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Part 10—Parliamentary Joint Committee on the National Integrity Commission

Part 10 Parliamentary Joint Committee on the National Integrity Commission

   

165   Definitions

                   In this Part:

ACLEI corruption issue has the meaning given by section 8 of the Law Enforcement Integrity Commissioner Act 2006 .

Australian Commission for Law Enforcement Integrity or ACLEI means the Australian Commission for Law Enforcement Integrity established by section 195 of the Law Enforcement Integrity Commissioner Act 2006 .

committee means the Parliamentary Joint Committee on the National Integrity Commission for the time being constituted under this Part.

member means a member of the committee.

section 149 certified information has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .

special investigator means a person conducting a special investigation of an ACLEI corruption issue under Division 4 of Part 12 of the Law Enforcement Integrity Commissioner Act 2006 .

166   Parliamentary Joint Committee on the National Integrity Commission

             (1)  As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament to be known as the Parliamentary Joint Committee on the National Integrity Commission is to be appointed according to the practice of the Parliament with reference to the appointment of members to serve on joint select committees of both Houses of the Parliament.

             (2)  The committee is to consist of 10 members, 5 of whom must be members of the Senate appointed by the Senate, and 5 of whom must be members of the House of Representatives appointed by that House.

             (3)  A member of the Parliament is not eligible for appointment as a member of the committee if he or she is:

                     (a)  a minister; or

                     (b)  the President of the Senate; or

                     (c)  the Speaker of the House of Representatives; or

                     (d)  the Deputy President and Chair of Committees of the Senate or the Deputy Speaker of the House of Representatives.

             (4)  A member ceases to hold office:

                     (a)  when the House of Representatives expires by the passing of time or is dissolved; or

                     (b)  if he or she becomes the holder of an office specified in any of the paragraphs of subsection (3); or

                     (c)  if he or she ceases to be a member of the House of the Parliament by which he or she was appointed; or

                     (d)  if he or she resigns his or her office as provided by subsection (5) or (6).

             (5)  A member appointed by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate.

             (6)  A member appointed by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of that House.

             (7)  Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the committee appointed by that House.

167   Powers and proceedings of the committee

                   All matters relating to the powers and proceedings of the committee are to be determined by resolution of both Houses of the Parliament.

168   Duties of the committee

National Integrity Commissioner

             (1)  The committee has the following duties in relation to the National Integrity Commissioner:

                     (a)  to consider the proposed recommendation for an appointment of the National Integrity Commissioner in accordance with section 169; and

                     (b)  to monitor and review the National Integrity Commissioner’s performance of national integrity commissioner functions;

                     (c)  to report to both Houses of the Parliament, with such comments as it thinks fit, on any matter:

                              (i)  connected with the performance of the national integrity commissioner functions; or

                             (ii)  relating to the National Integrity Commission;

                            that the committee considers should be directed to the attention of Parliament;

                     (d)  to examine:

                              (i)  each annual report prepared by the National Integrity Commissioner under section 156; and

                             (ii)  any special report prepared by the National Integrity Commissioner under section 158;

                            and report to the Parliament on any matter appearing in, or arising out of, any such annual report or special report;

                     (e)  to examine trends and changes in law enforcement in so far as they relate to corruption and report to both Houses of the Parliament on any change that the committee thinks desirable:

                              (i)  to the national integrity commissioner functions or the powers of the National Integrity Commissioner; or

                             (ii)  to the procedures followed by the National Integrity Commissioner; or

                            (iii)  to the structure of the National Integrity Commission;

                      (f)  to inquire into any question in connection with the committee’s duties that is referred to it by either House of the Parliament, and to report to that House on that question.

             (2)  Subsection (1) does not authorise the committee:

                     (a)  to investigate a corruption issue; or

                     (b)  to reconsider the National Integrity Commissioner’s decisions or recommendations in relation to a particular corruption issue.

Law Enforcement Integrity Commissioner

             (3)  The committee has the following duties in relation to the Law Enforcement Integrity Commissioner:

                     (a)  to monitor and review the Law Enforcement Integrity Commissioner’s performance of law enforcement integrity commissioner functions;

                     (b)  to report to both Houses of the Parliament, with such comments as it thinks fit, on any matter:

                              (i)  connected with the performance of the law enforcement integrity commissioner functions; or

                             (ii)  relating to the Australian Commission for Law Enforcement Integrity;

                            that the committee considers should be directed to the attention of Parliament;

                     (c)  to examine:

                              (i)  each annual report prepared by the Law Enforcement Integrity Commissioner under section 201 of the Law Enforcement Integrity Commissioner Act 2006 ; and

                             (ii)  any special report prepared by the Law Enforcement Integrity Commissioner under section 204 of the Law Enforcement Integrity Commissioner Act 2006 ;

                            and report to the Parliament on any matter appearing in, or arising out of, any such annual report or special report;

                     (d)  to examine trends and changes in:

                              (i)  law enforcement in so far as they relate to corruption; and

                             (ii)  corruption generally in, or the integrity of staff members of, Commonwealth agencies with a law enforcement function;

                            and report to both Houses of the Parliament on any change that the committee thinks desirable:

                            (iii)  to the law enforcement integrity commissioner functions or the powers of the Law Enforcement Integrity Commissioner; or

                            (iv)  to the procedures followed by the Law Enforcement Integrity Commissioner; or

                             (v)  to the structure of the Australian Commission for Law Enforcement Integrity;

                     (e)  to inquire into any question in connection with the committee’s duties that is referred to it by either House of the Parliament, and to report to that House upon that question.

             (4)  Subsection (3) does not authorise the committee:

                     (a)  to investigate a corruption issue (as defined in section 7 of the Law Enforcement Integrity Commissioner Act 2006 ) or an ACLEI corruption issue; or

                     (b)  to reconsider the Law Enforcement Integrity Commissioner’s decisions or recommendations in relation to a particular corruption issue (as defined in section 7 of the Law Enforcement Integrity Commissioner Act 2006 ) or an ACLEI corruption issue; or

                     (c)  to reconsider a special investigator’s decisions or recommendations in relation to an ACLEI corruption issue.

169   Committee may approve or reject recommendation for appointment of National Integrity Commissioner

             (1)  If the Prime Minister refers a proposed recommendation for an appointment of the National Integrity Commissioner to the committee for approval, the committee must:

                     (a)  approve or reject the proposed recommendation within 10 sitting days after receiving it; or

                     (b)  notify the Prime Minister in accordance with subsection (2).

Note:          Section 125 requires a proposed recommendation to be referred to the committee for approval.

             (2)  The committee may notify the Prime Minister within 10 sitting days after receiving a proposed recommendation that it needs more time to consider the proposed recommendation. If the committee does so, the committee must approve or reject the proposed recommendation within 20 sitting days after receiving it.

             (3)  The decision to approve or reject a proposed recommendation is to be by majority of the members of the committee for the time being holding office.

             (4)  If the committee does not make a decision on a proposed recommendation by the required time, the committee is taken, at that time, to have approved the proposal.

             (5)  The committee must notify the Prime Minister of its decision in relation to a proposed recommendation as soon as practicable after making the decision.

             (6)  A notification under this section must be in writing.

             (7)  The committee must report to both Houses of the Parliament on its decision in relation to a proposed recommendation.

170   Disclosure to committee by National Integrity Commissioner

             (1)  Subject to subsection (2), the National Integrity Commissioner:

                     (a)  must comply with a request by the committee to give the committee information in relation to:

                              (i)  an investigation of a corruption issue; or

                             (ii)  a public inquiry;

                            that the National Integrity Commissioner has conducted or is conducting; and

                     (b)  must when requested by the committee, and may at such other times as the National Integrity Commissioner thinks appropriate, inform the committee concerning the general performance of the national integrity commissioner functions.

             (2)  The National Integrity Commissioner may decide not to comply with the request if the National Integrity Commissioner is satisfied that:

                     (a)  the information is sensitive information; and

                     (b)  the public interest that would be served by giving the information to the committee is outweighed by the prejudicial consequences that might result from giving the information to the committee.

             (3)  If the National Integrity Commissioner does not give information to the committee because of subsection (2), the committee may refer the request to the Prime Minister.

             (4)  If the committee refers the request to the Prime Minister, the Prime Minister:

                     (a)  must determine in writing whether:

                              (i)  the information is sensitive information; and

                             (ii)  if it is, whether the public interest that would be served by giving the information to the committee is outweighed by the prejudicial consequences that might result from giving the information to the committee; and

                     (b)  must provide copies of that determination to the National Integrity Commissioner and the committee; and

                     (c)  must not disclose his or her reasons for determining the question referred to in subparagraph (a)(ii) in the way stated in the determination.

             (5)  A determination made by the Prime Minister under subsection (4) is not a legislative instrument.

             (6)  If the Prime Minister determines that:

                     (a)  the information is not sensitive information; or

                     (b)  the information is sensitive information but the prejudicial consequences that might result from giving the information to the committee do not outweigh the public interest that would be served by giving the information to the committee;

the National Integrity Commissioner must give the information to the committee.

171   Disclosure to committee by Law Enforcement Integrity Commissioner

             (1)  Subject to subsections (2) and (3), the Law Enforcement Integrity Commissioner:

                     (a)  must comply with a request by the committee to give the committee information in relation to:

                              (i)  an investigation of a corruption issue (as defined in section 7 of the Law Enforcement Integrity Commissioner Act 2006 ); or

                             (ii)  a public inquiry under Part 8 of the Law Enforcement Integrity Commissioner Act 2006 ;

                            that the Law Enforcement Integrity Commissioner has conducted or is conducting; and

                     (b)  must when requested by the committee, and may at such other times as the Law Enforcement Integrity Commissioner thinks appropriate, inform the committee concerning the general performance of the law enforcement integrity commissioner functions.

             (2)  The Law Enforcement Integrity Commissioner must not comply with the request if:

                     (a)  the information is section 149 certified information; and

                     (b)  the disclosure of the information to the committee would contravene the certificate issued under section 149 of the Law Enforcement Integrity Commissioner Act 2006 .

             (3)  The Law Enforcement Integrity Commissioner may decide not to comply with the request if the Law Enforcement Integrity Commissioner is satisfied that:

                     (a)  the information is sensitive information; and

                     (b)  the public interest that would be served by giving the information to the committee is outweighed by the prejudicial consequences that might result from giving the information to the committee.

             (4)  If the Law Enforcement Integrity Commissioner does not give information to the committee because of subsection (3), the committee may refer the request to the Minister.

             (5)  If the committee refers the request to the Minister, the Minister:

                     (a)  must determine in writing whether:

                              (i)  the information is sensitive information; and

                             (ii)  if it is, whether the public interest that would be served by giving the information to the committee is outweighed by the prejudicial consequences that might result from giving the information to the committee; and

                     (b)  must provide copies of that determination to the Law Enforcement Integrity Commissioner and the committee; and

                     (c)  must not disclose his or her reasons for determining the question referred to in subparagraph (a)(ii) in the way stated in the determination.

             (6)  A determination made by the Minister under subsection (5) is not a legislative instrument.

             (7)  If the Minister determines that:

                     (a)  the information is not sensitive information; or

                     (b)  the information is sensitive information but the prejudicial consequences that might result from giving the information to the committee do not outweigh the public interest that would be served by giving the information to the committee;

the Law Enforcement Integrity Commissioner must give the information to the committee.

172   Disclosure to committee by Minister

             (1)  Subject to subsections (2) and (3), the Minister must comply with a request by the committee to give the committee information in relation to an investigation of an ACLEI corruption issue that a special investigator has conducted or is conducting.

             (2)  The Minister must not comply with the request if:

                     (a)  the information is section 149 certified information; and

                     (b)  the disclosure of the information to the committee would contravene the certificate issued under section 149 of the Law Enforcement Integrity Commissioner Act 2006 .

             (3)  The Minister may decide not to comply with the request if the Minister is satisfied that:

                     (a)  the information is sensitive information; and

                     (b)  the public interest that would be served by giving the information to the committee is outweighed by the prejudicial consequences that might result from giving the information to the committee.

173   Ombudsman to brief committee about controlled operations

             (1)  At least once in each year the Ombudsman must provide a briefing to the committee about the Law Enforcement Integrity Commissioner’s involvement in controlled operations under Part IAB of the Crimes Act 1914 during the preceding 12 months.

             (2)  For the purposes of receiving a briefing from the Ombudsman under subsection (1), the committee must meet in private.