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Law Enforcement Integrity Commissioner Bill 2006

Part 3 The Integrity Commissioner

   

14   Integrity Commissioner

                   There is to be an Integrity Commissioner.

Note:          For provisions in relation to the Integrity Commissioner’s appointment, see Division 1 of Part 13.

15   Functions of the Integrity Commissioner

                   The Integrity Commissioner has the following functions:

                     (a)  to investigate and report on corruption issues;

                     (b)  to refer corruption issues, in appropriate circumstances, to a law enforcement agency for investigation;

                     (c)  to manage, oversee or review, in appropriate circumstances, the investigation of corruption issues by law enforcement agencies;

                     (d)  at the request of the Minister, to conduct public inquiries into:

                              (i)  corruption issues; or

                             (ii)  corruption generally in, or the integrity of staff members of, law enforcement agencies;

                     (e)  to collect, correlate, analyse and disseminate information and intelligence in relation to corruption generally in, or the integrity of staff members of, both:

                              (i)  law enforcement agencies; and

                             (ii)  other Commonwealth government agencies that have law enforcement functions;

                      (f)  on the Integrity Commissioner’s own initiative, or on request by the Minister, to make reports and recommendations to the Minister in relation to any matter that concerns the need for or the desirability of legislative or administrative action on issues in relation to corruption generally in, or the integrity of staff members of, law enforcement agencies;

                     (g)  any other function conferred on the Integrity Commissioner by other provisions of this Act or by another Act.

Note:          Paragraph (a)—the investigation of a corruption issue may be conducted in response to a referral or notification of the corruption issue to the Integrity Commissioner or on the Integrity Commissioner’s own initiative.

16   Integrity Commissioner to give priority to serious corruption and systemic corruption

                   In carrying out the Integrity Commissioner’s functions, the Integrity Commissioner must give priority to corruption issues that relate to corrupt conduct that constitutes serious corruption or systemic corruption.

17   Integrity Commissioner may enter into agreement with head of law enforcement agency

             (1)  The Integrity Commissioner may enter into an agreement with the head of a law enforcement agency in relation to all or any of the following matters:

                     (a)  the kinds of issues that are significant corruption issues in relation to staff members of the agency;

                     (b)  the level of detail required to notify the Integrity Commissioner of a corruption issue;

                     (c)  the way in which information or documents in relation to a corruption issue may be given to the Integrity Commissioner (whether for the purpose of notifying the Integrity Commissioner or allowing the Integrity Commissioner to manage, oversee or review an investigation or otherwise);

                     (d)  the level of detail required in the final report given to the Integrity Commissioner on the law enforcement agency’s investigation of a corruption issue.

             (2)  The Integrity Commissioner may agree with the head of the law enforcement agency to vary or revoke the agreement.

             (3)  The agreement, or the variation or revocation of the agreement, must be in writing.