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Law Enforcement Integrity Commissioner Bill 2006

Part 8 Public inquiries into corruption issues

Division 1 Conducting a public inquiry

71   Minister may request Integrity Commissioner to conduct public inquiry

                   The Minister may request the Integrity Commissioner to conduct a public inquiry into all or any of the following:

                     (a)  a corruption issue or issues;

                     (b)  an issue or issues about corruption generally in law enforcement agencies;

                     (c)  an issue or issues about the integrity of staff members of law enforcement agencies.

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

72   Publicising inquiry

             (1)  The Integrity Commissioner must invite submissions on the issues that are to be the subject of the public inquiry.

Note:          Subsection 104A(1) provides certain protections for people who make submissions.

             (2)  The invitation must specify the closing date for submissions.


Division 2 Reporting

73   Report on public inquiry

Report and its contents

             (1)  After conducting a public inquiry, the Integrity Commissioner must prepare a report on the inquiry.

             (2)  The report must set out:

                     (a)  the Integrity Commissioner’s findings as a result of the public inquiry; 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 inquiry; and

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

             (3)  The Integrity Commissioner must exclude section 149 certified information from the report.

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

Section 149 certified information and sensitive information

             (4)  The Integrity Commissioner may exclude information from the report 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 report.

             (5)  In deciding whether to exclude information from the report prepared 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 report; and

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

Supplementary report

             (6)  If, under subsection (4) or (5), the Integrity Commissioner excludes information from a report prepared under subsection (1), 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 (1).

74   Giving report to Minister

                   The Integrity Commissioner must give the Minister:

                     (a)  the report prepared under subsection 73(1); and

                     (b)  if a supplementary report is prepared under subsection 73(6)—the supplementary report.

Note:          Section 203 provides that the Minister must lay a copy of the report prepared under subsection 73(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 73(6) before each House of the Parliament.