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Law Enforcement Integrity Commissioner Bill 2006

Part 10 Dealing with evidence and information obtained in investigation or public inquiry

   

142   Evidence of offence or liability to civil penalty

Commonwealth offence or civil penalty

             (1)  If, in investigating a corruption issue or conducting a public inquiry, the Integrity Commissioner obtains:

                     (a)  evidence of an offence against a law of the Commonwealth that would be admissible in a prosecution for the offence; or

                     (b)  evidence of the contravention of a law of the Commonwealth:

                              (i)  in relation to which civil penalty proceedings may be brought; and

                             (ii)  that would be admissible in civil penalty proceedings for the contravention;

the Integrity Commissioner must:

                     (c)  assemble the evidence; and

                     (d)  give the evidence to:

                              (i)  the Commissioner of the AFP; or

                             (ii)  another person or authority who is authorised by or under a law of the Commonwealth to prosecute the offence or bring the civil penalty proceedings.

State or Territory offence or civil penalty

             (2)  If, in investigating a corruption issue or conducting a public inquiry, the Integrity Commissioner obtains:

                     (a)  evidence of an offence against a law of a State or Territory that would be admissible in a prosecution for the offence; or

                     (b)  evidence of the contravention of a law of a State or Territory:

                              (i)  in relation to which civil penalty proceedings may be brought; and

                             (ii)  that would be admissible in civil penalty proceedings for the contravention;

the Integrity Commissioner must:

                     (c)  assemble the evidence; and

                     (d)  give the evidence to:

                              (i)  the head (however described) of the police force of the State or Territory; or

                             (ii)  another person or authority who is authorised by or under a law of the State or Territory to prosecute the offence or bring the civil penalty proceedings.

143   Evidence that could be used in confiscation proceedings

Commonwealth proceedings

             (1)  If, in investigating a corruption issue or conducting a public inquiry, the Integrity Commissioner obtains evidence that would be admissible in a proceeding under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 (other than a criminal prosecution for an offence under that Act), the Integrity Commissioner must:

                     (a)  assemble the evidence; and

                     (b)  give the evidence to:

                              (i)  the Commissioner of the AFP; or

                             (ii)  another person or authority who is authorised by or under a law of the Commonwealth to bring the proceeding.

State or Territory proceedings

             (2)  If, in investigating a corruption issue or conducting a public inquiry, the Integrity Commissioner obtains evidence that would be admissible in a proceeding under a corresponding law within the meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 (other than a criminal prosecution for an offence under the corresponding law), the Integrity Commissioner must:

                     (a)  assemble the evidence; and

                     (b)  give the evidence to:

                              (i)  the head (however described) of the police force of the State or Territory; or

                             (ii)  another person or authority who is authorised by or under a law of the State or Territory to bring the proceeding.

144   Consultation with law enforcement agency head before taking action under section 142 or 143

             (1)  This section applies if the Integrity Commissioner proposes to take action under section 142 or 143 in relation to an investigation of a corruption issue that relates to a law enforcement agency.

             (2)  The Integrity Commissioner must take reasonable steps to consult the head of the law enforcement agency before taking the action.

             (3)  If:

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

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

the Integrity Commissioner must also take reasonable steps to consult the head of the home agency before taking the action.

             (4)  If:

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

                     (b)  the secondee is an employee of a State or Territory government agency;

the Integrity Commissioner must also take reasonable steps to consult the head of the integrity agency (if any) for that State or Territory before taking the action.

             (5)  However, the Integrity Commissioner need not consult a person under subsection (2), (3) or (4) 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).

             (6)  If the Integrity Commissioner does not consult a person because of subsection (5), the Integrity Commissioner must:

                     (a)  inform the Minister that the person has not been consulted; and

                     (b)  give the Minister the Integrity Commissioner’s reasons for not consulting the person.

145   Notification of action taken under section 142 or 143

             (1)  This section applies if the Integrity Commissioner takes action under section 142 or 143 in relation to the investigation of a corruption issue that relates to a law enforcement agency.

             (2)  The Integrity Commissioner must inform the head of the law enforcement agency that the action has been taken.

             (3)  If:

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

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

the Integrity Commissioner must inform the head of the home agency that the action has been taken.

             (4)  If:

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

                     (b)  the secondee is an employee of a State or Territory government agency;

the Integrity Commissioner must also inform the head of the integrity agency (if any) for that State or Territory that the action has been taken.

             (5)  However, the Integrity Commissioner need not inform a person under subsection (2), (3) or (4) 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).

             (6)  If the Integrity Commissioner does not inform a person because of subsection (5), the Integrity Commissioner must:

                     (a)  inform the Minister that the person has not been informed; and

                     (b)  give the Minister the Integrity Commissioner’s reasons for not informing the person.

146   Evidence of breach of duty or misconduct by staff member

Passing evidence on to head of law enforcement agency

             (1)  If:

                     (a)  the Integrity Commissioner, in investigating a corruption issue or conducting a public inquiry, obtains evidence of a breach of duty or misconduct by a staff member of a law enforcement agency; and

                     (b)  the Integrity Commissioner is satisfied that the evidence may justify:

                              (i)  terminating the staff member’s employment or, if the staff member is a secondee to the law enforcement agency, the staff member’s secondment; or

                             (ii)  initiating disciplinary proceedings against the staff member; and

                     (c)  the Integrity Commissioner is satisfied that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so;

the Integrity Commissioner must bring the evidence to the notice of the head of the law enforcement agency.

Passing evidence on to head of secondee’s home agency

             (2)  If:

                     (a)  the Integrity Commissioner, in investigating a corruption issue or conducting a public inquiry, obtains evidence of a breach of duty or misconduct by a staff member of a law enforcement agency; and

                     (b)  the staff member is a secondee to the law enforcement agency; and

                     (c)  the secondee is an employee of a government agency (the home agency ); and

                     (d)  the Integrity Commissioner is satisfied that the evidence may justify:

                              (i)  terminating the secondee’s employment; or

                             (ii)  initiating disciplinary proceedings against the secondee; and

                     (e)  the Integrity Commissioner is satisfied that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so;

the Integrity Commissioner must bring the evidence to the notice of:

                      (f)  the head of the home agency; and

                     (g)  if the home agency is a State or Territory government agency—the integrity agency (if any) for that State or Territory.

147   Evidence of, or information suggesting, wrongful conviction

Commonwealth offence

             (1)  If the Integrity Commissioner:

                     (a)  in investigating a corruption issue or conducting a public inquiry, obtains evidence that a person was wrongly convicted of an offence against a law of the Commonwealth; and

                     (b)  is satisfied that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so;

the Integrity Commissioner must:

                     (c)  bring the evidence to the notice of the Minister; and

                     (d)  advise the person that the Integrity Commissioner has must brought the evidence to the notice of the Minister.

State or Territory offence

             (2)  If the Integrity Commissioner:

                     (a)  in investigating a corruption issue or conducting a public inquiry, obtains evidence that a person was wrongly convicted of an offence against a law of a State or Territory; and

                     (b)  is satisfied that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so;

the Integrity Commissioner must:

                     (c)  bring the evidence to the notice of the Minister; and

                     (d)  advise the person that the Integrity Commissioner has brought the evidence to the notice of the Minister.