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Law Enforcement Integrity Commissioner Bill 2006

Part 4 Dealing with corruption issues

Division 1 Referring corruption issues to Integrity Commissioner

18   Referral of corruption issues by Minister

                   The Minister may refer to the Integrity Commissioner an allegation, or information, that raises a corruption issue.

19   Notification of corruption issues by law enforcement agency heads

             (1)  As soon as practicable after the head of a law enforcement agency becomes aware of an allegation, or information, that raises a corruption issue that relates to the agency, the head of the agency must:

                     (a)  notify the Integrity Commissioner in writing of the corruption issue (including a description of the corruption issue and the allegation or information giving rise to the corruption issue); and

                     (b)  indicate whether the corruption issue is a significant corruption issue.

             (2)  The head of the agency does not need to take action under subsection (1), however, if the head of the agency:

                     (a)  has already notified the Integrity Commissioner of the corruption issue under subsection (1); or

                     (b)  has reasonable grounds to believe that the Integrity Commissioner is already aware of the allegation or the information.

             (3)  The action taken under subsection (1) must be taken in accordance with any agreement entered into under section 17 between the head of the agency and the Integrity Commissioner.

             (4)  With the agreement of the Integrity Commissioner, the head of the agency may:

                     (a)  notify the Integrity Commissioner under subsection (1) of a corruption issue; and

                     (b)  indicate whether the corruption issue is a significant corruption issue;

by entering the required details on a database.

             (5)  This section applies to a corruption issue that relates to a staff member of the former NCA as if the staff member were a staff member of the ACC.

20   Notification of corruption issue identified as significant corruption issue

             (1)  If the head of a law enforcement agency notifies the Integrity Commissioner of a corruption issue and indicates that it is a significant corruption issue, the head of the agency must:

                     (a)  give the Integrity Commissioner all the information and documents that:

                              (i)  relate to the corruption issue; and

                             (ii)  are in the possession, or under the control, of the head of the agency; and

                     (b)  stop any investigation of the corruption issue that the agency is already conducting; and

                     (c)  take all reasonable steps to prevent the loss, destruction or fabrication of evidence in relation to the corruption issue.

This subsection has effect subject to subsection 150(1) but despite any secrecy provision (other than a law enforcement secrecy provision or a taxation secrecy provision).

Note:          Paragraph (a)—section 21 requires the head of the agency to pass on new information that relates to a significant corruption issue that has already been referred to the Integrity Commissioner.

             (2)  The law enforcement agency may resume an investigation of a corruption issue stopped under paragraph (1)(b), or commence an investigation of a corruption issue to which subsection (1) applies, only if the Integrity Commissioner:

                     (a)  refers the corruption issue to the agency under paragraph 26(1)(b) for investigation; or

                     (b)  decides to investigate the corruption issue jointly with the agency under subsection 26(2); or

                     (c)  decides under subsection 31(1) to take no further action in relation to the corruption issue.

21   Law enforcement agency head to pass on new information in relation to corruption issue already referred

             (1)  If the head of a law enforcement agency:

                     (a)  notifies the Integrity Commissioner of a corruption issue under section 19 and indicates that it is a significant corruption issue; and

                     (b)  subsequently becomes aware of an allegation, or information, that is relevant to the corruption issue;

the head of the agency must give the Integrity Commissioner details of the allegation, or give the Integrity Commissioner the information, as soon as practicable after the head of the agency becomes aware of the allegation or information.

             (2)  Subsection (1) has effect subject to subsection 150(1) but despite any secrecy provision (other than a law enforcement secrecy provision or a taxation secrecy provision).

             (3)  The head of the agency does not need to take action under subsection (1), however, if the head of the agency:

                     (a)  has reasonable grounds to believe that the Integrity Commissioner is already aware of the allegation or the information; or

                     (b)  becomes aware of the allegation or information in the course of an investigation of the corruption issue and:

                              (i)  the agency is conducting the investigation as a result of the Integrity Commissioner referring that corruption issue to the agency for investigation; or

                             (ii)  the Integrity Commissioner is managing or overseeing the investigation.

22   Notification of corruption issue not identified as significant corruption issue

             (1)  If the head of a law enforcement agency notifies a corruption issue to the Integrity Commissioner under section 19 but does not indicate that it is a significant corruption issue, the head of the agency must:

                     (a)  if the agency is already investigating the corruption issue—ensure that the investigation is continued and completed; and

                     (b)  if the agency is not already investigating the corruption issue—ensure that the agency investigates the corruption issue.

This subsection applies subject to any action taken by the Integrity Commissioner under section 32 or 42.

             (2)  The head of the agency does not need to take the action referred to in subsection (1) if he or she is satisfied that:

                     (a)  the matter:

                              (i)  involves or implicates a secondee to the agency who is an employee of a government agency (the home agency ); and

                             (ii)  is already being investigated by the home agency or an integrity agency for a State or Territory; or

                     (b)  the making of the allegation that raises the corruption issue, or the giving of the information that raises the corruption issue, is frivolous or vexatious; or

                     (d)  the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court; or

                     (e)  subject to subsection (2A), a Commonwealth law that applies to the agency allows the agency to decide not to deal with the allegation or information that raises the corruption issue.

However, the head of the agency must advise the Integrity Commissioner that the agency will not be investigating the corruption issue and the reason why the agency will not be investigating the corruption issue.

          (2A)  Despite paragraph (2)(e), the agency must continue and complete, or begin and complete, an investigation of the corruption issue if the Integrity Commissioner considers, despite the Commonwealth law, that it would be more appropriate for the issue to be investigated.

             (3)  With the agreement of the Integrity Commissioner, the head of the agency may advise the Integrity Commissioner under subsection (2) by entering the required details on a database to which the Integrity Commissioner has access.

23   Referral of corruption issues by other people

             (1)  A person (other than the Minister) may refer to the Integrity Commissioner under this section an allegation, or information, that raises a corruption issue.

             (2)  Without limiting subsection (1):

                     (a)  the person may refer the allegation or information on behalf of:

                              (i)  another person; or

                             (ii)  a government agency (other than a law enforcement agency); or

                            (iii)  a body or association of persons; and

                     (b)  the person may refer the allegation or information anonymously; and

                     (c)  the person may refer the allegation or information either orally or in writing.

             (3)  If the person refers the allegation or information orally, the Integrity Commissioner may require the person to put the allegation or the information in writing.

             (4)  If the person is asked to put the allegation or information in writing under subsection (3), the Integrity Commissioner may refuse to investigate the corruption issue that the allegation or information raises, or to investigate the corruption issue further, until the allegation or information is put in writing.

             (5)  If the Ombudsman:

                     (a)  decides, under subsection 6(16) of the Ombudsman Act 1976 , to refer an allegation or information to the Integrity Commissioner; or

                     (b)  is required, under subsection 6(17) of that Act, to refer an allegation or information to the Integrity Commissioner;

the person who referred the allegation or information to the Ombudsman is taken to have referred the allegation or information to the Integrity Commissioner under this section.

24   Referral under section 23 by person in custody

Application of section

             (1)  This section applies if a person who is detained in custody (the prisoner ) wishes to refer an allegation or information to the Integrity Commissioner under section 23.

             (2)  A reference in this section to a custodian is a reference to:

                     (a)  the person in whose custody the prisoner is detained; or

                     (b)  any other person performing duties in connection with the prisoner’s detention.

Facilities to be provided for communicating with Integrity Commissioner

             (3)  The prisoner is entitled to be provided with facilities for:

                     (a)  preparing a written record of the allegation or information; and

                     (b)  for enclosing that written record in a sealed envelope;

if the prisoner requests a custodian to have those facilities provided.

             (4)  The prisoner is entitled to have sent to the Integrity Commissioner, without undue delay, a sealed envelope that is:

                     (a)  delivered by the prisoner to a custodian; and

                     (b)  addressed to the Integrity Commissioner;

if the prisoner requests a custodian to have the envelope sent to the Integrity Commissioner.

             (5)  The prisoner is entitled to have delivered to the prisoner, without undue delay, any sealed envelope that:

                     (a)  is addressed to the prisoner; and

                     (b)  is sent by the Integrity Commissioner; and

                     (c)  comes into the possession, or under the control, of a custodian.

Dealing with communications between prisoner and Integrity Commissioner

             (6)  If:

                     (a)  the prisoner delivers to a custodian a sealed envelope addressed to the Integrity Commissioner for sending to the Integrity Commissioner; or

                     (b)  a sealed envelope addressed to the prisoner and sent by the Integrity Commissioner comes into the possession, or under the control, of a custodian;

neither that custodian, nor any other custodian, is entitled to open the envelope or to inspect any document enclosed in the envelope.

Arrangements with State and Territory prison authorities

             (7)  For the purposes of this section, the Integrity Commissioner may make arrangements with the appropriate authority of a State or a Territory for the identification and delivery of sealed envelopes sent by the Integrity Commissioner to persons detained in custody in that State or Territory.

25   Person making referral under section 23 may elect to be kept informed

             (1)  If a person refers an allegation or information to the Integrity Commissioner under section 23, the Integrity Commissioner must ask the person to elect whether or not to be kept informed of the action taken in relation to the corruption issue raised by the allegation or information.

             (2)  Subsection (1) does not apply if the person refers the allegation or information anonymously.

             (3)  If the person fails to make an election when asked to do so, the person is taken to have elected not to be kept informed of the action taken in relation to the corruption issue.

             (4)  If the person elects to be kept informed of the action taken in relation to the corruption issue, the person may revoke the election at any time by notice to the Integrity Commissioner.



 

Division 2 How Integrity Commissioner deals with corruption issues

Subdivision A General

26   How Integrity Commissioner may deal with corruption issues

             (1)  The Integrity Commissioner may deal with a corruption issue that relates to a law enforcement agency in any of the following ways:

                     (a)  by investigating the corruption issue;

                     (b)  by referring the corruption issue to the law enforcement agency for investigation and:

                              (i)  managing the investigation; or

                             (ii)  overseeing the investigation; or

                            (iii)  neither managing nor overseeing the investigation;

                     (c)  if the law enforcement agency is not the AFP—by referring the corruption issue to the AFP for investigation and:

                              (i)  managing the investigation; or

                             (ii)  overseeing the investigation; or

                            (iii)  neither managing nor overseeing the investigation;

                     (d)  by managing an investigation of the corruption issue that is being conducted by the law enforcement agency;

                     (e)  by overseeing an investigation of the corruption issue that is being conducted by the law enforcement agency.

Note:          Subsection 29(6) gives the Integrity Commissioner further options for dealing with the corruption issue to the extent to which it relates to the conduct of a secondee to the law enforcement agency.

             (2)  The Integrity Commissioner may investigate the corruption issue under paragraph (1)(a) either alone or jointly with another government agency or an integrity agency for a State or Territory.

27   Criteria for deciding how to deal with a corruption issue

             (1)  The Integrity Commissioner must have regard to the matters set out in subsection (2) in deciding:

                     (a)  how to deal with a corruption issue that relates to a law enforcement agency; or

                     (b)  whether to take no further action in relation to a corruption issue that relates to a law enforcement agency.

             (2)  The matters to which the Integrity Commissioner must have regard are the following:

                     (a)  the need to ensure that the corruption issue is fully investigated;

                     (b)  the rights and obligations of the law enforcement agency to investigate the corruption issue;

                     (c)  if a joint investigation of the corruption issue by the Integrity Commissioner and the law enforcement agency is being considered—the extent to which the law enforcement agency is able to cooperate in the investigation;

                     (d)  the resources that are available to each of the following to investigate the corruption issue:

                              (i)  the Integrity Commissioner;

                             (ii)  the AFP;

                            (iii)  the law enforcement agency;

                     (e)  the need to ensure a balance between:

                              (i)  the Integrity Commissioner’s role in dealing with corruption issues in law enforcement agencies (particularly in dealing with significant corruption issues); and

                             (ii)  ensuring that the heads of law enforcement agencies take responsibility for managing their agencies;

                      (f)  the likely significance of the corruption issue for the law enforcement agency.

28   Dealing with multiple corruption issues

             (1)  The Integrity Commissioner may, in his or her discretion, deal with a number of corruption issues together (whether or not they are raised by the same allegation or information).

             (2)  Without limiting subsection (1), if an allegation, or information, raises a number of corruption issues, the Integrity Commissioner:

                     (a)  may deal with some or all of those corruption issues together; and

                     (b)  may deal with some or all of those corruption issues separately.

             (3)  Without limiting subsection (1), the Integrity Commissioner may prepare a single report in relation to a number of corruption issues.

29   How Integrity Commissioner may deal with corruption issues that relate to conduct of secondee from government agency

Section applies if secondee is employee of government agency

             (1)  This section applies if:

                     (a)  a corruption issue relates to the conduct of a secondee to a law enforcement agency; and

                     (b)  the secondee is an employee of a government agency (the home agency ).

Informing head of government agency and integrity agency about corruption issue

             (2)  The Integrity Commissioner must:

                     (a)  inform the head of the home agency of the corruption issue; and

                     (b)  give the head of the home agency such further information in relation to the corruption issue as the head of the home agency requests; and

                     (c)  if the home agency is the police force of a State or Territory:

                              (i)  inform the head of the integrity agency (if any) for the State or Territory of the corruption issue; and

                             (ii)  give the head of the integrity agency (if any) for the State or Territory such further information in relation to the corruption issue as the head of the integrity agency requests.

This subsection has effect subject to section 152 (which deals with section 149 certified information).

             (3)  However, the Integrity Commissioner need not inform the head of the home agency, and the head of the integrity agency, of the corruption issue if doing so is likely to prejudice:

                     (a)  the investigation of the corruption issue or another corruption investigation; or

                     (b)  any action taken as a result of an investigation referred to in paragraph (a).

             (4)  If the Integrity Commissioner does not inform the head of the home agency, or the head of the integrity agency, of the corruption issue because of subsection (3), the Integrity Commissioner must:

                     (a)  inform the Minister that the head of the home agency, or the head of the integrity agency, has not been informed of the corruption issue; and

                     (b)  give the Minister the Integrity Commissioner’s reasons for not informing the head of the home agency, or the head of the integrity agency, of the corruption issue.

             (5)  The Integrity Commissioner does not need to take action under paragraph (2)(a) or subparagraph (2)(c)(i) if the Integrity Commissioner has reasonable grounds to believe that the head of the home agency, or the head of the integrity agency, is already aware of the corruption issue.

Arranging for government agency to investigate corruption issue

             (6)  The Integrity Commissioner may deal with the corruption issue:

                     (a)  by arranging, in writing, with the head of the home agency for the home agency to investigate the corruption issue; or

                     (b)  if the secondee is from the police force of a State or Territory—by arranging, in writing, with the head of the integrity agency for the State or Territory for the integrity agency to investigate the corruption issue.

             (7)  To avoid doubt, subsection (6) does not limit the operation of section 26 in relation to the corruption issue.

Criteria for deciding how to deal with corruption issue

             (8)  The Integrity Commissioner must have regard to the matters set out in subsection (9) in deciding:

                     (a)  how to deal with the corruption issue; or

                     (b)  whether to take no further action in relation to a corruption issue.

             (9)  The matters that the Integrity Commissioner must have regard to are the following:

                     (a)  the rights and obligations of:

                              (i)  the home agency; and

                             (ii)  the integrity agency (if any) for the State or Territory;

                            to investigate the corruption issue;

                     (b)  if a joint investigation of the corruption issue is being considered—the extent to which the agencies referred to in paragraph (a) are able to cooperate in the investigation;

                     (c)  the resources available to the Integrity Commissioner, the AFP and the agencies referred to in paragraph (a) to investigate the corruption issue;

                     (d)  the need to ensure a balance between:

                              (i)  the Integrity Commissioner’s role in dealing with corruption issues in law enforcement agencies (particularly in dealing with significant corruption issues); and

                             (ii)  ensuring that the head of the home agency takes responsibility for managing the home agency; and

                            (iii)  the role of the integrity agency (if any) for the State or Territory in dealing with corruption issues that relate to the State’s or Territory’s police force; and

                     (e)  the likely significance of the corruption issue for:

                              (i)  the law enforcement agency; and

                             (ii)  the home agency; and

                            (iii)  the integrity agency (if any) for the State or Territory.

Operation of section 27

           (10)  To avoid doubt, subsections (8) and (9) do not limit the operation of section 27 in relation to the corruption issue.

30   Arranging for government agencies and integrity agencies to investigate corruption issues relating to conduct of secondees

             (1)  If a government agency, or an integrity agency for a State or Territory, has power to investigate a corruption issue that relates to the conduct of a secondee to a law enforcement agency, the Integrity Commissioner may arrange with the head of the agency for the agency to investigate the corruption issue.

             (2)  If the Integrity Commissioner enters into such an arrangement, the agency may investigate the corruption issue to the full extent of its powers under any laws of the Commonwealth or of a State or Territory.

             (3)  The arrangement may relate to:

                     (a)  a particular corruption issue or issues; or

                     (b)  a series of related corruption issues.

             (4)  The Integrity Commissioner may arrange with the agency for the variation or revocation of the arrangement.

             (5)  The arrangement, or the variation or revocation of the arrangement, must be in writing.

             (6)  The regulations may make provision for and in relation to the participation by the Integrity Commissioner in the carrying out of a joint investigation in accordance with an arrangement under this section.

             (7)  Nothing in this section affects the powers and duties of the Integrity Commissioner under any other provision of this Act.

Subdivision B Integrity Commissioner dealing with corruption issues referred or notified

31   Significant corruption issues notified under section 19 and corruption issues referred under section 18 or 23

             (1)  This section applies if:

                     (a)  the head of a law enforcement agency:

                              (i)  notifies the Integrity Commissioner of a corruption issue under section 19; and

                             (ii)  indicates that it is a significant corruption issue; or

                     (b)  an allegation, or information, that raises a corruption issue is referred to the Integrity Commissioner under section 18 or 23.

             (2)  The Integrity Commissioner must decide:

                     (a)  to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6); or

                     (b)  to take no further action in relation to the corruption issue.

             (3)  Subsection (2) does not apply if the Integrity Commissioner has already made a decision under that subsection in relation to the corruption issue.

             (4)  The Integrity Commissioner may decide under subsection (2) to take no further action in relation to the corruption issue only if he or she is satisfied that:

                     (a)  the corruption issue is already being, or will be, investigated by:

                              (i)  a law enforcement agency; or

                             (ii)  a government agency; or

                            (iii)  an integrity agency for a State or Territory; or

                     (b)  the referral of the allegation or information to the Integrity Commissioner is frivolous or vexatious; or

                     (d)  the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court; or

                     (e)  an investigation of the corruption issue is not warranted having regard to all the circumstances.

32   Corruption issues notified under section 19 (other than significant corruption issues)

             (1)  This section applies if the head of a law enforcement agency:

                     (a)  notifies the Integrity Commissioner of a corruption issue under section 19; and

                     (b)  does not indicate that it is a significant corruption issue.

             (2)  The Integrity Commissioner may decide to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6).

             (3)  For the purposes of making a decision about how to deal with the corruption issue, the Integrity Commissioner may request the head of a law enforcement agency to give the Integrity Commissioner the information specified in the request.

             (4)  The head of the law enforcement agency must comply with the request.

             (5)  Subsection (3) does not limit the information to which the Integrity Commissioner may have regard in making a decision about how to deal with the corruption issue.

             (6)  If the Integrity Commissioner does decide to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6), the Integrity Commissioner may direct the head of the law enforcement agency that the agency is not to investigate the corruption issue.

             (7)  A direction under subsection (6) is not a legislative instrument.

Subdivision C Advising particular people of decision about how to deal with corruption issue

33   Minister

             (1)  If the Minister refers an allegation, or information, that raises a corruption issue to the Integrity Commissioner under section 18, the Integrity Commissioner must advise the Minister of:

                     (a)  the Integrity Commissioner’s decision under section 31 in relation to the corruption issue; and

                     (b)  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

             (2)  The Integrity Commissioner must advise the Minister of the decision:

                     (a)  in writing; and

                     (b)  as soon as reasonably practicable after the decision is made.

34   Person who refers corruption issue

Integrity Commissioner to advise person who refers corruption issue

             (1)  If a person:

                     (a)  refers an allegation, or information, that raises a corruption issue to the Integrity Commissioner under section 23; and

                     (b)  elects under section 25 to be kept informed of the action taken in relation to the corruption issue;

the Integrity Commissioner must advise the person of:

                     (c)  the Integrity Commissioner’s decision under section 31 in relation to the corruption issue; and

                     (d)  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

Form and timing of advice

             (2)  The Integrity Commissioner must advise the person of the decision:

                     (a)  in writing; and

                     (b)  as soon as reasonably practicable after the decision is made.

Exception

             (3)  However, the Integrity Commissioner need not advise the person if the Integrity Commissioner is satisfied that doing so is likely to prejudice:

                     (a)  the investigation of the corruption issue or another corruption investigation; or

                     (b)  any action taken as a result of an investigation referred to in paragraph (a).

Advice to nominated person or office holder

             (4)  If:

                     (a)  a person refers an allegation, or information, that raises the corruption issue to the Integrity Commissioner on behalf of:

                              (i)  another person; or

                             (ii)  a government agency (other than a law enforcement agency); or

                            (iii)  a body or association of persons; and

                     (b)  the other person, the agency, the body or the association nominates:

                              (i)  another person; or

                             (ii)  the holder of a particular office in the agency, body or association;

                            by notice in writing to the Integrity Commissioner, to receive communications from the Integrity Commissioner;

the Integrity Commissioner must give the advice required by subsection (1) to the person nominated or the person for the time being holding the office nominated.

35   Head of law enforcement agency

Commissioner to advise head of law enforcement agency

             (1)  If:

                     (a)  an allegation, or information, that raises a corruption issue is referred to the Integrity Commissioner under section 18 or 23; and

                     (b)  the corruption issue relates to a law enforcement agency;

the Integrity Commissioner must advise the head of the agency of:

                     (c)  the Integrity Commissioner’s decision under section 31 in relation to the corruption issue; and

                     (d)  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

Form and timing of advice

             (2)  The Integrity Commissioner must advise the head of the agency of the decision:

                     (a)  in writing; and

                     (b)  as soon as reasonably practicable after the decision is made.

Exception

             (3)  However, the Integrity Commissioner need not advise the head of the agency if doing so would be likely to prejudice:

                     (a)  the investigation of the corruption issue or another corruption investigation; or

                     (b)  any action taken as a result of an investigation referred to in paragraph (a).

             (4)  If the Integrity Commissioner does not advise the head of the agency of the decision because of subsection (3), the Integrity Commissioner must:

                     (a)  inform the Minister that the head of the agency has not been advised of the decision; and

                     (b)  give the Minister the Integrity Commissioner’s reasons for not advising the head of the agency of the decision; and

                     (c)  inform the Minister that the consultations that would otherwise take place under section 49 will not take place.

36   Heads of home agency and integrity agency

Section applies to secondment situations

             (1)  This section applies if:

                     (a)  an allegation, or information, that raises a corruption issue is referred to the Integrity Commissioner under section 18 or 23; and

                     (b)  the corruption issue relates to the conduct of a person who:

                              (i)  is, or has been, a secondee to a law enforcement agency; and

                             (ii)  is an employee of a government agency (the home agency ).

Advising head of home agency

             (2)  The Integrity Commissioner must advise the head of the home agency of:

                     (a)  the Integrity Commissioner’s decision under section 31 in relation to the corruption issue; and

                     (b)  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

Advising head of integrity agency

             (3)  If the home agency is the police force of a State or Territory, the Integrity Commissioner must also advise the head of the integrity agency (if any) for the State or Territory of:

                     (a)  the Integrity Commissioner’s decision under section 31 in relation to the corruption issue; and

                     (b)  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

Form and timing of advice

             (4)  The Integrity Commissioner must advise the head of the home agency or integrity agency:

                     (a)  in writing; and

                     (b)  as soon as reasonably practicable after the decision is made.

Exception

             (5)  However, the Integrity Commissioner need not advise the head of the home agency, or integrity agency, if doing so would be likely to prejudice:

                     (a)  the investigation of the corruption issue or another corruption investigation; or

                     (b)  any action taken as a result of an investigation referred to in paragraph (a).

             (6)  If the Integrity Commissioner does not advise the head of the home agency, or integrity agency, of the decision because of subsection (5), the Integrity Commissioner must:

                     (a)  inform the Minister that the head of the home agency, or integrity agency, has not been advised of the decision; and

                     (b)  give the Minister the Integrity Commissioner’s reasons for not advising the head of the home agency, or integrity agency, of the decision; and

                     (c)  inform the Minister that the consultations that would otherwise take place under section 49 will not take place.

37   Staff member to whom corruption issue relates

                   If the Integrity Commissioner makes a decision under section 31, 32 or 42 in relation to a corruption issue that relates to a person who is, or has been, a staff member of a law enforcement agency, the Integrity Commissioner may advise the person of the Integrity Commissioner’s decision.

Subdivision D Integrity Commissioner dealing with corruption issues on own initiative

38   Integrity Commissioner may deal with corruption issues on own initiative

             (1)  If the Integrity Commissioner becomes aware of an allegation, or information, that raises a corruption issue, the Integrity Commissioner may, on his or her own initiative, deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6).

             (2)  Subsection (1) does not apply if the Integrity Commissioner becomes aware of the allegation or information because of action taken under Division 1 of this Part.

             (3)  If the Integrity Commissioner decides to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6), the Integrity Commissioner may direct the head of the law enforcement agency to which the corruption issue relates that the agency is not to investigate the corruption issue.

             (4)  A direction under subsection (3) is not a legislative instrument.

             (5)  Without limiting subsection (1), if the Integrity Commissioner:

                     (a)  is investigating, or inquiring into, a particular corruption issue; and

                     (b)  in the course of doing so, becomes aware of an allegation, or information, that raises another corruption issue;

the Integrity Commissioner may deal with that other corruption issue in one of the ways referred to in subsection 26(1) or 29(6).

39   Advising head of law enforcement agency of decision to deal with corruption issue on own initiative

Advice to head of law enforcement agency

             (1)  If:

                     (a)  the Integrity Commissioner decides, on his or her own initiative, to deal with a corruption issue in one of the ways referred to in subsection 26(1) or 29(6); and

                     (b)  the corruption issue relates to a law enforcement agency;

the Integrity Commissioner must advise the head of the agency of:

                     (c)  the Integrity Commissioner’s decision to deal with the corruption issue in that way; and

                     (d)  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

Form and timing of advice

             (2)  The Integrity Commissioner must advise the head of the agency of the decision:

                     (a)  in writing; and

                     (b)  as soon as reasonably practicable after the decision is made.

Exception

             (3)  However, the Integrity Commissioner need not advise the head of the agency if doing so is likely to prejudice:

                     (a)  the investigation of the corruption issue or another corruption investigation; or

                     (b)  any action taken as a result of an investigation referred to in paragraph (a).

             (4)  If the Integrity Commissioner does not advise the head of the agency of the decision because of subsection (3), the Integrity Commissioner must:

                     (a)  inform the Minister that the head of the agency has not been advised of the decision; and

                     (b)  give the Minister the Integrity Commissioner’s reasons for not advising the head of the agency of the decision; and

                     (c)  inform the Minister that the consultations that would otherwise take place under section 49 will not take place.

40   Advising heads of government agency and integrity agency of decision to deal with corruption issue on own initiative

Section applies to secondment situations

             (1)  This section applies if:

                     (a)  the Integrity Commissioner decides, on his or her own initiative, to deal with a corruption issue in one of the ways referred to in subsection 26(1) or 29(6); and

                     (b)  the corruption issue relates to the conduct of a person who:

                              (i)  is, or has been, a secondee to a law enforcement agency; and

                             (ii)  is an employee of a government agency (the home agency ).

Advising head of home agency

             (2)  The Integrity Commissioner must advise the head of the home agency of:

                     (a)  the Integrity Commissioner’s decision to deal with the corruption issue in that way; and

                     (b)  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

Advising head of integrity agency

             (3)  If the home agency is the police force of a State or Territory, the Integrity Commissioner must also advise the head of the integrity agency (if any) for the State or Territory of:

                     (a)  the Integrity Commissioner’s decision to deal with the corruption issue in that way; and

                     (b)  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

Form and timing of advice

             (4)  The Integrity Commissioner must advise the head of the home agency or integrity agency of the decision:

                     (a)  in writing; and

                     (b)  as soon as reasonably practicable after the decision is made.

Exception

             (5)  However, the Integrity Commissioner need not advise the head of the home agency, or integrity agency, if doing so would be likely to prejudice:

                     (a)  the investigation of the corruption issue or another corruption investigation; or

                     (b)  any action taken as a result of an investigation referred to in paragraph (a).

             (6)  If the Integrity Commissioner does not advise the head of the home agency, or integrity agency, of the decision because of subsection (5), the Integrity Commissioner must:

                     (a)  inform the Minister that the head of the home agency, or integrity agency, has not been advised of the decision; and

                     (b)  give the Minister the Integrity Commissioner’s reasons for not advising the head of the home agency, or integrity agency, of the decision; and

                     (c)  inform the Minister that the consultations that would otherwise take place under section 49 will not take place.

41   Advising staff member of decision to deal with corruption issue on own initiative

                   If:

                     (a)  the Integrity Commissioner decides, on his or her own initiative, to deal with a corruption issue in one of the ways referred to in subsection 26(1) or 29(6); and

                     (b)  the corruption issue relates to a person who is, or has been, a staff member of a law enforcement agency;

the Integrity Commissioner may advise the person of:

                     (c)  the Integrity Commissioner’s decision to deal with the corruption issue in that way; and

                     (d)  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

Subdivision E Reconsidering how to deal with a corruption issue

42   Reconsidering how to deal with a corruption issue

             (1)  The Integrity Commissioner may, at any time, reconsider how a particular corruption issue should be dealt with.

             (2)  On that reconsideration, the Integrity Commissioner may:

                     (a)  if the corruption issue is not being dealt with in one of the ways referred to in subsection 26(1) or 29(6)—decide to deal with the corruption issue in one of the ways referred to in those subsections; or

                     (b)  if the corruption issue is being dealt with in one of the ways referred to in subsection 26(1) or 29(6)—decide to deal with the corruption issue in another of the ways referred to in those subsections, or to take no further action in relation to the corruption issue.

             (3)  The Integrity Commissioner may decide under subsection (2) to take no further action in relation to the corruption issue only if he or she is satisfied that:

                     (a)  the corruption issue is already being, or will be, investigated by:

                              (i)  a law enforcement agency; or

                             (ii)  a government agency; or

                            (iii)  an integrity agency for a State or Territory; or

                     (b)  the referral of the allegation, or information, that raises the corruption issue is frivolous or vexatious; or

                     (d)  the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court; or

                     (e)  further investigation of the corruption issue is not warranted having regard to all the circumstances.

             (4)  If, on that reconsideration, the Integrity Commissioner decides to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6), the Integrity Commissioner may direct the head of the law enforcement agency to which the corruption issue relates that the agency is not to investigate the corruption issue.

             (5)  A direction under subsection (4) is not a legislative instrument.