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Law Enforcement Integrity Commissioner Bill 2006

Part 7 Investigations by other Commonwealth agencies

Division 1 Nominated contact for investigations by law enforcement agencies

60   Nominating contact for investigation

             (1)  If the Integrity Commissioner decides to deal with a corruption issue by:

                     (a)  referring the corruption issue to a law enforcement agency for investigation; or

                     (b)  managing or overseeing an investigation of the corruption issue by a law enforcement agency;

the head of the agency may nominate a staff member of the agency as the contact for the investigation.

Note:          If the head of the agency does not nominate someone under this subsection, the head of the agency is the nominated contact for the investigation (see the definition of nominated contact in subsection 5(1)).

             (2)  The nomination must be made by notice in writing to the Integrity Commissioner.



 

Division 2 Managing or overseeing investigations by law enforcement agencies

61   Managing an investigation

             (1)  The Integrity Commissioner manages an investigation of a corruption issue by a law enforcement agency by giving the agency’s nominated contact for the investigation detailed guidance about the planning, and carrying out, of the investigation.

Note:          The Integrity Commissioner can request the agency to provide information about the investigation under sections 63 and 64.

             (2)  In managing the investigation, the Integrity Commissioner must not give directions directly to any other staff members of the agency.

             (3)  The head of the agency must ensure that:

                     (a)  the agency adheres to the Integrity Commissioner’s detailed guidance in planning and carrying out the investigation; and

                     (b)  the staff members of the agency cooperate with the Integrity Commissioner in relation to the planning and carrying out the investigation.

62   Overseeing an investigation

             (1)  The Integrity Commissioner oversees an investigation of a corruption issue by a law enforcement agency by giving the agency’s nominated contact for the investigation general guidance about the planning, and carrying out, of the investigation.

             (2)  In overseeing the investigation, the Integrity Commissioner must not give directions directly to any other staff members of the agency.

             (3)  The head of the agency must ensure that the agency follows the Integrity Commissioner’s general guidance in relation to the planning and carrying out the investigation.



 

Division 3 Reporting

Subdivision A Reporting by law enforcement agencies during investigations

63   Integrity Commissioner may request individual progress report

             (1)  If a law enforcement agency is investigating a corruption issue, the Integrity Commissioner may request:

                     (a)  if the Integrity Commissioner referred the corruption issue to the agency for investigation or is managing or overseeing the investigation—the nominated contact for the investigation; or

                     (b)  in any other case—the head of the agency;

to give him or her a progress report on the investigation.

             (2)  The request:

                     (a)  must be in writing; and

                     (b)  must specify the date by which the progress report must be given to the Integrity Commissioner; and

                     (c)  may specify particular matters in relation to the investigation that the report is to address.

The date specified under paragraph (b) must be at least 7 days after the request is made.

             (3)  The nominated contact, or the head of the agency, must comply with the request.

64   Integrity Commissioner may request periodic progress reports

             (1)  If a law enforcement agency is investigating a corruption issue, the Integrity Commissioner may request:

                     (a)  if the Integrity Commissioner referred the corruption issue to the agency for investigation or is managing or overseeing the investigation—the nominated contact for the investigation; or

                     (b)  in any other case—the head of the agency;

to give him or her periodic progress reports on the investigation.

             (2)  The request:

                     (a)  must be in writing; and

                     (b)  must specify the frequency with which the reports are to be given and the periods to which they are to relate; and

                     (c)  may specify particular matters in relation to the investigation that the reports are to address.

             (3)  The nominated contact, or the head of the agency, must comply with the request.

65   Head of law enforcement agency 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 refers the corruption issue to a law enforcement agency under paragraph 26(1)(b) or (c) for investigation;

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

Person who referred issue under section 23

             (2)  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 refers the corruption issue to a law enforcement agency under paragraph 26(1)(b) or (c) for investigation; 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 head of the agency must take such steps as the head of the agency considers reasonable to keep the person informed of the progress of the investigation of that corruption issue.

Subdivision B Reporting by Commonwealth government agencies at end of investigations

66   Final report on investigation

             (1)  After a Commonwealth government agency completes:

                     (a)  an investigation of a corruption issue; or

                     (b)  a further investigation of a corruption issue recommended by the Integrity Commissioner under section 67;

the head of the agency must cause a report on the investigation to be prepared.

             (2)  The report:

                     (a)  must set out:

                              (i)  the agency’s findings on the corruption issue; and

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

                            (iii)  what action (if any) the head of the agency has taken, or proposes to take, to address those findings; and

                            (iv)  if action is to be taken—the reasons for the proposed action; and

                     (b)  if the agency is the AFP and the corruption issue relates to another law enforcement agency—may also set out recommendations to the head of the other law enforcement agency.

             (3)  The head of the agency must give a copy of the report to the Integrity Commissioner as soon as reasonably practicable after the investigation or further investigation is completed.

             (4)  If the Commissioner of the AFP causes a report to be prepared on an investigation that relates to another law enforcement agency, the Commissioner of the AFP must also give a copy of the report to the head of that other law enforcement agency at the same time as a copy of the report is given to the Integrity Commissioner.

67   Integrity Commissioner may comment on final report

Integrity Commissioner may make comments or recommendations

             (1)  The Integrity Commissioner may, if he or she thinks fit, make comments or recommendations on any matter relating to or arising out of:

                     (a)  a report given to the Integrity Commissioner by the head of a Commonwealth government agency under section 66; or

                     (b)  the investigation to which the report relates.

Note:          Under section 42, the Integrity Commissioner could, after receiving the report, reconsider how the corruption issue should be dealt with.

             (2)  The Integrity Commissioner must put any such comments or recommendations in writing and give them to the head of the Commonwealth government agency.

             (3)  If:

                     (a)  the Commonwealth government agency that gives the report to the Integrity Commissioner is the AFP; and

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

the Integrity Commissioner must also give the comments or recommendations to the head of that other law enforcement agency.

             (4)  Without limiting subsection (1), the Integrity Commissioner may recommend that:

                     (a)  the head of a Commonwealth government agency take appropriate action with a view to having a person charged with a criminal offence; or

                     (b)  the head of a Commonwealth government agency take appropriate action:

                              (i)  to initiate disciplinary proceedings against a person; or

                             (ii)  to determine whether a person’s employment or appointment should be terminated; or

                     (c)  the Commonwealth government agency that gave the report to the Integrity Commissioner investigate the corruption issue further.

Note:          Under section 42, the Integrity Commissioner could, instead of recommending that the agency investigate the corruption issue further, decide that the corruption issue should be dealt with in another way.

Request for details of action to be taken

             (5)  The Integrity Commissioner may request the head of the Commonwealth government agency to which the Integrity Commissioner’s recommendations are directed 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 the recommendations.

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

             (7)  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.

             (8)  If the Integrity Commissioner refers material to a Minister under subsection (7), 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.

Section 149 certified information and sensitive information

             (9)  The Integrity Commissioner must exclude section 149 certified information from the copy of the material sent under subsection (8).

           (10)  The Integrity Commissioner may exclude information from the copy of the material sent under subsection (8) 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.

           (11)  In deciding whether to exclude information from the copy of the material sent under subsection (8), 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.

           (12)  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.

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

             (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; and

                     (c)  the Integrity Commissioner:

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

                             (ii)  refers the corruption issue to a Commonwealth government agency under paragraph 29(6)(a) for investigation;

the head of the agency must advise the person of the outcome of the investigation of the corruption issue.

             (2)  Without limiting subsection (1), the head of the agency may advise the person by giving the person a copy of the whole or a part of the report prepared in relation to the investigation under section 66.

             (3)  However, the head of the agency need not advise the person if the head of the agency 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).

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

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

             (1)  If a Commonwealth government agency investigates a corruption issue that relates to a person who is, or has been, a staff member of a law enforcement agency, the head of the Commonwealth government agency may advise the person of the outcome of the investigation.

             (2)  Without limiting subsection (1), the head of the Commonwealth government agency may advise the person by giving the person a copy of the whole or a part of the report prepared in relation to the investigation under section 66.



 

Division 4 Integrity Commissioner to pass on information relevant to agency

70   Integrity Commissioner to pass on information relevant to agency investigation

             (1)  If:

                     (a)  a government agency is investigating a corruption issue; and

                     (b)  either:

                              (i)  the Integrity Commissioner referred the corruption issue to the agency for investigation; or

                             (ii)  the head of the agency notified the Integrity Commissioner of the corruption issue under section 19; and

                     (c)  the Integrity Commissioner becomes aware of information that is relevant to the corruption issue; and

                     (d)  the head of the agency does not already have the information;

the Integrity Commissioner must give the information to the head of the agency.

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