(1) If a search warrant in relation to a person is being executed, the authorised officer executing the warrant or an assisting officer must make a copy of the warrant available to that person. (6) If the Integrity Commissioner does not consult or inform a person because of subsection (5), the Integrity Commissioner must: (a) inform the Minister that the person has not been consulted or informed; and. of Integrity Commissioner, Note: The Integrity Commissioner may be reappointed: see section 33AA of the, Judge may be appointed as Integrity Commissioner, Note: For rules that apply to acting appointments, see section 33A of the, (3) Subsections (1) and (2) have effect subject to the, (d) the Integrity Commissioner fails to comply with section 29 of the, Appointment etc. 150 Integrity Commissioner’s access to section 149 certified information, (a) the head of a law enforcement agency would, but for this subsection, be required under section 20, 21, 32 or 46 to give the Integrity Commissioner information or a document; and. A person shall not be qualified to be appointed as a member of the Commission if that person— (a) is a person in public life or is otherwise exercising a function in the public service; (b) would be disqualified to be a member of the Legislative Council; (c) has, at any time during three years immediately . (2) The law enforcement agency may resume an investigation of a corruption issue stopped under paragraph (1)(b), or commence an investigation of a corruption issue to which subsection (1) applies, only if the Integrity Commissioner: (a) refers the corruption issue to the agency under paragraph 26(1)(b) for investigation; or, (b) decides to investigate the corruption issue jointly with the agency under subsection 26(2); or. (2) Without limiting subsection (1), the head of the Commonwealth government agency may advise the person by giving the person a copy of the whole or a part of the report prepared in relation to the investigation under section 66. witness, for a hearing under Part 9, hearing material or derivative material, has the meaning given by subsection 8A(3). [ 24TH SEPTEMBER, 1997] 20 of 1997. Application for a warrant to search person (offence warrant). Issue of a warrant to search a person (investigation warrant), (a) an authorised officer makes an application to an issuing officer under subsection 108(3); and, (i) there are reasonable grounds for suspecting that the person in relation to whom the application is made has in his or her possession, or will within the next 72 hours have in his or her possession, evidential material; and. Division 2—Appointment etc. ACT Politics. (4) If a person who is a Judge is appointed as an Assistant Integrity Commissioner, the person is not, while receiving salary or annual allowance as a Judge, entitled to remuneration under this Act. (5) This section does not affect the Witness Protection Act 1994. I think this event and discussion here today is an example of how politicians can get it wrong. Commissioners. (b) managing or overseeing an investigation of the corruption issue by a law enforcement agency; the head of the agency may nominate a staff member of the agency as the contact for the investigation. (2) Subsection (1) does not apply if the person refers the allegation or information anonymously. (1) The Integrity Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal. We cannot accept complaints over the phone or assist with writing complaints. (3) With the agreement of the Integrity Commissioner, the head of the agency may advise the Integrity Commissioner under subsection (2) by entering the required details on a database to which the Integrity Commissioner has access. Note 1: A legal practitioner may refuse to answer a question in certain circumstances: see section 95. (5) Without limiting its effect apart from this subsection, this Act also has the effect it would have if paragraph (1)(b) or (c), or both, had not been enacted. 165 Advising person whose conduct is investigated of outcome of the investigation. For more information about any editorial changes made in this compilation, see the endnotes. (2) Without limiting its effect apart from this subsection, this Act also has the effect it would have if paragraph (1)(b) or (c), or both, had not been enacted. (7) If the authorised officer applying for a search warrant (or another authorised officer who will be an assisting officer in relation to the search warrant) has, at any time previously, applied for a search warrant under this Act or another Act in relation to the same person or premises, the authorised officer must state particulars of those applications, and their outcome, in the information given under subsection (5). The Minister is not required, however, to lay a copy of a supplementary report under subsection 73(6) before each House of the Parliament. These rules are reviewed and approved by the Integrity Commissioner and can be found here. Disclosure by Integrity Commissioner in public interest etc. (ii) discloses the existence of the summons; or, (iii) discloses any information about the summons or the existence of it; and, Subdivision E—Offences in relation to hearings, (a) the person is served with a summons to attend a hearing; and, (i) fails to attend as required by the summons; or. (c) the Integrity Commissioner decides to deal with the corruption issue, to the extent to which it relates to the conduct of the secondee, by arranging for the Commonwealth government agency to investigate the corruption issue. Inappropriate promotions and appointments within the ACT public service make up the largest number of complaints received by the ACT Integrity Commission, Mr Adams said during Committee Hearings in February this year. (2) Subsection (1) applies to the following court: (a) if the witness has been charged with a related offence before a federal court or a court of a State or Territory—that court; (b) otherwise—a federal court (other than the Family Court of Australia) or a court of a State or Territory. (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. (d) the head of the agency does not already have the information; the Integrity Commissioner must give the information to the head of the agency. (a) the Minister notifies the Integrity Commissioner that the Minister has authorised a person under paragraph (2)(b) to conduct a special investigation of an ACLEI corruption issue; and, (b) the Integrity Commissioner becomes aware of information that is relevant to the issue; and. Part 5—Information sharing when decision made on how to deal with corruption issue, Division 1—Giving information to head of agency conducting investigation, 43 Division applies if agency to conduct, or continue conducting, investigation of corruption issue. (2) However, subsection (1) does not apply if: (a) the thing that has been seized was seized under subsection 123(2) or paragraph 123(5)(a); or. He was a Land and Environment Court judge, held commissions as Judge-Advocate of the Australian Defence Force and as a presidential member of the Australian Administrative Appeals Tribunal, and is a chair of the Australian Electoral Commission. (ii) if the information or the document referred to in subsection (1) is in the possession of a person—the person. Australian Commission for Law Enforcement Integrity. Relationship of notation with Privacy Act 1988, (a) a notation has been included in the summons in relation to the disclosure of information about the summons or any official matter connected with the summons; and. (3) A person commits an offence if the person fails to comply with the order. (6) The authorised officer executing the warrant (or an assisting officer who arrests the person) must inform the person, at the time of the arrest, of the reason for which he or she is being arrested. (e) may give the head of the home agency a copy of the whole or a part of a supplementary report prepared under subsection 54(7) in relation to the investigation of the corruption issue; (b) the secondee is an employee of the police force of a State or Territory; and. , in relation to data, includes damages by erasure of data or addition of other data. (b) the disclosure of the information to the person would contravene the certificate issued under section 149. (ii) that charge or proceeding is imminent. (3) If the hearing is held for the purpose of investigating a corruption issue, a summons requiring a person to give evidence must set out, so far as is reasonably practicable, the general nature of the matters in relation to which the Integrity Commissioner intends to question the person. (3) In advising the person under subsection (1), the Integrity Commissioner: (a) must not disclose section 149 certified information to the person if the disclosure of the information to the person would contravene the certificate issued under section 149; and. AUSTRAC has the same meaning as in the Anti‑Money Laundering Act. (i) the agency’s findings on the corruption issue; and, (ii) the evidence and other material on which those findings are based; and, (iii) what action (if any) the head of the agency has taken, or proposes to take, to address those findings; and, (iv) if action is to be taken—the reasons for the proposed action; and. The revocation takes effect on a day specified in the notice, which must be at least 14 days after the day it is given. (1) The Australian Commission for Law Enforcement Integrity (ACLEI) is established by this section. (1) The authorised officer executing the search warrant or an assisting officer may take photographs or video recordings of the premises or things on the premises: (a) for a purpose incidental to the execution of the warrant; or. (b) all or part of the hearing is to be held in private. (c) conduct that, having regard to the duties and powers of the staff member as a staff member of the agency, involves, or is engaged in for the purpose of, corruption of any other kind. (3) If the opinion or finding is critical of an agency, the Integrity Commissioner must give the head of the agency: (a) a statement setting out the opinion or finding; and. The function of ACLEI is to assist the Integrity Commissioner in performing the Integrity Commissioner’s functions. (4) In deciding whether to exclude information from the advice under paragraph (3)(b), the Integrity Commissioner must seek to achieve an appropriate balance between: Part 7—Investigations by other Commonwealth agencies, Division 1—Nominated contact for investigations by law enforcement agencies. 145 Notification of action taken under section 142 or 143. (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory. Federal Circuit Court means the Federal Circuit Court of Australia. Immigration and Border Protection Department staff members. The Integrity Commission is an independent body established by the Integrity in Public Life Act (Act No.24 of 2013), which authorizes the Commission to oversee the provisions of the Integrity in Public Life Act and the Prevention of Corruption Act. (2A) Despite paragraph (2)(e), the agency must continue and complete, or begin and complete, an investigation of the corruption issue if the Integrity Commissioner considers, despite the Commonwealth law, that it would be more appropriate for the issue to be investigated. LAWS OF GUYANA 6 Cap. 117 Availability of assistance and use of force in executing a warrant. (6) Subsection (5) does not apply if the person has reasonable grounds to believe that the Integrity Commissioner, has already been notified of the ACLEI corruption issue. (b) a person to whom the Attorney‑General has delegated his or her powers and functions under section 103. legal practitioner means a barrister, a solicitor, a barrister and solicitor or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory. (1) Subject to subsection (2), the Integrity Commissioner must not include in a report under section 54 in relation to an investigation of a corruption issue an opinion or finding that is critical of a government agency or person (either expressly or impliedly) unless the Integrity Commissioner has taken the action required by subsection (3) or (4) before completing the investigation. applicant means the authorised officer who applied for the search warrant. (b) if a supplementary report is prepared under subsection 162(7) in relation to the investigation—the supplementary report. His appointment came six weeks after The Canberra Times revealed the previous pick for the job, Terence Higgins, had been cast aside because of concerns about his previous political affiliations. (b) the law enforcement agency has started or continued investigating the corruption issue before the Integrity Commissioner makes that decision. (2) The Integrity Commissioner may exclude information from an annual report referred to in section 201, or a special report under section 204, if the Integrity Commissioner is satisfied that: (3) In deciding whether to exclude information under subsection (2), the Integrity Commissioner must seek to achieve an appropriate balance between: 207 Confidentiality requirements for ACLEI staff. (5) The Integrity Commissioner may exclude information from the report if the Integrity Commissioner is satisfied that: (a) the information is sensitive information or section 149 certified information; and. Division 1—Referring corruption issues to Integrity Commissioner, 18 Referral of corruption issues by Minister. 126 Accessing data held on other premises—notification to occupier of those premises, (a) data that is held on premises (other than the premises in relation to which the warrant is in force) is accessed under subsection 123(1); and. (1) This section applies in respect of a notice served on a person under section 75. Law Enforcement Integrity Commissioner Act 2006. (3) The appointment of the Judge as an Assistant Integrity Commissioner and the Judge’s service as an Assistant Integrity Commissioner does not affect: (4) For all purposes, the Judge’s service as an Assistant Integrity Commissioner is taken to be service as the holder of his or her judicial office. (1) After completing an investigation of a corruption issue that relates to a law enforcement agency, the Integrity Commissioner must prepare a report on the investigation. 77 Integrity Commissioner may retain documents and things. 23 Referral of corruption issues by other people. 147 Evidence of, or information suggesting, wrongful conviction, (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. (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. INTEGRITY COMMISSION ACT 2018 TABLE OF PROVISIONS Long Title CHAPTER 1--PRELIMINARY PART 1.1--PRELIMINARY 1.Name of Act 3.Dictionary 4.Notes 5.Offences against Act—application of Criminal Code etc 6.Objects of Act 7.Application of Act—Parliamentary privilege 8.Application of Act—conduct that happened before the commencement of this PART 1.2--IMPORTANT CONCEPTS 9. (5) A reference in this section to the Integrity Commissioner includes a reference to an Assistant Integrity Commissioner who exercises the power to hold a hearing under a delegation under section 219. (5) This section applies to a corruption issue that relates to a staff member of the former NCA as if the staff member were a staff member of the ACC. Reports. (b) in a later written advice given to the head of that agency. (3) The equipment may be secured for up to 24 hours to allow the equipment to be operated by an expert. (a) may require communication by voice to the extent that is practicable in the circumstances; and. (2) The Integrity Commissioner must take reasonable steps to consult the head of the law enforcement agency before taking the action. Note: Paragraph (a)—the investigation of a corruption issue may be conducted in response to a referral or notification of the corruption issue to the Integrity Commissioner or on the Integrity Commissioner’s own initiative. (4) If the Integrity Commissioner does not inform the head of the home agency, or the head of the integrity agency, of the corruption issue because of subsection (3), the Integrity Commissioner must: (a) inform the Minister that the head of the home agency, or the head of the integrity agency, has not been informed of the corruption issue; and. (5) An instrument that determines the conditions on which legal or financial assistance may be given is not a legislative instrument. Note: See also subsection 96B(5). (7) A notation included in the summons is cancelled by this subsection if: (a) the Integrity Commissioner concludes the investigation to which the hearing relates; and. (i) who the Integrity Commissioner considers has suitable qualifications or experience; or, (ii) who is also a member of the Australian Federal Police; or, (iii) who is also a member of the police force of a State or Territory; or. (4) Subsection (3) does not apply if the person has reasonable grounds to believe that the Minister has already been notified of the ACLEI corruption issue. and issue of warrant. The Act creates two distinct processes: a disclosure process and a reprisal complaints process. (d) the person or any other person may be subjected to intimidation or harassment. The principal work of the Office is to respond to members' inquiries, investigate complaints about alleged breaches of various provisions of the Members' Integrity Act, 1994, receive and review members' financial disclosure statements, and ... (3) The Integrity Commissioner must exclude section 149 certified information from the report. (2) A person may only be engaged for a period of up to 2 years. (b) must specify the date by which the progress report must be given to the Integrity Commissioner; and. INTEGRITY COMMISSION ACT AN ACT to provide for the establishment of an Integrity Commission and to make provisions for the purpose of securing the integrity of persons in public life. hearing material has the meaning given by subsection 8A(1). Subdivision B—Offence and related provisions. Application by telephone etc. (4) The copy of the search warrant need not include the signature of the issuing officer who issued it. (2) The Integrity Commissioner may investigate the corruption issue under paragraph (1)(a) either alone or jointly with another government agency or an integrity agency for a State or Territory. (b) the prejudicial consequences that might result from including the information in the report. (b) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c)) found, in the course of the search, in the possession of the person or in, or on, an aircraft, vehicle or vessel that the person had operated or occupied at any time within 24 hours before the search began, being a thing that the authorised officer or an assisting officer believes on reasonable grounds to be: (i) in the case of an investigation warrant—evidential material in relation to the corruption issue or public inquiry to which the warrant relates; or. The Integrity Commissioner has the following functions: (aa) to detect corrupt conduct in law enforcement agencies; (a) to investigate and report on corruption issues; (b) to refer corruption issues, in appropriate circumstances, to a law enforcement agency for investigation; (c) to manage, oversee or review, in appropriate circumstances, the investigation of corruption issues by law enforcement agencies; (d) at the request of the Minister, to conduct public inquiries into: (ii) corruption generally in, or the integrity of staff members of, law enforcement agencies; (da) to prevent corrupt conduct in law enforcement agencies; (e) to collect, correlate, analyse and disseminate information and intelligence in relation to corruption generally in, or the integrity of staff members of, both: (ii) other Commonwealth government agencies that have law enforcement functions; (f) on the Integrity Commissioner’s own initiative, or on request by the Minister, to make reports and recommendations to the Minister in relation to any matter that concerns the need for or the desirability of legislative or administrative action on issues in relation to corruption generally in, or the integrity of staff members of, law enforcement agencies; (g) any other function conferred on the Integrity Commissioner by other provisions of this Act or by another Act. Section 149 certified information and sensitive information. (2B) The head of the law enforcement agency must comply with the request. He also served in the Navy reserve as a captain, as well as on the the Defence Force discipline appeal tribunal, and was awarded the Medal of the Order of Australia for his services to the Returned and Services League of Australia, as well as the legal community. (1) If the Integrity Commissioner investigates an ACLEI corruption issue that relates to a person who is, or has been, a staff member of ACLEI, the Integrity Commissioner may advise the person of the outcome of the investigation. (1) The Integrity Commissioner may hold a hearing for the purpose of: (a) investigating a corruption issue; or, (a) a pre‑charge hearing or a post‑charge hearing; or. (b) the Judge’s rank, title, status, precedence, salary or annual allowances or other judicial privileges as the holder of that judicial office. ACT Integrity Commission is seeking a CEO. Issue of a warrant to search premises (investigation warrant), (a) an authorised officer makes an application to an issuing officer under subsection 108(1); and. (3) The head of the agency must ensure that the agency follows the Integrity Commissioner’s general guidance in relation to the planning and carrying out the investigation. Becoming aware of another corruption issue. Integrity Commissioner to pass on information relevant to agency investigation, 71.......... Minister may request Integrity Commissioner to conduct public inquiry. (b) produces a document or thing that the person is required to produce in accordance with the summons or under subsection 83(5A). means an individual, or authority, authorised by or under a law of the Commonwealth or of a State or Territory to prosecute an offence. (c) hearing or receiving any evidence or statements by or in support of the person; the court to which the application was made finds that the person was in contempt of ACLEI, the court may deal with the person as if the acts or omissions involved constituted a contempt of that court. (4) An authorised officer is not entitled to exercise any powers under this Part in relation to premises if: (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and. (b) evidence of the contravention of a law of the Commonwealth: (i) in relation to which civil penalty proceedings may be brought; and. (b) the Assistant Integrity Commissioner engages, except with the Minister’s consent, in paid employment outside the duties of his or her office. (ii) departs in a material particular from the terms authorised by an issuing officer under that section. (b) for a summons—an offence if the subject matter of the summons relates to the subject matter of the offence. (2) If 2 or more things are seized or moved, they may be covered by the one receipt. The following endnotes are included in every compilation: The abbreviation key sets out abbreviations that may be used in the endnotes. (g) disrupts a hearing that is being held for the purpose of: (h) threatens a person present at a hearing that is being held for the purpose of: (2) Subparagraph (1)(a)(iv) does not apply in the case of a legal practitioner who refuses or fails to answer a question at a hearing on the ground that the answer to the question would disclose a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner. 138 Law relating to legal professional privilege not affected. (b) the Speaker of the House of Representatives for presentation to the House of Representatives. Any other statement in column 2 has effect according to its terms. , for a hearing under Part 9, hearing material or derivative material, has the meaning given by subsection 8A(3). (a) an application is made to the Federal Court or a Supreme Court under subsection 96B(1) in respect of an act or omission by a person; and. (2) In proceedings for an offence against subsection (1), it is a defence if it is not reasonably practicable for the person to comply with the notice: (b) within such further time as allowed by the Integrity Commissioner under subsection 76(3). being able to log in or subscribe. (b) despite any other provision of this Act. (8) The Integrity Commissioner may give the original or a copy of a document. Office of the Integrity Commissioner . This subsection has effect subject to subsection 150(1) but despite any secrecy provision (other than a law enforcement secrecy provision or a taxation secrecy provision). Specific powers available to person executing a warrant................. 122........ Use of equipment to examine or process things.............................. 123........ Use of electronic equipment at premises without expert assistance. (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. 79 Legal practitioner not required to disclose privileged communications. (1) A person giving evidence at a hearing may be represented by a legal practitioner. Note: Subsection 29(6) gives the Integrity Commissioner further options for dealing with the corruption issue to the extent to which it relates to the conduct of a secondee to the law enforcement agency. (b) the person gives the Minister the report prepared under section 169 in relation to the special investigation; the Minister may direct the Integrity Commissioner: (c) to consider whether action should be taken to terminate the appointment, or the secondment to ACLEI, of a person referred to in the report; or. The ACT's first independent public sector integrity commissioner will be retired judge and Australian Electoral Commission chair Dennis Cowdroy, who takes charge of Australia's newest anti-corruption watchdog on August 1. (1) The Integrity Commissioner must not disclose information under section 209 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 Integrity Commissioner has taken the action required by subsection (2) or (3) before disclosing the information. (1) For the purposes of this Act, an ACLEI corruption issue is an issue whether a person who is, or has been, a staff member of ACLEI: (2) To avoid doubt, an allegation, or information, may raise an ACLEI corruption issue even if the identity of the person is unknown, is uncertain or is not disclosed in the allegation or information. Division 1—Appointment etc. The Minister may request the Integrity Commissioner to conduct a public inquiry into all or any of the following: (b) an issue or issues about corruption generally in law enforcement agencies; (c) an issue or issues about the integrity of staff members of law enforcement agencies. (1) If the head of a law enforcement agency: (a) notifies the Integrity Commissioner of a corruption issue under section 19 and indicates that it is a significant corruption issue; and. Sections 1 and 2 and anything in this Act not elsewhere covered by this table. This Subdivision applies if a search warrant in relation to premises is being executed. 80.......... Self‑incrimination etc...................................................................... 81.......... Protection of person required to give information and produce documents. Extension of period that Integrity Commissioner may retain travel document. (7) Without limiting its effect apart from this subsection, this Act also has the effect it would have if: (a) paragraph (1)(d) or subsection (2A) had not been enacted; or, (b) paragraph (1)(d) or subsection (2A) were, by express provision, confined to dealing with a charge against the person or such a charge that is imminent; or.
integrity commissioner act 2021