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Law Enforcement Integrity Commissioner Bill 2006

Part 15 Miscellaneous

   

219   Delegation

Delegation to an Assistant Integrity Commissioner

             (1)  The Integrity Commissioner may delegate all or any of his or her functions or powers to an Assistant Integrity Commissioner.

             (2)  Subsection (1) does not apply to the power to hold a hearing for the purpose of conducting a public inquiry.

Delegation to certain staff members of ACLEI

             (3)  The Integrity Commissioner may delegate all or any of his or her functions or powers to a staff member of ACLEI who is an SES employee or acting SES employee.

             (4)  Subsection (3) does not apply to:

                     (a)  the power to hold a hearing for the purpose of conducting a public inquiry; or

                     (b)  a power under Division 1, 2 or 3 of Part 9.

Form of delegation

             (5)  A delegation under this section must be in writing and signed by the Integrity Commissioner.

220   Offence of victimisation

             (1)  A person commits an offence if the person causes, or threatens to cause, detriment to another person (the victim ) on the ground that the victim, or any other person:

                     (a)  has referred, or may refer, to the Integrity Commissioner an allegation, or information, that raises a corruption issue; or

                     (b)  has referred, or may refer, to the Minister an allegation, or information, that raises an ACLEI corruption issue; or

                     (c)  has notified, or may notify, the Integrity Commissioner of an allegation, or information, that raises an ACLEI corruption issue; or

                     (d)  has given, or may give, information to the Integrity Commissioner or a special investigator; or

                     (e)  has produced, or may produce, a document or thing to the Integrity Commissioner or a special investigator.

Penalty:  Imprisonment for 2 years.

             (2)  For the purpose of subsection (1), a threat may be:

                     (a)  express or implied; or

                     (b)  conditional or unconditional.

             (3)  In a prosecution for an offence against subsection (1), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

221   Legal and financial assistance in relation to applications for administrative review

             (1)  A person may apply to the Attorney-General for assistance in respect of the person’s application, or proposed application, to the Federal Court or the Federal Magistrates Court under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under this Act.

             (2)  The Attorney-General may, if he or she is satisfied that:

                     (a)  it would involve substantial hardship to the person to refuse the application; or

                     (b)  the circumstances of the case are of such a special nature that the application should be granted;

authorise the Commonwealth to provide the person with legal or financial assistance, determined by the Attorney-General, in respect of the person’s application to the Federal Court or the Federal Magistrates Court, as the case may be.

             (3)  Legal or financial assistance may be given:

                     (a)  unconditionally; or

                     (b)  subject to such conditions as the Attorney-General determines.

             (4)  An instrument that determines the conditions on which legal or financial assistance may be given is not a legislative instrument.

222   Immunity from civil proceedings

             (1)  A staff member of ACLEI is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith, in the performance or purported performance, or exercise or purported exercise, of the staff member’s functions, powers or duties under, or in relation to, this Act.

             (2)  A person whom the Integrity Commissioner requests, in writing, to assist a staff member of ACLEI is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith for the purpose of assisting the staff member.

             (3)  A special investigator is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith, in the performance or purported performance, or exercise or purported exercise, of the special investigator’s functions, powers or duties under, or in relation to, this Act.

             (4)  A person whom a special investigator requests, in writing, to assist the special investigator is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith for the purpose of assisting the special investigator.

             (5)  If:

                     (a)  information or evidence has been given to the Integrity Commissioner or a special investigator; or

                     (b)  a document or thing has been produced to the Integrity Commissioner or a special investigator;

a person is not liable to an action, suit or proceeding in respect of loss, damage or injury of any kind suffered by another person by reason only that the information or evidence was given or the document or thing was produced.

223   Immunities from certain State and Territory laws

                   The Integrity Commissioner, an Assistant Integrity Commissioner or a staff member of ACLEI is not required under, or by reason of, a law of a State or Territory:

                     (a)  to obtain or have a licence or permission for doing any act or thing in the exercise of his or her powers or the performance of his or her duties as the Integrity Commissioner, an Assistant Integrity Commissioner or a staff member of ACLEI; or

                     (b)  to register any vehicle, vessel, animal or article belonging to the Commonwealth.

223A   Review of operation of Act

Undertaking the review

             (1)  The Minister must cause an independent review to be undertaken of the first 3 years of the operation of this Act.

Report to Minister

             (2)  The persons undertaking the review must give the Minister a written report of the review within 6 months after the end of the 3-year period.

Submissions

             (3)  The review must include an opportunity for:

                     (a)  persons who are, or have been, staff members of law enforcement agencies; and

                     (b)  members of the public;

to make written submissions on the operation of this Act.

Assistance

             (4)  The Integrity Commissioner and staff members of ACLEI must, if requested to do so by the persons undertaking the review, assist them in:

                     (a)  conducting the review; and

                     (b)  preparing the written report.

Tabling of report

             (5)  The Minister must cause a copy of the report of the review to be laid before each House of the Parliament within 15 sitting days of that House.

Section not to apply if review conducted by Parliamentary committee

             (6)  However, this section does not apply if a committee of one or both Houses of the Parliament (including the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity) has reviewed the operation of this Act, or started such a review, before the end of the 3-year period.

Definition

             (7)  In this section:

independent review means a review undertaken by a person or persons who, in the Minister’s opinion, possess appropriate qualifications to undertake the review.

224   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  The regulations may require that information or reports that are required to be given under prescribed provisions are also to be given to prescribed persons in specified circumstances.

 

(37/06)