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
Part 9—Administrative provisions

Part 9 Administrative provisions

Division 1 Introduction

124   Guide to this Part

This Division is about:

       (a)     the appointment of the integrity officers; and

      (b)     the staff of the National Integrity Commission, who are engaged under the Public Service Act 1999 .

The National Integrity Commissioner may engage consultants.

The National Integrity Commissioner may delegate all or any of his or her functions or powers, other than the power to hold a hearing for the purpose of conducting a public inquiry, to an Assistant National Integrity Commissioner.

Division 2 Appointment etc. of the integrity officers

Subdivision A National Integrity Commissioner

125   Appointment of National Integrity Commissioner

             (1)  The National Integrity Commissioner is to be appointed by the Governor-General by written instrument.

Note:          The National Integrity Commissioner is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901 .

             (2)  Before the Prime Minister makes a recommendation to the Governor-General for the appointment of a person as the National Integrity Commissioner:

                     (a)  the Prime Minister must refer the proposed recommendation for the appointment to the Parliamentary Joint Committee on the National Integrity Commission under section 169; and

                     (b)  either:

                              (i)  the period that the committee has under that section to consider the proposed recommendation has ended without the committee rejecting the proposed recommendation; or

                             (ii)  the committee notifies the Prime Minister that it has decided to approve the proposed recommendation.

             (3)  Subject to section 126, a person may be proposed for appointment on more than one occasion.

             (4)  In this section and sections 168 and 169, appointment includes re-appointment.

126   General terms and conditions of appointment

             (1)  The National Integrity Commissioner holds office for the period specified in his or her instrument of appointment. The period must not exceed 5 years. The sum of the periods for which the National Integrity Commissioner holds office must not exceed 5 years.

             (2)  The National Integrity Commissioner holds office on a full-time basis.

             (3)  The National Integrity Commissioner holds office on the terms and conditions (if any), in relation to matters not covered by this Act, that are determined by the Governor-General.

127   Restriction on outside employment

                   The National Integrity Commissioner must not engage in paid employment outside the duties of his or her office without the Prime Minister’s approval.

128   Remuneration

             (1)  The National Integrity Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of remuneration by the Tribunal is in operation, the National Integrity Commissioner is to be paid the remuneration that is prescribed by the regulations.

             (2)  The National Integrity Commissioner is to be paid the allowances that are prescribed by the regulations.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

129   Leave of absence

             (1)  The National Integrity Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Prime Minister may grant the National Integrity Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Prime Minister determines.

130   Resignation

             (1)  The National Integrity Commissioner may resign his or her appointment by giving the Governor-General a written resignation.

             (2)  The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

131   Termination of appointment

             (1)  The Governor-General may terminate the appointment of the National Integrity Commissioner:

                     (a)  for misbehaviour; or

                     (b)  if the National Integrity Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Governor-General must terminate the appointment of the National Integrity Commissioner if any of the following apply:

                     (a)  the National Integrity Commissioner:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors;

                     (b)  the National Integrity Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;

                     (c)  the National Integrity Commissioner engages, except with the Prime Minister’s approval, in paid employment outside the duties of his or her office;

                     (d)  the National Integrity Commissioner fails, without reasonable excuse, to comply with section 133 (disclosure of interests).

132   Acting appointments

             (1)  The Prime Minister may, by written instrument, appoint a person to act as the National Integrity Commissioner:

                     (a)  during a vacancy in the office of the National Integrity Commissioner (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when National Integrity Commissioner:

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

             (2)  The Prime Minister may appoint the Law Enforcement Integrity Commissioner to act as the National Integrity Commissioner for the purposes of paragraph (1)(a) or (b).

             (3)  A person appointed to act during a vacancy mentioned in paragraph (1)(a) must not act for more than 12 months.

             (4)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because of any of the following:

                     (a)  the occasion for the appointment had not arisen;

                     (b)  there was a defect or irregularity in connection with the appointment;

                     (c)  the appointment had ceased to have effect;

                     (d)  the occasion to act had not arisen or had ceased.

Note:          See sections 20 and 33A of the Acts Interpretation Act 1901 .

133   Disclosure of interests

                   The National Integrity Commissioner must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the National Integrity Commissioner has or acquires and that conflict or could conflict with the proper performance of the national integrity commissioner functions.

Subdivision B Law Enforcement Integrity Commissioner

134   Appointment etc. of Law Enforcement Integrity Commissioner

                   Division 1 of Part 13 of the Law Enforcement Integrity Commissioner Act 2006 provides for the appointment and conditions of appointment of the Law Enforcement Integrity Commissioner.

Subdivision C Independent Parliamentary Advisor

135   Appointment of Independent Parliamentary Advisor

             (1)  The Independent Parliamentary Advisor is to be appointed by the Governor-General by written instrument.

Note:          The Independent Parliamentary Advisor is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901 .

             (2)  To be appointed as the Independent Parliamentary Advisor, a person must have a high level of knowledge and experience in parliamentary law and parliamentary privilege.

             (3)  Before the Prime Minister makes a recommendation to the Governor-General for the appointment of a person as the Independent Parliamentary Advisor, the Prime Minister must:

                     (a)  consult with the Senate Committee of Privileges and the House of Representatives Committee of Privileges and Members’ Interests by referring the proposed appointment to each committee for consideration; and

                     (b)  allow each committee at least 10 sitting days of the relevant House from the date of the referral for the committees to comment on the proposed appointment; and

                     (c)  take into account any comments the committees make in his or her decision whether to continue with the proposed recommendation or not.

136   General terms and conditions of appointment

             (1)  The Independent Parliamentary Advisor holds office for the period specified in his or her instrument of appointment. The period must not exceed 5 years. The sum of the periods for which the Independent Parliamentary Advisor holds office must not exceed 5 years.

             (2)  The Independent Parliamentary Advisor may be appointed on a full-time or part-time basis.

             (3)  The Independent Parliamentary Advisor holds office on the terms and conditions (if any), in relation to matters not covered by this Act, that are determined by the Governor-General.

137   Engaging in other paid employment

                   If the Independent Parliamentary Advisor is appointed on a full-time basis, the Independent Parliamentary Advisor must not engage in paid employment outside the duties of his or her office without the Prime Minister’s approval.

138   Remuneration

             (1)  The Independent Parliamentary Advisor is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of remuneration by the Tribunal is in operation, the Independent Parliamentary Advisor is to be paid the remuneration that is prescribed by the regulations.

             (2)  The Independent Parliamentary Advisor is to be paid the allowances that are prescribed by the regulations.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

139   Leave of absence

             (1)  The Independent Parliamentary Advisor has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Prime Minister may grant the Independent Parliamentary Advisor leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Prime Minister determines.

140   Resignation

             (1)  The Independent Parliamentary Advisor may resign his or her appointment by giving the Governor-General a written resignation.

             (2)  The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

141   Termination of appointment

             (1)  The Governor-General may terminate the appointment of the Independent Parliamentary Advisor:

                     (a)  for misbehaviour; or

                     (b)  if the Independent Parliamentary Advisor is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Governor-General must terminate the appointment of the Independent Parliamentary Advisor if any of the following apply:

                     (a)  the Independent Parliamentary Advisor:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors;

                     (b)  if the Independent Parliamentary Advisor is appointed on a full-time basis:

                              (i)  the Independent Parliamentary Advisor engages, except with the Prime Minister’s approval, in paid employment outside the duties of his or her office; or

                             (ii)  the Independent Parliamentary Advisor is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;

                     (c)  if the Independent Parliamentary Advisor is appointed on a part-time basis—the Independent Parliamentary Advisor is absent, except on leave of absence, to an extent that the Prime Minister considers excessive;

                     (d)  the Independent Parliamentary Advisor fails, without reasonable excuse, to comply with section 143 (disclosure of interests).

142   Acting appointments

             (1)  The Prime Minister may, by written instrument, appoint a person to act as the Independent Parliamentary Advisor:

                     (a)  during a vacancy in the office of the Independent Parliamentary Advisor (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Independent Parliamentary Advisor:

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

             (2)  The Prime Minister must not appoint the National Integrity Commissioner, an Assistant National Integrity Commissioner, the Law Enforcement Integrity Commissioner or an Assistant Law Enforcement Integrity Commissioner to act as the Independent Parliamentary Advisor for the purposes of paragraph (1)(a) or (b).

             (3)  A person appointed to act during a vacancy mentioned in paragraph (1)(a) must not act for more than 12 months.

             (4)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because of any of the following:

                     (a)  the occasion for the appointment had not arisen;

                     (b)  there was a defect or irregularity in connection with the appointment;

                     (c)  the appointment had ceased to have effect;

                     (d)  the occasion to act had not arisen or had ceased.

Note:          See sections 20 and 33A of the Acts Interpretation Act 1901 .

143   Disclosure of interests

                   The Independent Parliamentary Advisor must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the Independent Parliamentary Advisor has or acquires and that conflict or could conflict with the proper performance of the independent parliamentary advisor functions.

Division 3 Appointment etc. of Assistant National Integrity Commissioners

144   Appointment of Assistant National Integrity Commissioners

Appointment by Governor-General

                   An Assistant National Integrity Commissioner is to be appointed by the Governor-General by written instrument.

Note:          An Assistant National Integrity Commissioner is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901 .

145   General terms and conditions of appointment

             (1)  An Assistant National Integrity Commissioner holds office for the period specified in his or her instrument of appointment. The period must not exceed 5 years. The sum of the periods for which a person holds office as an Assistant National Integrity Commissioner holds office must not exceed 5 years.

             (2)  An Assistant National Integrity Commissioner may be appointed on either a full-time or part-time basis.

             (3)  A person holding office as an Assistant National Integrity Commissioner holds office on the terms and conditions (if any), in relation to matters not covered by this Act, that are determined by the Governor-General.

146   Engaging in other paid employment

             (1)  An Assistant National Integrity Commissioner appointed on a full-time basis must not engage in paid employment outside the duties of his or her office without the Prime Minister’s approval.

             (2)  An Assistant National Integrity Commissioner appointed on a part-time basis must not engage in paid employment that, in the Prime Minister’s opinion, conflicts or could conflict with the proper performance of the Assistant National Integrity Commissioner’s duties.

147   Remuneration

             (1)  An Assistant National Integrity Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an Assistant National Integrity Commissioner is to be paid the remuneration that is prescribed by the regulations.

             (2)  An Assistant National Integrity Commissioner is to be paid the allowances that are prescribed by the regulations.

             (3)  Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973 .

148   Leave of absence

             (1)  A full-time Assistant National Integrity Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Prime Minister may grant a full-time Assistant National Integrity Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Prime Minister determines.

             (3)  The National Integrity Commissioner may grant leave of absence to any part-time Assistant National Integrity Commissioner on the terms and conditions that the National Integrity Commissioner determines.

149   Resignation

             (1)  An Assistant National Integrity Commissioner may resign his or her appointment by giving the Governor-General a written resignation.

             (2)  The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

150   Termination of employment

             (1)  The Governor-General may terminate the appointment of an Assistant National Integrity Commissioner:

                     (a)  for misbehaviour; or

                     (b)  if the Assistant National Integrity Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Governor-General must terminate the appointment of an Assistant National Integrity Commissioner if any of the following apply:

                     (a)  the Assistant National Integrity Commissioner:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors;

                     (b)  if the Assistant National Integrity Commissioner is appointed on a full-time basis—the Assistant National Integrity Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;

                     (c)  if the Assistant National Integrity Commissioner is appointed on a part-time basis—the Assistant National Integrity Commissioner is absent, except on leave of absence, to an extent that the Prime Minister considers excessive;

                     (d)  the Assistant National Integrity Commissioner engages, except with the Prime Minister’s approval, in paid employment outside the duties of his or her office;

                     (e)  the Assistant National Integrity Commissioner fails, without reasonable excuse, to comply with section 152 (disclosure of interests).

151   Acting appointments

             (1)  The Prime Minister may appoint a person to act as an Assistant National Integrity Commissioner:

                     (a)  during a vacancy in the office of the Assistant National Integrity Commissioner (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Assistant National Integrity Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          See also section 33A of the Acts Interpretation Act 1901 , which contains extra rules about acting appointments.

             (2)  A person appointed to act during a vacancy mentioned in paragraph (1)(a) must not act for more than 12 months.

             (3)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

152   Disclosure of interests

                   An Assistant National Integrity Commissioner must give written notice to the Prime Minister of all interests (pecuniary or otherwise) that the Assistant National Integrity Commissioner has or acquires and that conflict or could conflict with the proper performance of the Assistant National Integrity Commissioner’s duties.

Division 4 Staff, consultants and delegations

153   Staff

             (1)  The staff of the National Integrity Commission must be persons appointed or engaged under the Public Service Act 1999 .

             (2)  The National Integrity Commissioner must, by writing, designate positions in Commission as positions assisting the Independent Parliamentary Advisor in the performance of the independent parliamentary advisor functions.

Note:          For creation of positions, see section 77 of the Public Service Act 1999 .

             (3)  A person in a position designated under subsection (2) must not be involved in assisting:

                     (a)  the National Integrity Commissioner in the performance of the national integrity commissioner functions; or

                     (b)  the Law Enforcement Integrity Commissioner in the performance of the law enforcement integrity commissioner functions.

154   Consultants

             (1)  The National Integrity Commissioner may engage persons having suitable qualifications and experience as consultants to the National Integrity Commission.

             (2)  A person may only be engaged for a period of up to 2 years. However, a person’s contract may be extended beyond 2 years for the sole purpose of completing a particular task or project begun in the initial 2-year period.

             (3)  Other terms and conditions of appointment are to be determined by the National Integrity Commissioner.

155   Delegation—National Integrity Commissioner

Delegation to an Assistant National Integrity Commissioner

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

             (3)  The National Integrity Commissioner may delegate all or any of his or her functions or powers to a staff member of the National Integrity Commission who is an SES employee or an 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 2 or 3 of Part 6.

Form of delegation

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

Division 5 Public reporting

156   Annual report

             (1)  The National Integrity Commissioner must give the Prime Minister, for presentation to each House of the Parliament, a report (the annual report ) on the performance of the national integrity commissioner functions during each financial year.

Note:          See also section 34C of the Acts Interpretation Act 1901 , which contains extra rules about annual reports.

             (2)  The annual report for the financial year must include the following:

                     (a)  the prescribed particulars of:

                              (i)  corruption issues raised by allegations or information referred to the National Integrity Commissioner under section 19 during that year; and

                             (ii)  corruption issues dealt with by the National Integrity Commissioner on his or her own initiative during that year; and

                            (iii)  corruption issues investigated by the National Integrity Commissioner during that year;

                     (b)  a description of investigations conducted by the National Integrity Commissioner during the financial year that the National Integrity Commissioner considers raise significant issues or developments in law enforcement;

                     (c)  a description, which may include statistics, of any patterns or trends, and the nature and scope, of corruption:

                              (i)  in Commonwealth agencies; or

                             (ii)  by public officials;

                            that have come to the National Integrity Commissioner’s attention during that year in the performance of the national integrity commissioner functions;

                     (d)  any recommendations for changes to:

                              (i)  the laws of the Commonwealth; or

                             (ii)  administrative practices of Commonwealth agencies;

                            that the National Integrity Commissioner, as a result of performing the national integrity commissioner functions during that year, considers should be made;

                     (e)  the extent to which investigations by the National Integrity Commissioner have resulted in the prosecution in that year of persons for offences;

                      (f)  the extent to which investigations by the National Integrity Commissioner have resulted in confiscation proceedings in that year;

                     (g)  details of the number and results of:

                              (i)  applications made to the Federal Court or the Federal Circuit Court under the Administrative Decisions (Judicial Review) Act 1977 for orders of review in respect of matters arising under this Act; and

                             (ii)  other court proceedings involving the National Integrity Commissioner;

                            being applications and proceedings that were determined, or otherwise disposed of, during that year.

157   Reports on investigations and public inquiries

             (1)  If:

                     (a)  both:

                              (i)  the National Integrity Commissioner gives the Prime Minister a report prepared under subsection 33(1); and

                             (ii)  one or more public hearings were held in the course of the investigation to which the report relates; or

                     (b)  the National Integrity Commissioner gives the Prime Minister a report prepared under subsection 40(1);

the Prime Minister must table the report in each House of the Parliament within 15 sitting days of that House after its receipt by the Prime Minister.

             (2)  Before the report is tabled in each House of the Parliament, the Prime Minister must remove information from the report if the Prime Minister is of the view that its inclusion may:

                     (a)  endanger a person’s life or physical safety; or

                     (b)  prejudice proceedings brought as a result of a corruption investigation or public inquiry; or

                     (c)  compromise operational activities, or methodologies, of the National Integrity Commission.

             (3)  To avoid doubt, the Prime Minister is not required by subsection (1) to cause a supplementary report prepared under subsection 33(6) or 40(5) to be tabled in either House of the Parliament.

158   Special reports

National Integrity Commissioner may give Prime Minister special reports

             (1)  The National Integrity Commissioner may, from time to time, give the Prime Minister, for presentation to the Parliament, a special report:

                     (a)  on the operations of the National Integrity Commission for a part of a financial year; or

                     (b)  on any matter relating to, or arising in connection with, the performance of the national integrity commissioner functions, or the exercise of the National Integrity Commissioner’s powers, under this Act; or

                     (c)  in accordance with subsection (2).

             (2)  The Prime Minister or a House of the Parliament may request the National Integrity Commissioner to, or the National Integrity Commissioner may, on his or her own initiative, prepare reports about the need for or the desirability of legislative or administrative action on issues in relation to:

                     (a)  corruption generally in Commonwealth agencies; or

                     (b)  the integrity of public officials;

whether those issues arose before or after the commencement of this Act.

             (3)  If the National Integrity Commissioner gives a special report to the Prime Minister under subsection (1), the Prime Minister must table the report in each House of the Parliament within 15 sitting days of that House after its receipt by the Prime Minister.

Opinion or finding critical of a government agency or person

             (4)  The National Integrity Commissioner must not disclose information in a special report prepared under subsection (1) that includes an opinion or finding that is critical of a government agency or person (either expressly or impliedly) unless the National Integrity Commissioner has taken the action required by subsection (5) or (6) before disclosing the information.

             (5)  If the opinion or finding is critical of a government agency, the National 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.

             (6)  If the opinion or finding is critical of a person, the National 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.

             (7)  The submissions may be made orally or in writing.

             (8)  The head of a government agency may:

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

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

             (9)  A person referred to in subsection (6):

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

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

159   Contents of annual or special report

             (1)  The National Integrity Commissioner may exclude information from an annual report under section 156, or a special report under section 158, if the National 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.

             (2)  In deciding whether to exclude information under subsection (1), the National 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.

Division 6 Confidentiality requirements

160   Confidentiality requirements for National Integrity Commission staff

             (1)  A person who is, or has been, a staff member of the National Integrity Commission commits an offence if:

                     (a)  the person (either directly or indirectly and either while he or she is, or after he or she ceases to be, a staff member of the National Integrity Commission):

                              (i)  makes a record of any information; or

                             (ii)  divulges or communicates any information; and

                     (b)  the person acquired the information:

                              (i)  because of his or her being a staff member of the National Integrity Commission; or

                             (ii)  in the course of the carrying out his or her duties as a staff member of the National Integrity Commission; and

                     (c)  the information was disclosed or obtained under the provisions of, or for the purposes of, this Act.

Penalty:  Imprisonment for 12 months or 60 penalty units, or both.

             (2)  Subsection (1) has effect subject to sections 161 and 162.

161   Exceptions to confidentiality requirements

Purposes connected with National Integrity Commissioner’s functions and powers

             (1)  Subsection 160(1) does not prevent a person from making a record of information, or divulging or communicating information, if the person:

                     (a)  acquired the information in the performance of his or her duties as a staff member of the National Integrity Commission; and

                     (b)  makes the record, or divulges or communicates the information:

                              (i)  for the purposes of a corruption investigation; or

                             (ii)  for purposes otherwise connected with the exercise of the powers, or the performance of the national integrity commissioner functions, under this Act.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code .

             (2)  Without limiting subsection (1), subsection 160(1) does not prevent a person from communicating information to another person if:

                     (a)  the person acquired the information in the performance of his or her duties as a staff member of the National Integrity Commission; and

                     (b)  a provision of this Act requires or permits the National Integrity Commissioner to communicate that information to the other person.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .

Giving information to relevant agency

             (3)  Subsection 160(1) does not prevent the National Integrity Commissioner from disclosing information to the following heads of agencies:

                     (a)  the Commonwealth Ombudsman;

                     (b)  an Ombudsman of a State or Territory;

                     (c)  the head of a law enforcement agency;

                     (d)  the head of a police force of a State or Territory;

                     (e)  the head of an integrity agency for a State or Territory;

                      (f)  the head of another government agency;

if the National Integrity Commissioner is satisfied that, having regard to the functions of the agency concerned, it is appropriate to do so.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code .

National Integrity Commissioner to be satisfied that confidentiality regime in place

             (4)  If the National Integrity Commissioner proposes to disclose information to a person under subsection (3), the National Integrity Commissioner must satisfy himself or herself that a law of the Commonwealth, a State or Territory makes provision corresponding to the provision made by section 160 and this section with respect to the confidentiality of information acquired by that person.

Disclosure required by another Commonwealth law

             (5)  Subsection 160(1) does not prevent a person from disclosing information if the disclosure is required under another law of the Commonwealth.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code .

Disclosure to particular person

             (6)  The National Integrity Commissioner may disclose information to a particular person if the National Integrity Commissioner is satisfied that it is necessary to do so in order to protect the person’s life or physical safety.

162   Disclosure by National Integrity Commissioner in public interest etc.

             (1)  If the National Integrity Commissioner is satisfied that it is in the public interest to do so, the National Integrity Commissioner may disclose information to the public, or a section of the public, about:

                     (a)  the performance of the national integrity commissioner functions; or

                     (b)  the exercise of the National Integrity Commissioner’s powers; or

                     (c)  an investigation of a corruption issue conducted by the National Integrity Commissioner; or

                     (d)  a public inquiry conducted by the National Integrity Commissioner.

             (2)  Subsection (1) has effect:

                     (a)  subject to subsection (3) and section 163; and

                     (b)  despite any other provision of this Act.

             (3)  In deciding whether to disclose under subsection (1) information that the National Integrity Commissioner is satisfied is sensitive information, the National Integrity Commissioner must seek to achieve an appropriate balance between:

                     (a)  the public interest that would be served by disclosing the information; and

                     (b)  the prejudicial consequences that might result from disclosing the information.

163   Opportunity to be heard

Opinion or finding critical of a government agency or person

             (1)  The National Integrity Commissioner must not disclose information under section 162 in relation to an investigation of a corruption issue under this Act that includes an opinion or finding that is critical of a government agency or person (either expressly or impliedly) unless the National Integrity Commissioner has taken the action required by subsection (2) or (3) before disclosing the information.

Opportunity to appear and make submissions

             (2)  If the opinion or finding is critical of a government agency, the National 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.

             (3)  If the opinion or finding is critical of a person, the National 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.

             (4)  The submissions may be made orally or in writing.

             (5)  The head of a government agency may:

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

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

             (6)  A person referred to in subsection (3):

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

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

164   National Integrity Commission staff generally not compellable in court proceedings

             (1)  This section applies to:

                     (a)  proceedings before a court (whether exercising federal jurisdiction or not); and

                     (b)  proceedings before any tribunal, authority or person having power to require the production of documents or the answering of questions.

             (2)  A person who is, or has been, a staff member of the National Integrity Commission is not compellable in any proceedings to which this section applies:

                     (a)  to disclose any information that:

                              (i)  he or she acquired because of his or her being or having been a staff member of the National Integrity Commission; and

                             (ii)  was disclosed or obtained under the provisions of, or for the purposes of, this Act; or

                     (b)  to produce any document that:

                              (i)  has come into his or her custody or control in the course of, or because of, the performance of his or her duties under this Act; and

                             (ii)  was produced under the provisions of, or for the purposes of, this Act.

             (3)  Subsection (1) does not apply to a proceeding if:

                     (a)  any of the following is a party to the proceedings in his or her official capacity:

                              (i)  the National Integrity Commissioner;

                             (ii)  a delegate of the National Integrity Commissioner;

                            (iii)  a person authorised by the National Integrity Commissioner to exercise a power or perform a function under this Act; or

                     (b)  the proceeding is brought for the purposes of carrying into effect a provision of this Act; or

                     (c)  the proceeding is a prosecution, civil penalty proceeding or confiscation proceeding brought as a result of a corruption investigation or public inquiry.

             (4)  In this section:

produce includes permit access to, and production has a corresponding meaning.