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Part 2—The National Integrity Commission

Part 2 The National Integrity Commission

Division 1 Introduction

9   Guide to this Part

This Part establishes the National Integrity Commission.

The National Integrity Commission consists of the integrity officers and the staff of the Commission.

The integrity officers are the National Integrity Commissioner, the Law Enforcement Integrity Commissioner and the Independent Parliamentary Advisor. The National Integrity Commissioner is the head of the Commission (for the purposes of the Public Service Act 1999 ).

The functions of the Commission are as follows:

               (a)     the national integrity functions, which are about the investigation of corruption in relation to public officials and Commonwealth agencies in accordance with this Act;

              (b)     the law enforcement integrity functions, which are about the investigation of corruption in relation to national law enforcement agencies in accordance with the Law Enforcement Integrity Commissioner Act 2006 ;

               (c)     the independent parliamentary advisor functions, which are about providing independent confidential advice to ministers, parliamentarians and former parliamentarians in relation to conflict of interest, ethics, propriety and similar matters and providing advice on the development of codes of conduct.

Only the National Integrity Commissioner can perform the national integrity commissioner functions.

Only the Law Enforcement Integrity Commissioner can perform the law enforcement integrity commissioner functions.

Only the Independent Parliamentary Advisor can perform the independent parliamentary advisor functions.

Division 2 Establishment

10   Establishment

             (1)  The National Integrity Commission is established by this section.

             (2)  The Commission consists of:

                     (a)  the integrity officers; and

                     (b)  any Assistant National Integrity Commissioner appointed under Division 3 of Part 9 and the staff mentioned in section 153; and

                     (c)  any Assistant Law Enforcement Integrity Commissioner appointed under Division 2 of Part 13 of the Law Enforcement Integrity Commissioner Act 2006 and the staff mentioned in section 197 of that Act.

             (3)  For the purposes of the Public Service Act 1999 :

                     (a)  the Commission constitutes a Statutory Agency; and

                     (b)  the National Integrity Commissioner is the Head of that Statutory Agency.

Note:          The National Integrity Commissioner holds an office equivalent to that of a Secretary of a Department (see the definition of Agency Head in section 7 of the Public Service Act 1999 ).

11   Definition of integrity officers

                   Each of the following is an integrity officer :

                     (a)  the National Integrity Commissioner;

                     (b)  the Law Enforcement Integrity Commissioner;

                     (c)  the Independent Parliamentary Advisor.

Division 3 Functions and powers of the integrity officers

12   Definition of national integrity commissioner functions

             (1)  The national integrity commissioner functions are as follows:

                     (a)  to investigate and conduct public inquiries into corruption issues involving:

                              (i)  a public official; or

                             (ii)  a Commonwealth agency;

                            and report on the results of those investigations and inquiries, whether those corruption issues arose before or after the commencement of this Act;

                     (b)  to communicate to appropriate authorities the results of investigations and inquiries, including recommendations for action that should be taken in relation to those results;

                     (c)  on the National Integrity Commissioner’s own initiative, or at the request of the Prime Minister or either House of the Parliament, to make reports and recommendations to the Parliament about the need for or the desirability of legislative or administrative action on issues in relation to:

                              (i)  corruption generally in Commonwealth agencies; or

                             (ii)  the integrity of public officials;

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

                     (d)  with the consent of the Prime Minister, to enter into an arrangement to perform the functions of a territory integrity commissioner under a scheme established in accordance with the conditions of licences or authorities granted under an Act of a Territory;

                     (e)  to advise and assist any public official, Commonwealth agency or other person (on the request of the official, agency or person) on changes in laws, practices or procedures compatible with the effective exercise of their functions which the National Integrity Commissioner thinks necessary to reduce the likelihood of the occurrence of corrupt conduct;

                      (f)  to educate and disseminate information to public officials, Commonwealth agencies and the community on strategies to combat corrupt conduct;

                     (g)  any other function conferred by this Act or another Act (or an instrument under this Act or another Act) on the National Integrity Commissioner.

             (2)  An arrangement referred to in paragraph (1)(d) may include provision for payment by the other party to the arrangement for the performance of functions by the National Integrity Commissioner in accordance with the arrangement.

13   Definition of law enforcement integrity commissioner functions

                   The law enforcement integrity commissioner functions are as follows:

                     (a)  the functions conferred on the Law Enforcement Integrity Commissioner under section 15 of the Law Enforcement Integrity Commissioner Act 2006 ;

                     (b)  any other function conferred by this Act or another Act (or an instrument under this Act or another Act) on the Law Enforcement Integrity Commissioner.

14   Definition of independent parliamentary advisor functions

                   The independent parliamentary advisor functions are as follows:

                     (a)  at the request of a minister, to provide independent confidential written advice to that minister about his or her compliance with the Standards of Ministerial Ethics , dated September 2010 and as revised from time to time, any replacement document issued in relation to ministerial conduct or any another applicable code of conduct, whether the request for advice relates to an issue that arose before or after the commencement of this Act in relation to the minister;

                     (b)  at the request of a parliamentarian or a former parliamentarian, to provide independent confidential written advice to that parliamentarian or former parliamentarian about:

                              (i)  an applicable code of conduct; or

                             (ii)  parliamentary allowances; or

                            (iii)  an interest, including a potential conflict of interest; or

                            (iv)  an ethical issue; or

                             (v)  a matter of propriety, including the receipt of a gift; or

                            (vi)  any similar issue;

                            whether the request for advice relates to an issue that arose before or after the commencement of this Act in relation to the parliamentarian, the former parliamentarian or a person employed under the Members of Parliament (Staff) Act 1984 ;

                     (c)  at the request of a presiding officer or a committee of a House of the Parliament, to provide independent confidential written advice in relation to any matter, including the development of a code of conduct for parliamentarians of that House;

                     (d)  to prepare better practice guides and fact sheets, in relation to matters of conduct, propriety and ethics, for ministers, parliamentarians, former parliamentarians and persons employed under the Members of Parliament (Staff) Act 1984 ;

                     (e)  to provide an annual report to the Parliament outlining the nature of all matters considered under paragraphs (a) and (b), without identifying any of the parties involved;

                      (f)  any other function conferred by this Act or another Act (or an instrument under this Act or another Act) on the Independent Parliamentary Advisor.

15   Functions and powers of the National Integrity Commissioner

             (1)  The National Integrity Commissioner has the national integrity commissioner functions.

             (2)  The National Integrity Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the national integrity commissioner functions conferred by this section.

16   Functions and powers of the Law Enforcement Integrity Commissioner

             (1)  The Law Enforcement Integrity Commissioner has the law enforcement integrity commissioner functions.

             (2)  The Law Enforcement Integrity Commissioner has the powers conferred under Parts 9 and 12 of the Law Enforcement Integrity Commissioner Act 2006 to do things necessary or convenient to be done for or in connection with the performance of the law enforcement integrity commissioner functions conferred by this section.

17   Functions and powers of the Independent Parliamentary Advisor

             (1)  The Independent Parliamentary Advisor has the independent parliamentary advisor functions.

             (2)  The Independent Parliamentary Advisor has power to do all things necessary or convenient to be done for or in connection with the performance of the independent parliamentary advisor functions conferred by this section.