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Law Enforcement Integrity Commissioner Bill 2006

Part 14 Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity

   

212   Definitions

                   In this Part:

Committee means the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity for the time being constituted under this Part.

member means a member of the Committee.

213   Joint Committee on the Australian Commission for Law Enforcement Integrity

             (1)  As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament to be known as the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity is to be appointed according to the practice of the Parliament with reference to the appointment of members to serve on joint select committees of both Houses of the Parliament.

             (2)  The Committee shall consist of 10 members, namely, 5 members of the Senate appointed by the Senate, and 5 members of the House of Representatives appointed by that House.

             (3)  A member of the Parliament is not eligible for appointment as a member of the Committee if he or she is:

                     (a)  a Minister; or

                     (b)  the President of the Senate; or

                     (c)  the Speaker of the House of Representatives; or

                     (d)  the Deputy President and Chair of Committees of the Senate or the Chair of Committees of the House of Representatives.

             (4)  A member ceases to hold office:

                     (a)  when the House of Representatives expires by the passing of time or is dissolved; or

                     (b)  if he or she becomes the holder of an office specified in any of the paragraphs of subsection (3); or

                     (c)  if he or she ceases to be a member of the House of the Parliament by which he or she was appointed; or

                     (d)  if he or she resigns his or her office as provided by subsection (5) or (6).

             (5)  A member appointed by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate.

             (6)  A member appointed by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of that House.

             (7)  Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the Committee appointed by that House.

214   Powers and proceedings of the Committee

                   All matters relating to the powers and proceedings of the Committee are to be determined by resolution of both Houses of the Parliament.

215   Duties of the Committee

             (1)  The Committee has the following duties:

                     (a)  to monitor and review the Integrity Commissioner’s performance of his or her functions;

                     (b)  to report to both Houses of the Parliament, with such comments as it thinks fit, on any matter:

                              (i)  connected with the performance of the Integrity Commissioner’s functions; or

                             (ii)  relating to ACLEI;

                            that the Committee considers should be directed to the attention of Parliament;

                     (c)  to examine:

                              (i)  each annual report prepared by the Integrity Commissioner under section 201; and

                             (ii)  any special report prepared by the Integrity Commissioner under section 204;

                            and report to the Parliament on any matter appearing in, or arising out of, any such annual report or special report;

                     (d)  to examine trends and changes in:

                              (i)  law enforcement in so far as they relate to corruption; and

                             (ii)  corruption generally in, or the integrity of staff members of, Commonwealth government agencies with a law enforcement function;

                            and report to both Houses of the Parliament on any change that the Committee thinks desirable:

                            (iii)  to the Integrity Commissioner’s functions or powers; or

                            (iv)  to the procedures followed by the Integrity Commissioner; or

                             (v)  to ACLEI’s structure;

                     (e)  to inquire into any question in connection with the Committee’s duties that is referred to it by either House of the Parliament, and to report to that House upon that question.

             (2)  Subsection (1) does not authorise the Committee:

                     (a)  to investigate a corruption issue or an ACLEI corruption issue; or

                     (b)  to reconsider the Integrity Commissioner’s decisions or recommendations in relation to a particular corruption issue or ACLEI corruption issue; or

                     (c)  to reconsider a special investigator’s decisions or recommendations in relation to an ACLEI corruption issue.

216   Disclosure to Committee by Integrity Commissioner

             (1)  Subject to subsections (2) and (3), the Integrity Commissioner:

                     (a)  must comply with a request by the Committee to give the Committee information in relation to:

                              (i)  an investigation of a corruption issue; or

                             (ii)  a public inquiry;

                            that the Integrity Commissioner has conducted or is conducting; and

                     (b)  must when requested by the Committee, and may at such other times as the Integrity Commissioner thinks appropriate, inform the Committee concerning the general performance of the Integrity Commissioner’s functions.

             (2)  The Integrity Commissioner must not comply with the request if:

                     (a)  the information is section 149 certified information; and

                     (b)  the disclosure of the information to the Committee would contravene the certificate issued under section 149.

             (3)  The Integrity Commissioner may decide not to comply with the request if the Integrity Commissioner is satisfied that:

                     (a)  the information is sensitive information; and

                     (b)  the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee.

             (4)  If the Integrity Commissioner does not give information to the Committee because of subsection (3), the Committee may refer the request to the Minister.

             (5)  If the Committee refers the request to the Minister, the Minister:

                     (a)  must determine in writing whether:

                              (i)  the information is sensitive information; and

                             (ii)  if it is, whether the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee; and

                     (b)  must provide copies of that determination to the Integrity Commissioner and the Committee; and

                     (c)  must not disclose his or her reasons for determining the question referred to in subparagraph (a)(ii) in the way stated in the determination.

             (6)  A determination made by the Minister under subsection (5) is not a legislative instrument.

217   Disclosure to Committee by Minister

             (1)  Subject to subsections (2) and (3), the Minister must comply with a request by the Committee to give the Committee information in relation to an investigation of a corruption issue that a special investigator has conducted or is conducting.

             (2)  The Minister must not comply with the request if:

                     (a)  the information is section 149 certified information; and

                     (b)  the disclosure of the information to the Committee would contravene the certificate issued under section 149.

             (3)  The Minister may decide not to comply with the request if the Minister is satisfied that:

                     (a)  the information is sensitive information; and

                     (b)  the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee.

218   Ombudsman to brief committee about controlled operations

             (1)  At least once in each year the Ombudsman must provide a briefing to the Committee about the Integrity Commissioner’s involvement in controlled operations under Part IAB of the Crimes Act 1914 during the preceding 12 months.

             (2)  For the purposes of receiving a briefing from the Ombudsman under subsection (1), the Committee must meet in private.