Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

 Download WordDownload Word  Download PDFDownload PDF 


Bill home page
Table Of Contents
Previous Fragment    Next Fragment
Law Enforcement Integrity Commissioner Bill 2006

Part 6 Investigations by Integrity Commissioner

Division 1 Investigation

47   Application of Division

                   This Division applies if the Integrity Commissioner investigates a corruption issue (whether alone or jointly with another person or persons).

48   Integrity Commissioner to determine manner of conducting investigation

                   The Integrity Commissioner may conduct the investigation in such manner as the Integrity Commissioner thinks fit.

Note:          Part 9 provides for particular powers that are available to the Integrity Commissioner for the purposes of the investigation.

49   Coordinating Integrity Commissioner’s investigation and law enforcement operations

             (1)  If the Integrity Commissioner informs the head of a law enforcement agency under section 35 that the Integrity Commissioner has decided to investigate a corruption issue that relates to the agency, the Integrity Commissioner must consult, from time to time, with the head of the agency and take reasonable steps to ensure that the investigation does not prejudice the agency’s law enforcement operations.

             (2)  If the Integrity Commissioner informs the head of a government agency under section 36 that the Integrity Commissioner has decided to investigate a corruption issue, the Integrity Commissioner may consult, from time to time, with the head of the government agency with a view to taking reasonable steps to ensure that the investigation does not prejudice the government agency’s law enforcement operations.

Note:          The government agency may be the integrity agency for a State or Territory (see subsection 36(3)).

50   Information sharing for joint investigation

             (1)  If:

                     (a)  the Integrity Commissioner is investigating a corruption issue jointly with:

                              (i)  a law enforcement agency; or

                             (ii)  a government agency; or

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

                     (b)  information or documents in relation to the investigation are in the possession, or under the control, of the Integrity Commissioner; and

                     (c)  the head of the agency does not already have the information or documents;

the Integrity Commissioner may give the head of the agency the information or documents.

             (2)  Subsection (1) has effect subject to section 152 (which deals with section 149 certified information).

             (3)  The Integrity Commissioner may give the head of the agency the original or a copy of a document under subsection (1).

51   Opportunity to be heard

Opinion or finding critical

             (1)  Subject to subsection (2), the Integrity Commissioner must not include in a report under section 54 in relation to an investigation of a corruption issue an opinion or finding that is critical of a government agency or person (either expressly or impliedly) unless the Integrity Commissioner has taken the action required by subsection (3) or (4) before completing the investigation.

             (2)  Subsection (1) does not apply if the Integrity Commissioner is satisfied that:

                     (a)  a person may have:

                              (i)  committed a criminal offence; or

                             (ii)  contravened a civil penalty provision; or

                            (iii)  engaged in conduct that could be the subject of disciplinary proceedings; or

                            (iv)  engaged in conduct that could be grounds for terminating the person’s appointment or employment; and

                     (b)  taking action under subsection (3) or (4) would compromise the effectiveness of:

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

                             (ii)  any action taken as a result of an investigation referred to in subparagraph (i).

Opportunity to appear and make submissions

             (3)  If the opinion or finding is critical of an agency, the Integrity Commissioner must give the head of the agency:

                     (a)  a statement setting out the opinion or finding; and

                     (b)  a reasonable opportunity to appear before him or her and to make submissions in relation to the opinion or finding.

             (4)  If the opinion or finding is critical of a person, the Integrity Commissioner must give the person:

                     (a)  a statement setting out the opinion or finding; and

                     (b)  a reasonable opportunity to appear before him or her and to make submissions in relation to the opinion or finding.

             (5)  Submissions under subsection (3) or (4) may be made orally or in writing.

Representation

             (6)  The head of an agency may:

                     (a)  appear before the Integrity Commissioner personally; or

                     (b)  authorise another person to appear before the Integrity Commissioner on his or her behalf.

             (7)  A person referred to in subsection (4):

                     (a)  may appear before the Integrity Commissioner personally; or

                     (b)  may, with the Integrity Commissioner’s approval, be represented by another person.



 

Division 2 Reporting

Subdivision A Reporting during investigation

52   Integrity Commissioner to keep person who referred corruption issue informed of progress of investigation

Minister

             (1)  If:

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

                     (b)  the Integrity Commissioner investigates the corruption issue;

the Integrity Commissioner must take such steps as the Integrity Commissioner considers reasonable to keep the Minister informed of the progress of the investigation of that corruption issue.

Head of law enforcement agency

             (2)  If:

                     (a)  the head of a law enforcement agency notifies the Integrity Commissioner of a corruption issue under section 19; and

                     (b)  the Integrity Commissioner investigates the corruption issue;

the Integrity Commissioner must take such steps as the Integrity Commissioner considers reasonable to keep the head of the agency informed of the progress of the investigation of that corruption issue.

Person who refers issue under section 23

             (3)  If:

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

                     (b)  the Integrity Commissioner investigates the corruption issue; and

                     (c)  the person elects under section 25 to be kept informed of the action taken in relation to the corruption issue and has not revoked the election;

the Integrity Commissioner must take such steps as the Integrity Commissioner considers reasonable to keep the person informed of the progress of the investigation of that corruption issue.

53   Integrity Commissioner to keep home agency and integrity agency informed of progress of investigation

             (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 ).

             (2)  If the Integrity Commissioner informs the head of the home agency of the corruption issue under subsection 29(2), the Integrity Commissioner must take such steps as the Integrity Commissioner considers reasonable to keep the head of the home agency informed of the progress of the investigation of that corruption issue.

             (3)  If:

                     (a)  if the secondee is from the police force of a State or Territory; and

                     (b)  the Integrity Commissioner informs the head of the integrity agency (if any) for the State or Territory of the corruption issue under subsection 29(2);

the Integrity Commissioner must take such steps as the Integrity Commissioner considers reasonable to keep the head of the integrity agency informed of the progress of the investigation of that corruption issue.

Subdivision B Reporting at the end of investigation

54   Report on investigation

Report and its contents

             (1)  After completing an investigation of a corruption issue that relates to a law enforcement agency, the Integrity Commissioner must prepare a report on the investigation.

             (2)  The report must set out:

                     (a)  the Integrity Commissioner’s findings on the corruption issue; and

                     (b)  the evidence and other material on which those findings are based; and

                     (c)  any action that the Integrity Commissioner has taken, or proposes to take, under Part 10 in relation to the investigation; and

                     (d)  any recommendations that the Integrity Commissioner thinks fit to make and, if recommendations are made, the reasons for those recommendations.

This subsection has effect subject to subsections (4), (5) and (6).

Note:          See section 51 for the need for the Integrity Commissioner to give certain people an opportunity to be heard before including critical statements in a report.

             (3)  Without limiting paragraph (2)(d), the Integrity Commissioner may recommend that the head of the law enforcement agency consider:

                     (a)  taking action in relation to any staff member of the agency, in accordance with the procedures of the agency, with a view to the staff member improving his or her performances; or

                     (b)  terminating a staff member’s employment in accordance with the procedures of the agency; or

                     (c)  taking action to rectify or mitigate the effects of the conduct of a staff member of the agency; or

                     (d)  adopting measures to remedy deficiencies in policy or practice that facilitated:

                              (i)  an unsuitable person becoming a staff member of the agency; or

                             (ii)  a staff member of the agency engaging in corrupt conduct; or

                            (iii)  the failure to detect corrupt conduct engaged in by a staff member of the agency.

Section 149 certified information and sensitive information

             (4)  The Integrity Commissioner must exclude section 149 certified information from the report if one or more public hearings were held in the course of the investigation to which the report relates.

Note:          Under section 203, the report must be laid before each House of the Parliament.

             (5)  The Integrity Commissioner may exclude information from the report if the Integrity Commissioner is satisfied that:

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

                     (b)  it is desirable in the circumstances to exclude the information from the report.

             (6)  In deciding whether to exclude information from the report prepared under subsection (5), the Integrity Commissioner must seek to achieve an appropriate balance between:

                     (a)  the public interest that would be served by including the information in the report; and

                     (b)  the prejudicial consequences that might result from including the information in the report.

Supplementary report

             (7)  If the Integrity Commissioner excludes information from a report prepared under subsection (4) or (5), the Integrity Commissioner must prepare a supplementary report that sets out:

                     (a)  the information; and

                     (b)  the reasons for excluding the information from the report prepared under subsection (4) or (5).

55   Integrity Commissioner to give report to certain persons

             (1)  The Integrity Commissioner must give the Minister:

                     (a)  the report prepared under subsection 54(1); and

                     (b)  if a supplementary report is prepared under subsection 54(7) in relation to the investigation—the supplementary report.

Note:          Section 203 provides that the Minister must lay a copy of the report prepared under subsection 54(1) before each House of the Parliament if a public hearing has been held in the course of the investigation to which the report relates. The Minister is not required, however, to lay a copy of a supplementary report under subsection 54(7) before each House of the Parliament.

             (2)  Subject to subsection (5), the Integrity Commissioner:

                     (a)  must give the head of a law enforcement agency a copy of a report prepared under subsection 54(1) in relation to a corruption issue; and

                     (b)  may give the head of a law enforcement agency a copy of the whole or a part of a supplementary report prepared under subsection 54(7) in relation to the investigation of a corruption issue;

to the extent to which the report relates to the law enforcement agency.

             (3)  Subject to subsection (5), 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 ); and

                     (c)  the Integrity Commissioner informs the head of the home agency of the corruption issue under subsection 29(2);

the Integrity Commissioner:

                     (d)  must give the head of the home agency a copy of a report prepared under subsection 54(1) in relation to the corruption issue; and

                     (e)  may give the head of the home agency a copy of the whole or a part of a supplementary report prepared under subsection 54(7) in relation to the investigation of the corruption issue;

to the extent to which the report relates to the law enforcement agency.

             (4)  Subject to subsection (5), 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 the police force of a State or Territory; and

                     (c)  the Integrity Commissioner informs the head of the integrity agency (if any) for the State or Territory of the corruption issue under subsection 29(2);

the Integrity Commissioner:

                     (d)  must give the head of the integrity agency a copy of a report prepared under subsection 54(1) in relation to the corruption issue; and

                     (e)  may give the head of the integrity agency a copy of the whole or a part of a supplementary report prepared under subsection 54(7) in relation to the investigation of the corruption issue;

to the extent to which the report relates to the law enforcement agency.

             (5)  The Integrity Commissioner must not include information in a copy of a report given to a person under subsection (2), (3) or (4) if:

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

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

56   Comments by head of agency

                   If the Integrity Commissioner gives the head of a law enforcement agency a copy of a report, or a supplementary report, under section 55, the head of the agency may give the Integrity Commissioner such comments concerning the report, or supplementary report, as he or she wishes to make.

57   Follow-up action on report

             (1)  The Integrity Commissioner may request the head of a law enforcement agency to whom a report is given under subsection 55(2) to give the Integrity Commissioner, within a specified time, details of any action that the head of the agency proposes to take with respect to a recommendation included in the report.

             (2)  The head of the agency must comply with the request.

             (3)  If the Integrity Commissioner is not satisfied with the response of the head of the agency to the request, the Integrity Commissioner may refer to the responsible Minister for the agency:

                     (a)  the Integrity Commissioner’s recommendation and the reasons for that recommendation; and

                     (b)  the response of the head of the agency to the recommendation; and

                     (c)  the Integrity Commissioner’s reasons for not being satisfied with that response.

             (4)  If the Integrity Commissioner refers material to a Minister under subsection (3), the Integrity Commissioner may also send a copy of that material to:

                     (a)  the President of the Senate for presentation to the Senate; and

                     (b)  the Speaker of the House of Representatives for presentation to the House of Representatives.

             (5)  The Integrity Commissioner must exclude section 149 certified information from the copy of the material sent under subsection (4).

             (6)  The Integrity Commissioner may exclude information from the copy of the material sent under subsection (4) if the Integrity Commissioner is satisfied that:

                     (a)  the information is sensitive information; and

                     (b)  it is desirable in the circumstances to exclude the information from the material sent.

             (7)  In deciding whether to exclude information from the copy of the material sent under subsection (4), the Integrity Commissioner must seek to achieve an appropriate balance between:

                     (a)  the public interest that would be served by including the information in the material sent; and

                     (b)  the prejudicial consequences that might result from including the information in the material sent.

             (8)  After the material is presented to the Parliament, the Integrity Commissioner may discuss any matter to which the material relates with the head of the agency for the purpose of resolving the matter.

58   Advising person who referred corruption issue of outcome of the investigation

Advice to person who referred issue under section 23

             (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 and has not revoked the election;

the Integrity Commissioner must advise the person of the outcome of the investigation of the corruption issue.

Exception

             (2)  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).

Manner of giving advice

             (3)  If the Integrity Commissioner advises the person of the outcome of the investigation, the Integrity Commissioner may do so by giving the person a copy of the whole or a part of the report prepared in relation to the investigation under subsection 54(1).

             (4)  In advising the person of the outcome of the investigation, the Integrity Commissioner:

                     (a)  must not disclose section 149 certified information to the person if the disclosure of the information to the person would be contravene the certificate issued under section 149; and

                     (b)  may exclude information from the advice if the Integrity Commissioner is satisfied that:

                              (i)  the information is sensitive information; and

                             (ii)  it is desirable in the circumstances to exclude the information from the advice.

             (5)  In deciding whether to exclude information from the advice under paragraph (4)(b), the Integrity Commissioner must seek to achieve an appropriate balance between:

                     (a)  the person’s interest in having the information included in the advice; and

                     (b)  the prejudicial consequences that might result from including the information in the advice.

Advice to nominated person

             (6)  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.

59   Advising person whose conduct is investigated of outcome of the investigation

             (1)  If the Integrity Commissioner investigates 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 outcome of the investigation.

             (2)  Without limiting subsection (1), the Integrity Commissioner may advise the person of the outcome of the investigation by giving the person a copy of the whole or a part of the report prepared in relation to the investigation under subsection 54(1).

             (3)  In advising the person under subsection (1), the Integrity Commissioner:

                     (a)  must not disclose section 149 certified information to the person if the disclosure of the information to the person would contravene the certificate issued under section 149; and

                     (b)  may exclude information from the advice if the Integrity Commissioner is satisfied that:

                              (i)  the information is sensitive information; and

                             (ii)  it is desirable in the circumstances to exclude the information from the advice.

             (4)  In deciding whether to exclude information from the advice under paragraph (3)(b), the Integrity Commissioner must seek to achieve an appropriate balance between:

                     (a)  the person’s interest in having the information included in the advice; and

                     (b)  the prejudicial consequences that might result from including the information in the advice.