     in relation to police personnel conduct—

              (i)     to receive police personnel conduct complaints and notifications to the IBAC;

S. 15(3)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 85.5).

              (ii)     to ensure that the highest ethical and professional standards are maintained by police officers and protective services officers;

S. 15(3)(b)(iii) amended by No. 37/2014 s. 10(Sch. item 85.5).

              (iii)     to ensure that police officers and protective services officers have regard to the human rights set out in the Charter of Human Rights and Responsibilities Act 2006 ;

S. 15(3)(ba) inserted by No. 30/2016 s. 8(3).

        (ba)     to conduct preliminary inquiries;

        (c)     to hold examinations;

        (d)     to make referrals to other persons or bodies.

S. 15(4) amended by No. 2/2019 s. 51(1).

    (4)     Without limiting subsections (2) and (3), the IBAC has the following functions in relation to public interest complaints—

        (a)     to investigate any of those complaints that it may investigate in accordance with—

              (i)     its corrupt conduct investigative functions; or

              (ii)     its police personnel conduct investigative functions;

        (b)     to refer the complaints to other persons or bodies to investigate;

        (c)     to dismiss the complaints.

    (5)     The IBAC has education and prevention functions for the purpose of achieving the objects of this Act.

    (6)     Without limiting the generality of subsection (5), the IBAC has the following functions under subsection (5)—

        (a)     to examine systems and practices in the public sector and public sector legislation;

        (b)     to provide information to, consult with and make recommendations to, the public sector;

        (c)     to assist the public sector to increase capacity to prevent corrupt conduct and police personnel misconduct by providing advice, training and education services;

        (d)     to provide information and education services to the community about the detrimental effects of corruption on public administration and ways in which to assist in preventing corrupt conduct;

        (e)     to provide information and education services to members of police personnel and the community about police personnel conduct, including the detrimental effects of police personnel misconduct and ways in which to assist in preventing police personnel misconduct;

        (f)     to publish information on ways to prevent corrupt conduct and police personnel misconduct.

    (7)     For the purpose of achieving the objects of this Act, the IBAC has the following functions—

        (a)     to receive information, conduct research and collect intelligence, and to use that information, research and intelligence in support of investigations;

        (b)     to report on, and make recommendations as a result of, the performance of its duties and functions.

S. 15(8) repealed by No. 70/2016 s. 47.

    *     *     *     *     *

        Note to s. 15 amended by No. 2/2019 s. 51(2).

Note

See also Part 8 of the Public Interest Disclosures Act 2012 which sets out the functions of the IBAC under that Act.