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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Independent Commissioner Against Corruption
Bill 2012
A BILL FOR
An Act to establish the Independent Commissioner Against Corruption and the
Office for Public Integrity; to make related amendments to the Australian
Crime Commission (South Australia) Act 2004, the Child
Sex Offenders Registration Act 2006, the Correctional
Services Act 1982, the Criminal
Investigation (Covert Operations) Act 2009, the Criminal
Law Consolidation Act 1935, the Criminal
Law (Forensic Procedures) Act 2007, the Defamation
Act 2005, the Freedom
of Information Act 1991, the Legal
Practitioners Act 1981, the Listening
and Surveillance Devices Act 1972, the Local
Government Act 1999, the Ombudsman
Act 1972, the Parliamentary
Committees Act 1991, the Police
Act 1998, the Police
(Complaints and Disciplinary Proceedings) Act 1985, the Protective
Security Act 2007, the Public
Finance and Audit Act 1987, the Public
Sector Act 2009, the Shop
Theft (Alternative Enforcement) Act 2000, the State
Records Act 1997, the Summary
Offences Act 1953, the Terrorism
(Preventative Detention) Act 2005, the Whistleblowers
Protection Act 1993 and the Witness
Protection Act 1996; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Primary
objects
4Interpretation
5Corruption, misconduct
and maladministration
Part 2—Independent
Commissioner Against Corruption
6Functions
7Commissioner
8Deputy
Commissioner
9Pension rights
10Employees
11Use
of services or staff of other government entities
12Examiners and
investigators
13Cooperation with law enforcement
agencies
14Delegation
Part 3—Office for Public
Integrity
15Functions and objectives
16Organisational structure
Division 1—Complaints and
reports
17Complaints system
18Reporting
system
19Obstruction of complaint or report
20False or misleading statements in complaint or
report etc
Division 2—Assessments,
investigations and referrals
Subdivision 1—Assessment and action
that may be taken
21Assessment
22Action that may be
taken
23Public statements
Subdivision 2—Investigation of
corruption
24Standard operating procedures
25Management of investigation
26Production of statement
of information
27Examination and production of documents and
other things
28Power to require person to disclose
identity
29Enter and search powers
under warrant
30Seizure and retention order
procedures
31Obstruction
32Limiting action by other
agencies and authorities
33Injunction to refrain
from conduct pending investigation
34Prosecutions and disciplinary
action
Subdivision 3—Referral of misconduct
or maladministration
35Referral to inquiry
agency
36Referral to public
authority
Subdivision 4—Request for
Auditor-General to examine accounts
37Request for Auditor-General to
examine accounts
Division 3—Evaluation of agency or
authority practices
38Evaluation of practices, policies and
procedures
Division 4—Recommendations and
reports by Commissioner
39Recommendations
40Reports
Division 5—Miscellaneous
41Proceedings before judicial body or charge of
offence does not inhibit performance of functions
42Public authority to
assist with compliance by public officers
Part 5—Accountability
43Commissioner's annual report
44Annual review of
exercise of powers
45Crime and Corruption Policy Review
Committee
46Commissioner's website
47Provision of information to
Attorney-General
Part 6—Miscellaneous
48No
obligation on persons to maintain secrecy
49Arrangements for provision of
information by Commissioner of Police and Police Ombudsman
50Commissioner and staff to be regarded as law
enforcement body
51Impersonation of Commissioner, Deputy
Commissioner, examiner or investigator
52Confidentiality
53Proceedings to be heard in private
54Publication of information and
evidence
55Victimisation
56Service
57Evidence
58Regulations
59Review of operation of Act
Schedule 1—Public
officers, public authorities and responsible Ministers
Schedule 2—Examination
and production of documents and other things
1Interpretation
2Examinations
3Conduct of
examination
4Power to summon
witnesses and take evidence
5Power to obtain
documents
6Disclosure of summons or
notice may be prohibited
7Offences of
disclosure
8Failure of witnesses to
attend and answer questions
9Warrant for arrest of witness
10False or misleading evidence
11Protection of witnesses
from harm or intimidation
12Contempt of Commissioner
13Supreme Court to deal
with contempt
14Conduct of contempt proceedings
15Person in contempt may
be detained
16Examiner may withdraw contempt
application
17Legal protection of examiners, counsel and
witnesses
18Order for delivery to
examiner of passport of witness
19Offence to hinder, obstruct or
disrupt
Part 1—Preliminary
1Amendment provisions
Part 2—Amendment of
Australian Crime Commission (South Australia) Act 2004
2Amendment of section 18—Conduct of
examination
Part 3—Amendment of
Child Sex Offenders Registration Act 2006
3Amendment of Act
Part 4—Amendment of
Correctional Services Act 1982
4Amendment of section
28—Removal of prisoner for criminal investigation, attendance in court
etc
5Amendment of section 33—Prisoner's
mail
6Insertion of section
35A
35AAssistance to make
complaint to Office for Public Integrity
Part 5—Amendment of
Criminal Investigation (Covert Operations) Act 2009
7Amendment of section
3—Interpretation
Part 6—Amendment of
Criminal Law Consolidation Act 1935
8Amendment of section
246—Confidentiality of jury deliberations and identities
Part 7—Amendment of
Criminal Law (Forensic Procedures) Act 2007
9Amendment of section 45—Access to and
use of DNA database system
10Amendment of section
50—Confidentiality
11Amendment of section 57—Compliance
audits
Part 8—Amendment of
Defamation Act 2005
12Amendment of section
4—Interpretation
Part 9—Amendment of
Freedom of Information Act 1991
13Amendment of Act
14Amendment of section
4—Interpretation
15Amendment of Schedule 2—Exempt
agencies
Part 10—Amendment
of Legal Practitioners Act 1981
16Amendment of section
21—Entitlement to practise
Part 11—Amendment
of Listening and Surveillance Devices Act 1972
17Amendment of section
3—Interpretation
18Amendment of section
6—Warrants—General provisions
19Amendment of section
6AB—Use of information or material derived from use of listening or
surveillance devices under warrants
20Amendment of section
6AC—Register of warrants
21Amendment of section 6B—Reports
and records relating to warrants etc
22Amendment of section
6C—Control by police etc of certain records, information and
material
23Amendment of section 6D—Inspection of
records by review agency
24Amendment of section 6E—Powers of
review agency
25Amendment of section 7—Lawful use of
listening device by party to private conversation
26Amendment of section
8—Possession etc of declared listening device
27Amendment of section
9—Power to seize listening devices etc
28Amendment of section
10—Evidence
29Amendment of section 11—Forfeiture of
listening devices
30Amendment of section
12—Regulations
Part 12—Amendment
of Local Government Act 1999
31Substitution of section
63
63Code of conduct for
members
32Amendment of section 74—Members to
disclose interests
33Insertion of section
78A
78AObtaining of legal
advice
34Substitution of section
110
110Code of conduct for
employees
35Amendment of section 129—Conduct of
audit
36Amendment of section 263—Grounds of
complaint
37Insertion of sections 263A and
263B
263AInvestigation of
grounds of complaint by Ombudsman
263BOutcome of Ombudsman
investigation
38Amendment of section 264—Complaint
lodged in District Court
39Amendment of section 267—Outcome of
proceedings
40Substitution of section
272
272Minister may refer
investigation of council to Ombudsman
41Amendment of section
273—Action on report
42Amendment of section 274—Investigation
of subsidiary
Part 13—Amendment
of Ombudsman Act 1972
43Amendment of section
3—Interpretation
44Amendment of section 13—Matters subject
to investigation
45Amendment of section 19A—Ombudsman may
issue direction in relation to administrative act
46Amendment of section
20—No obligation on persons to maintain secrecy
47Repeal of section 22
48Substitution of section
26
26Confidentiality,
disclosure of information and publication of reports
Part 14—Amendment
of Parliamentary Committees Act 1991
49Amendment of section
3—Interpretation
50Insertion of Parts 5E and 5F
Part 5E—Parliamentary Conduct
Committee
Division 1—Establishment and
membership of Committee
15MEstablishment of
Committee
15NMembership of Committee
Division 2—Functions of
Parliamentary Conduct Committee
15OFunctions of Committee
Part 5F—Crime and Corruption Policy
Review Committee
Division 1—Establishment and
membership of Committee
15PEstablishment of
Committee
15QMembership of Committee
Division 2—Functions of Crime and
Corruption Policy Review Committee
15RFunctions of Committee
Part 15—Amendment
of Police Act 1998
51Amendment of Act
52Amendment of section 38—Report and
investigation of breach of Code
53Amendment of section 67—Divestment
or suspension of powers
Part 16—Amendment
of Police (Complaints and Disciplinary Proceedings)
Act 1985
54Amendment of Act
55Amendment of section
12—Protection for Ombudsman and person acting under direction
56Amendment of section 21—Determination
by Ombudsman that investigation not warranted
57Amendment of section
28—Investigation of matters by Ombudsman
58Insertion of section
28A
28AObstruction
Part 17—Amendment
of Protective Security Act 2007
59Amendment of
Act
Part 18—Amendment
of Public Finance and Audit Act 1987
60Amendment of section
4—Interpretation
61Amendment of section 32—Examination of
publicly funded bodies and projects and local government indemnity
schemes
62Amendment of section
36—Auditor-General's annual report
Part 19—Amendment
of Public Sector Act 2009
63Amendment of section
25—Public Service employees
Part 20—Amendment
of Shop Theft (Alternative Enforcement) Act 2000
64Amendment of section
17—Confidentiality
Part 21—Amendment
of State Records Act 1997
65Amendment of section
3—Interpretation
Part 22—Amendment
of Summary Offences Act 1953
66Amendment of section
74C—Interpretation
Part 23—Amendment
of Terrorism (Preventative Detention) Act 2005
67Amendment of Act
Part 24—Amendment
of Whistleblowers Protection Act 1993
68Amendment of
Act
Part 25—Amendment
of Witness Protection Act 1996
69Amendment of Act
70Amendment of section 12—Access to
register
71Amendment of section
21—Offences
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Independent Commissioner Against Corruption
Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
(1) The primary objects of this Act are—
(a) to establish the Independent Commissioner Against Corruption with
functions designed to further—
(i) the identification and investigation of corruption in public
administration; and
(ii) the prevention or minimisation of corruption, misconduct and
maladministration in public administration, including through referral of
potential issues, education and evaluation of practices, policies and
procedures; and
(b) to establish the Office for Public Integrity to manage complaints
about public administration with a view to—
(i) the identification of corruption, misconduct and maladministration in
public administration; and
(ii) ensuring that complaints about public administration are dealt with
by the most appropriate person or body; and
(c) to achieve an appropriate balance between the public interest in
exposing corruption, misconduct and maladministration in public administration
and the public interest in avoiding undue prejudice to a person's reputation
(recognising that the balance may be weighted differently in relation to
corruption in public administration as compared to misconduct or
maladministration in public administration).
(2) While the Commissioner may perform functions under this Act in
relation to any potential issue of corruption, misconduct or maladministration
in public administration, it is intended that the primary object of the
Commissioner be—
(a) to investigate serious or systemic corruption in public
administration; and
(b) to refer serious or systemic misconduct or maladministration in public
administration to the relevant body, giving directions or guidance to the body
or exercising the powers of the body as the Commissioner considers
appropriate.
In this Act, unless the contrary intention appears—
Australian Parliament means—
(a) the Parliament of this State or any other State of the Commonwealth;
or
(b) the Parliament of the Commonwealth; or
(c) a Legislative Assembly of a Territory of the Commonwealth;
Commissioner means the person holding or acting in the office
of the Independent Commissioner Against Corruption;
complaint about public administration
includes—
(a) a complaint alleging corruption, misconduct or maladministration in
public administration; and
(b) any complaint about a public authority or public officer;
contract work means work performed by a person as a
contractor or as an employee of a contractor or otherwise directly or indirectly
on behalf of a contractor;
contravention includes failure to comply;
corruption in public administration—see
section 5;
disciplinary action includes any process for termination of
employment or dismissal from office;
document includes a written record that reproduces in an
understandable form information stored by computer, microfilm or other
process;
examiner—see
section 12;
inquiry agency means—
(a) the Ombudsman; or
(b) the Police Ombudsman; or
(c) the Commissioner for Public Sector Employment; or
(d) a person declared by regulation to be an inquiry agency;
investigator—see
section 12;
judicial body means a court, tribunal, body or person
invested by law with judicial or quasi-judicial powers;
judicial officer means a person who alone or with others
constitutes a judicial body;
law enforcement agency means—
(a) the Australian Crime Commission; or
(b) the Australian Federal Police; or
(c) the Australian Commission for Law Enforcement Integrity; or
(d) South Australia Police; or
(e) the Police Ombudsman; or
(f) the police force of another State or a Territory of the Commonwealth;
or
(g) in relation to New South Wales—the Crime Commission, the
Independent Commission Against Corruption, the Inspector of the Independent
Commission Against Corruption, the Police Integrity Commission or the Inspector
of the Police Integrity Commission; or
(h) in relation to Queensland—the Crime and Misconduct Commission;
or
(i) in relation to Tasmania—the Integrity Commission; or
(j) in relation to Victoria—the Office of Police Integrity, the
Independent Broad-based Anti-corruption Commission or the Independent
Broad-based Anti-corruption Commission Committee; or
(k) in relation to Western Australia—the Corruption and Crime
Commission or the Parliamentary Inspector of the Corruption and Crime
Commission; or
(l) a Royal Commission of the Commonwealth, the State or another State or
a Territory of the Commonwealth; or
(m) a person or body declared by regulation to be a law enforcement
agency;
local government body means a council or a subsidiary of a
council established under the
Local
Government Act 1999;
maladministration in public administration—see
section 5;
Minister responsible for a public authority—see
Schedule 1;
Minister responsible for an inquiry agency means the Minister
responsible for administration of the Act under which the agency is constituted
or, if some other Minister is declared by regulation to be responsible for the
agency, that Minister;
misconduct in public administration—see
section 5;
Office means the Office for Public Integrity;
personal details of a person means—
(a) the person’s full name; and
(b) the person’s date of birth; and
(c) the address of where the person is living; and
(d) the address of where the person usually lives; and
(e) the person’s business address;
prescribed offence means corruption in public administration
or an offence against this Act;
public administration—without limiting the acts that
may comprise public administration, an administrative act within the meaning of
the Ombudsman
Act 1972 will be taken to be carried out in the course of public
administration;
public authority—see
Schedule 1;
public officer—see
Schedule 1;
public sector agency has the same meaning as in the Public
Sector Act 2009;
public sector employee has the same meaning as in the Public
Sector Act 2009;
publish includes publish in printed or electronic form or by
public announcement (such as by radio, television or the Internet);
statement of information—see
section 26;
vehicle means a vehicle, vessel or aircraft and includes a
caravan, trailer and anything attached to a vehicle.
5—Corruption,
misconduct and maladministration
(1) Corruption in public administration means conduct that
constitutes—
(a) an offence against Part 7 Division 4 (Offences relating to
public officers) of the Criminal
Law Consolidation Act 1935, which includes the following
offences:
(i) bribery or corruption of public officers;
(ii) threats or reprisals against public officers;
(iii) abuse of public office;
(iv) demanding or requiring benefit on basis of public office;
(v) offences relating to appointment to public office; or
(b) an offence against the Public
Sector (Honesty and Accountability) Act 1995 or the Public
Corporations Act 1993, or an attempt to commit such an offence;
or
(c) any other offence (including an offence against Part 5 (Offences
of dishonesty) of the Criminal
Law Consolidation Act 1935) committed by a public officer while
acting in his or her capacity as a public officer or by a former public officer
and related to his or her former capacity as a public officer, or by a person
before becoming a public officer and related to his or her capacity as a public
officer, or an attempt to commit such an offence; or
(d) any of the following in relation to an offence referred to in a
preceding paragraph:
(i) aiding, abetting, counselling or procuring the commission of the
offence;
(ii) inducing, whether by threats or promises or otherwise, the commission
of the offence;
(iii) being in any way, directly or indirectly, knowingly concerned in, or
party to, the commission of the offence;
(iv) conspiring with others to effect the commission of the
offence.
(2) If the Commissioner suspects that an offence that is not corruption in
public administration (an incidental offence) may be directly or
indirectly connected with, or may be a part of, a course of activity involving
the commission of corruption in public administration (whether or not the
Commissioner has identified the nature of that corruption), then the incidental
offence is, for so long only as the Commissioner so suspects, taken for the
purposes of this Act to be corruption in public administration.
(3) Misconduct in public administration
means—
(a) contravention of a code of conduct by a public officer while acting in
his or her capacity as a public officer that constitutes a ground for
disciplinary action against the officer; or
(b) other misconduct of a public officer while acting in his or her
capacity as a public officer.
(4) Maladministration in public
administration—
(a) means—
(i) conduct of a public officer, or a practice, policy or procedure of a
public authority, that results in an irregular and unauthorised use of public
money or substantial mismanagement of public resources; or
(ii) conduct of a public officer involving substantial mismanagement in or
in relation to the performance of official functions; and
(b) includes conduct resulting from impropriety, incompetence or
negligence; and
(c) is to be assessed having regard to relevant statutory provisions and
administrative instructions and directions.
(5) Without limiting or extending the conduct that may comprise
corruption, misconduct or maladministration in public administration, this Act
applies to conduct that—
(a) occurred before the commencement of this Act; or
(b) occurs outside this State; or
(c) comprises a failure to act; or
(d) is conduct of a person who was a public officer at the time of its
occurrence but who has since ceased to be a public officer; or
(e) is conduct of a person who was not a public officer at the time of its
occurrence but who has since become a public officer.
Part 2—Independent
Commissioner Against Corruption
(1) There is to be an Independent Commissioner Against Corruption with the
following functions:
(a) to identify corruption in public administration and
to—
(i) investigate and refer it for prosecution; or
(ii) refer it to South Australia Police or the Police Ombudsman for
investigation and prosecution;
(b) to assist inquiry agencies and public authorities to identify and deal
with misconduct and maladministration in public administration;
(c) to give directions or guidance to inquiry agencies and public
authorities, and to exercise the powers of inquiry agencies in dealing with
misconduct and maladministration in public administration, as the Commissioner
considers appropriate;
(d) to evaluate the practices, policies and procedures of inquiry agencies
and public authorities with a view to advancing comprehensive and effective
systems for preventing or minimising corruption, misconduct and
maladministration in public administration;
(e) to conduct or facilitate the conduct of educational programs designed
to prevent or minimise corruption, misconduct and maladministration in public
administration;
(f) to perform other functions conferred on the Commissioner by this or
any other Act.
(2) The Commissioner is not subject to the direction of any person in
relation to any matter, including—
(a) the manner in which functions are carried out or powers exercised
under this or any other Act; and
(b) the priority that the Commissioner gives to a particular matter in
carrying out functions under this or any other Act.
(3) The Attorney-General may request the Commissioner to review a
legislative scheme related to public administration and to make recommendations
to the Attorney-General for the amendment or repeal of the scheme.
(4) The Commissioner is to perform his or her functions in a manner
that—
(a) is as open and accountable as is practicable, while recognising, in
particular, that—
(i) examinations relating to corruption in public administration must be
conducted in private; and
(ii) other Acts will govern processes connected with how misconduct and
maladministration in public administration is dealt with; and
(b) deals as expeditiously as is practicable with allegations of
corruption in public administration.
(1) The Commissioner is to be appointed by the Governor for a term not
exceeding 7 years and on conditions determined by the Governor.
(2) A person appointed to be the Commissioner is, at the end of a term of
appointment, eligible for reappointment but cannot hold office for consecutive
terms (including any term as Deputy Commissioner) that exceed 10 years in
total.
(3) A person is only eligible for appointment as the Commissioner if the
person—
(a) is a legal practitioner of at least 7 years standing (taking into
account, for that purpose, periods of legal practice and judicial service within
and outside the State) or a former judge of the High Court of Australia, the
Federal Court of Australia or the Supreme Court or any other court of a State or
Territory of the Commonwealth; and
(b) is not a judicial officer or member of an Australian
Parliament.
(4) The Commissioner must not, without the consent of the
Attorney-General, engage in any remunerated employment or undertaking outside
official duties.
(5) The Governor
may, on the address of both Houses of Parliament, remove the Commissioner from
office.
(6) The Governor
may suspend the Commissioner from office for—
(a) contravention of a condition of appointment; or
(b) misconduct; or
(c) failure or incapacity to carry out official duties satisfactorily;
or
(d) failure to provide information to the Attorney-General as required
under
section 47.
(7) If the Governor suspends the Commissioner from office, a full
statement of the reason for the suspension must be laid before both Houses of
Parliament within 7 days after the suspension if Parliament is then in
session or, if not, within 7 days after the commencement of the next
session of Parliament.
(8) If, at the end of 20 sitting days after the statement is laid
before Parliament, neither House of Parliament has presented an address to the
Governor requiring the Commissioner to be restored to office, the Commissioner
is removed from office.
(9) If within 20 sitting days after the statement is laid before
Parliament either House of Parliament presents an address to the Governor
requiring the Commissioner to be restored to office, the Commissioner is
restored to office.
(10) The office of Commissioner becomes vacant if the
holder—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Governor; or
(d) is appointed to judicial office; or
(e) is nominated for election as a member of an Australian Parliament;
or
(f) becomes an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(g) is convicted of—
(i) an indictable offence against the law of this State; or
(ii) an offence against the law of this State that is punishable by
imprisonment for a term of at least 12 months; or
(iii) an offence against the law of another jurisdiction that, if
committed in this State, would be an offence of a kind referred to in a
preceding paragraph; or
(h) is sentenced to imprisonment for an offence (whether against a law of
this State or another jurisdiction); or
(i) is removed from office by the Governor under this section.
(11) Except as is provided by this section, the Commissioner may not be
removed or suspended from office, nor will the office of the Commissioner become
vacant.
(12) The Commissioner is a senior official for the purposes of the Public
Sector (Honesty and Accountability) Act 1995.
(1) There is to be a Deputy Commissioner responsible for assisting the
Commissioner as directed by the Commissioner.
(2) The Deputy Commissioner is to be appointed by the Governor for a term
not exceeding 7 years and on conditions determined by the
Governor.
(3) A person appointed to be the Deputy Commissioner is, at the end of a
term of appointment, eligible for reappointment but cannot hold office for
consecutive terms (including any term as Commissioner) that exceed 10 years
in total.
(4) A person is only eligible for appointment as the Deputy Commissioner
if the person—
(a) is a legal practitioner of at least 7 years standing (taking into
account, for that purpose, periods of legal practice and judicial service within
and outside the State) or a former judge of the High Court of Australia, the
Federal Court of Australia or the Supreme Court or any other court of a State or
Territory of the Commonwealth; and
(b) is not a judicial officer or member of an Australian
Parliament.
(5) The Deputy Commissioner must not, without the consent of the
Attorney-General, engage in any remunerated employment or undertaking outside
official duties.
(6) The Deputy Commissioner may—
(a) act as the Commissioner during any period for which—
(i) no person is for the time being appointed as the Commissioner;
or
(ii) the Commissioner is absent from, or unable to discharge, official
duties; and
(b) when not so acting, perform functions or exercise powers at the
direction of the Commissioner.
(7) The Governor
may remove the Deputy Commissioner from office for—
(a) contravention of a condition of appointment; or
(b) misconduct; or
(c) failure or incapacity to carry out official duties
satisfactorily.
(8) The office of Deputy Commissioner becomes vacant if the
holder—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Governor; or
(d) is appointed to judicial office; or
(e) is nominated for election as a member of an Australian Parliament;
or
(f) becomes an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(g) is convicted of—
(i) an indictable offence against the law of this State; or
(ii) an offence against the law of this State that is punishable by
imprisonment for a term of at least 12 months; or
(iii) an offence against the law of another jurisdiction that, if
committed in this State, would be an offence of a kind referred to in a
preceding paragraph; or
(h) is sentenced to imprisonment for an offence (whether against a law of
this State or another jurisdiction); or
(i) is removed from office by the Governor under
subsection (7).
(9) Except as is provided by this section, the Deputy Commissioner may not
be removed from office, nor will the office of the Deputy Commissioner become
vacant.
(10) The Deputy Commissioner is a senior official for the purposes of the
Public
Sector (Honesty and Accountability) Act 1995.
(1) The Governor may, by instrument in writing, apply the Judges'
Pensions Act 1971 to or in relation to the Commissioner or Deputy
Commissioner as if the Commissioner or Deputy Commissioner were a Judge as
defined in that Act and service as the Commissioner or Deputy Commissioner were
judicial service as defined in that Act.
(2) The instrument may—
(a) impose conditions on the application of the Judges'
Pensions Act 1971 (including a condition that the Act will only
apply if the person is made a Judge following his or her term of office as
Commissioner or Deputy Commissioner); and
(b) apply the Judges'
Pensions Act 1971 subject to any modifications specified in the
instrument.
(3) Unless the Governor otherwise directs, no pension is to be payable
under the Judges'
Pensions Act 1971 if the Commissioner or Deputy Commissioner
vacates the office due to insolvency or conviction or sentencing for an offence
or is removed from office.
(4) If a person who is or has been the Commissioner or Deputy Commissioner
is appointed as a Judge as defined in the Judges'
Pensions Act 1971 and was, immediately before being so appointed,
in receipt of a pension under that Act, that pension ceases on the
appointment.
(1) The Commissioner may engage employees on terms and conditions
determined by the Commissioner.
(2) The employees are not Public Service employees but are to be taken to
be public sector employees, employed by the Commissioner, for the purposes of
the Public
Sector (Honesty and Accountability) Act 1995 and section 74 of
the Public
Sector Act 2009.
11—Use
of services or staff of other government entities
(1) The Commissioner may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
(2) The Commissioner may, under an arrangement established by the
Commissioner of Police, make use of members of South Australia Police, special
constables or the services of South Australia Police.
(3) The Commissioner may, under an arrangement established by the Director
of Public Prosecutions, make use of the services or staff of the Office of the
Director of Public Prosecutions.
12—Examiners
and investigators
(1) The Commissioner may appoint suitable persons to be examiners or
investigators for the purposes of this Act.
(2) An appointment may be made subject to conditions specified in the
instrument of appointment.
(3) The
Commissioner may, at any time, revoke an appointment of a person or vary or
revoke a condition of appointment or impose a further condition of
appointment.
(4) A police officer or special constable seconded to assist the
Commissioner is an investigator.
(5) An investigator who is not a police officer or special constable must
be issued with an identity card—
(a) containing the person's name and a photograph of the person;
and
(b) stating that the person is an investigator under this Act.
(6) If the powers of an investigator have been limited by conditions, the
identity card issued to the investigator must indicate those
limitations.
(7) An investigator must, at the request of a person in relation to whom
the investigator intends to exercise powers under this Act, produce for the
inspection of the person—
(a) in the case of an investigator who is a police officer or special
constable and is not in uniform—an official card, document or badge
identifying the person as a police officer or special constable; or
(b) in the case of an investigator appointed under this Act—his or
her identity card.
13—Cooperation
with law enforcement agencies
The Commissioner is to cooperate with other law enforcement agencies
insofar as that is consistent with the proper conduct of the Commissioner's
functions.
(1) The Commissioner may delegate to a person (including a person for the
time being performing particular duties or holding or acting in a specified
position) a function or power under this or any other Act (except a function or
power under
section 29 or a
prescribed function or power).
(2) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
Part 3—Office
for Public Integrity
There is to be an Office for Public Integrity with the following
functions:
(a) to receive and assess complaints about public administration from
members of the public;
(b) to receive and assess reports about corruption, misconduct and
maladministration in public administration from inquiry agencies, public
authorities and public officers;
(c) to make recommendations as to whether and by whom complaints and
reports should be investigated;
(d) to perform other functions assigned to the Office by the
Commissioner.
(1) The Office is responsible to the Commissioner for the performance of
its functions.
(2) The Commissioner is not bound by the recommendations of the
Office.
(3) The Office is to be comprised of—
(a) Public Service employees assigned to the Office to assist the
Commissioner; and
(b) employees of the Commissioner assigned to the Office by the
Commissioner.
Division 1—Complaints
and reports
A system for the receipt of complaints about public administration is to be
established for the Office.
(1) The Commissioner must prepare directions and guidelines governing
reporting to the Office of matters that an inquiry agency, public authority or
public officer reasonably suspects involves corruption, misconduct or
maladministration in public administration.
(2) The directions and guidelines—
(a) must include provisions specifying the matters required to be reported
and guidance as to how they should be reported; and
(b) may require matters to be reported even if the matter has been
referred to the inquiry agency, public authority or public officer under another
Act; and
(c) must be made available free of charge on the Internet, and at premises
established for the receipt of complaints or reports by the Office, for
inspection by members of the public.
(3) An inquiry agency, public authority or public officer—
(a) must make reports to the Office in accordance with the directions;
and
(b) may report to the Office any matter that the agency, authority or
officer reasonably suspects involves corruption, misconduct or maladministration
in public administration.
(4) The Attorney-General may, in any event, report such matters to the
Commissioner for consideration as the Attorney-General considers
appropriate.
19—Obstruction
of complaint or report
A person must not—
(a) prevent another person from making a complaint or report under this
Act about a matter that may involve corruption, misconduct or maladministration
in public administration; or
(b) hinder or obstruct another person in making such a complaint or
report.
Maximum penalty: $10 000 or imprisonment for 2 years.
20—False
or misleading statements in complaint or report etc
A person must not—
(a) make a statement knowing that it is false or misleading in a material
particular (whether by reason of the inclusion or omission of a particular) in
information provided in a complaint or report; or
(b) make a complaint or report knowing that there are no grounds for the
making of the complaint or report.
Maximum penalty: $10 000 or imprisonment for 2 years.
Division 2—Assessments,
investigations and referrals
Subdivision 1—Assessment
and action that may be taken
(1) On receipt by the
Office of a complaint or report, the matter must be assessed as to
whether—
(a) it raises a potential issue of corruption in public administration
that could be the subject of a prosecution; or
(b) it raises a potential issue of misconduct or maladministration in
public administration; or
(c) it raises some other issue that should be referred to an inquiry
agency, public authority or public officer; or
(d) it is trivial, vexatious or frivolous, it has previously been dealt
with by an inquiry agency or public authority and there is no reason to
reexamine it or there is other good reason why no action should be taken in
respect of it,
and recommendations must be made to the Commissioner accordingly.
(2) The Commissioner may also assess, or require the Office to assess,
according to the criteria set out in
subsection (1),
any other matter identified by the Commissioner acting on his or her own
initiative or by the Commissioner or the Office in the course of performing
functions under this or any other Act.
(1) If a matter is
assessed as raising a potential issue of corruption in public administration
that could be the subject of a prosecution, the matter must be—
(a) investigated by the Commissioner; or
(b) referred to South Australia Police, the Police Ombudsman (if the issue
concerns a police officer or special constable) or other law enforcement
agency.
(2) If a matter is
assessed as raising a potential issue of misconduct or maladministration in
public administration, the matter must be dealt with in 1 of the following
ways:
(a) the matter may be referred to an inquiry agency and, if the
Commissioner considers it appropriate, the Commissioner may give directions or
guidance to the agency, or exercise the powers of the agency, in respect of the
matter; or
(b) the matter may be referred to the public authority concerned and, if
the Commissioner considers it appropriate, the Commissioner may give directions
or guidance to the authority in respect of the matter.
(3) If a matter is assessed as raising other issues that should be dealt
with by an inquiry agency, public authority or public officer, the matter must
be referred, or the complainant or reporting agency advised to refer the matter,
to the agency, authority or officer.
(4) If a matter is assessed as trivial, vexatious or frivolous, the matter
has previously been dealt with by an inquiry agency or public authority and
there is no reason to reexamine the matter or there is other good reason why no
action should be taken in respect of the matter, no action need be taken in
respect of the matter.
(5) The same matter, or different aspects of the same matter, may be dealt
with contemporaneously under more than 1 subsection.
Example—
A matter that is assessed as raising a potential issue of corruption in
public administration that could be the subject of a prosecution and a potential
issue of misconduct or maladministration in public administration may be dealt
with under both
subsection (1) and
subsection (2).
(6) A matter may be dealt with under this section even if it is a matter
referred to an inquiry agency or public authority under another Act.
(7) The making of an assessment, and whether action is taken, and what
action is taken, in respect of a matter is at the absolute discretion of the
Commissioner and, if an assessment is modified in the course of dealing with the
matter, the Commissioner may deal with the matter according to the modified
assessment.
(8) Subject to any directions of the Commissioner, reasonable steps must
be taken to ensure that a complainant or reporting agency receives an
acknowledgement of the complaint or report and is informed as to the action, if
any, taken in respect of the matter.
The Commissioner may make a public statement in connection with a
particular matter if, in the Commissioner's opinion, it is appropriate to do so
in the public interest, having regard to the following:
(a) the benefits to an investigation or consideration of a matter under
this Act that might be derived from making the statement;
(b) the risk of prejudicing the reputation of a person by making the
statement;
(c) whether the statement is necessary in order to allay public concern or
to prevent or minimise the risk of prejudice to the reputation of a
person;
(d) the risk of adversely affecting a potential prosecution.
Subdivision 2—Investigation
of corruption
24—Standard
operating procedures
(1) The Commissioner must prepare standard operating procedures governing
the exercise of powers by investigators for the purposes of an investigation
into corruption in public administration.
(2) The standard operating procedures must—
(a) include provisions designed to ensure that persons in relation to whom
powers are to be exercised under this Act are provided with appropriate
information about their rights, obligations and liabilities under this Act;
and
(b) be made available free of charge on the Internet, and at premises
established for the receipt of complaints or reports by the Office, for
inspection by members of the public.
(3) Contravention of the operating procedures constitutes a ground for
suspending, dismissing or taking other disciplinary action against the
investigator (but the validity of the exercise of a power cannot be questioned
on the ground of contravention of the operating procedures).
25—Management
of investigation
(1) If the Commissioner decides to investigate a potential issue of
corruption in public administration, the Commissioner must oversee the
investigation.
(2) The Commissioner—
(a) may determine to head the investigation himself or herself or appoint
the Deputy Commissioner or an examiner to head the investigation and report to
the Commissioner; and
(b) may appoint 1 or more legal practitioners to assist as counsel in
relation to the investigation.
26—Production
of statement of information
For the purposes of an investigation into corruption in public
administration, the person heading the investigation may, by written notice,
require a public authority or public officer to produce a written statement of
information about a specified matter within a specified period and in a
specified form, verified if the person so requires by statutory
declaration.
27—Examination
and production of documents and other things
(1) An examination may be conducted for the purposes of an investigation
into corruption in public administration as set out in
Schedule 2.
(2) A person may be required to produce a document or thing for the
purposes of an investigation into corruption in public administration as set out
in
Schedule 2.
28—Power
to require person to disclose identity
For the purposes of an investigation into corruption in public
administration, an investigator may require a person who the investigator
reasonably suspects has committed, is committing, or is about to commit, a
prescribed offence, or may be able to assist an investigation of a prescribed
offence, to state all or any of the person's personal details and to produce
evidence of those details.
29—Enter
and search powers under warrant
(1) The Commissioner may, on application by an investigator or on his or
her own initiative, issue a warrant authorising an investigator to enter and
search—
(a) a place occupied or used by an inquiry agency, public authority or
public officer; or
(b) a vehicle owned or used by an inquiry agency, public authority or
public officer.
(2) A judge of the Supreme Court may, on application by an investigator,
issue a warrant authorising an investigator to enter and search—
(a) a private place or private vehicle that is reasonably suspected of
being, or having been, used for or in connection with a prescribed offence;
or
(b) a private place or private vehicle in which it is reasonably suspected
there may be records relating to a prescribed offence or anything that has been
used in, or may constitute evidence of, a prescribed offence.
(3) A warrant may only be issued if the Commissioner or the judge is
satisfied that the warrant is reasonably required in the circumstances for the
purposes of an investigation into a potential issue of corruption in public
administration.
(4) An application for a warrant may be made personally or, if, in the
opinion of the applicant, the warrant is urgently required and there is not
enough time to lodge a written application and attend in person, by fax, email
or telephone in accordance with practices and procedures prescribed, in the case
of an application to the Commissioner, by the regulations and, in the case of an
application to a judge of the Supreme Court, by rules of the court.
(5) The grounds of an application for a warrant must be
verified—
(a) if the application is made to the Commissioner—by statutory
declaration; or
(b) if the application is made to a judge of the Supreme Court—by
affidavit.
(6) A warrant must—
(a) specify the place or vehicle to which the warrant relates;
and
(b) state whether entry is authorised at any time of the day or night or
during specified hours of the day or night.
(7) A warrant authorises an investigator—
(a) to enter and
search and, if necessary, use reasonable force to break into or
open—
(i) the place or vehicle to which the warrant relates; or
(ii) part of, or anything in or on, a place or vehicle to which the
warrant relates; and
(b) to give directions with respect to the stopping or movement of a
vehicle to which the warrant relates; and
(c) in the course of executing the warrant—
(i) to take photographs, films or audio, video or other recordings;
and
(ii) to examine, copy or take extracts from a document connected with the
investigation or any other investigation into corruption in public
administration; and
(iii) to examine or test any thing connected with the investigation or any
other investigation into corruption in public administration, or cause or
require it to be examined or tested; and
(iv) if the investigator reasonably suspects that a person who is or has
been on or in the place or vehicle has on or about his or her body evidence of a
prescribed offence, to search the person; and
(v) to seize and
retain anything that the investigator reasonably suspects has been used in, or
may constitute evidence of, a prescribed offence, or issue a retention order in
respect of such a thing requiring that it not be removed or interfered with
without the approval of an investigator; and
(vi) to seize and retain anything that the investigator reasonably
suspects has been used in, or may constitute evidence of, an offence other than
a prescribed offence, or issue a retention order in respect of such a thing
requiring that it not be removed or interfered with without the approval of an
investigator, if the investigator reasonably believes that it is necessary to do
so in order to prevent its concealment, loss, mutilation or destruction or its
use in committing such an offence.
(8) In executing a warrant, the investigator may be assisted by such
persons as the investigator considers necessary in the circumstances.
(9) An investigator
may require an occupier of a place or a person apparently in charge of a
document or thing to give to an investigator, or a person assisting an
investigator, such assistance as is reasonably required by the investigator for
the effective execution of a warrant.
(10) In searching a person under this section, the
investigator—
(a) may run his or her hands over the person's outer clothing;
and
(b) may require the
person to remove a coat, jacket, hat or shoes the person is wearing, and may run
his or her hands over the person's remaining outer clothing; and
(c) if the
investigator sees or detects any thing that he or she reasonably suspects is, or
contains, evidence of a prescribed offence, may require the person to surrender
that item for inspection; and
(d) may use reasonable force to remove an item from a person if the person
does not comply with a requirement to remove or surrender the item under
paragraph (b) or
(c); and
(e) may inspect an item that a person has removed or surrendered, or that
has been removed from a person; and
(f) must conduct the search in a manner that affords, to the extent that
the circumstances of the search permit, reasonable privacy to the person being
searched; and
(g) must conduct the search as quickly as is reasonably practicable in the
circumstances of the search.
(11) A search must be conducted by a person of the same sex as the person
being searched unless it is not reasonable or practicable to do so in the
circumstances of the search.
(12) A warrant, if not executed at the expiration of 1 month from the
date of its issue, then expires.
(13) The Supreme Court may make rules of court providing for the Chief
Justice to determine the judge to whom an application is to be made or otherwise
regulating practice and procedure for the purposes of this section.
(14) In this section—
private place means a place other than a place occupied or
used by an inquiry agency, public authority or public officer;
private vehicle means a vehicle other than a vehicle owned or
used by an inquiry agency, public authority or public officer.
30—Seizure
and retention order procedures
(1) A retention order under
section 29—
(a) must be in the form of a written notice given to the owner or person
apparently in control of the thing to which the order relates; and
(b) may be varied or discharged by further such written notice.
(2) If a retention order is issued, a person who, knowing of the order,
removes or interferes with the thing to which the order relates without the
approval of the Commissioner or an investigator before the thing is dealt with
under this section or the retention order discharged is guilty of an
offence.
Maximum penalty: $5 000.
(3) Subject to this
section, if any thing has been seized or made the subject of a retention order
under
section 29, the
following provisions apply:
(a) the thing must,
if it has been seized, be held pending proceedings for an offence related to the
thing seized, unless the Commissioner, on application, authorises its release to
the person from whom it was seized, or to a person who had legal title to it at
the time of its seizure, subject to such conditions as the Commissioner thinks
fit (including conditions as to the giving of security for satisfaction of an
order under
paragraph (b)(ii));
(b) if proceedings
for an offence relating to the thing are instituted within the designated period
after its seizure or the issuing of the retention order and the defendant is
convicted or found guilty of the offence, the court may—
(i) order that it be forfeited to the Crown; or
(ii) if it has been
released pursuant to
paragraph (a) or
is the subject of a retention order—order that it be forfeited to the
Crown or that the person to whom it was released or the defendant pay to the
Attorney-General an amount equal to its market value at the time of its seizure
as the court thinks fit;
(i) proceedings are not instituted for an offence relating to the thing
within the designated period after its seizure or the issuing of the retention
order; or
(ii) proceedings have been so instituted and—
(A) the defendant is found not guilty of the offence; or
(B) the defendant is convicted or found guilty of the offence but no order
for forfeiture is made under
paragraph (b),
then—
(iii) in the case
of a thing seized—the person from whom the thing was seized, or a person
with legal title to it, is entitled to recover from the Commissioner (if
necessary, by action in a court of competent jurisdiction) the thing itself, or
if it has been damaged or destroyed, compensation of an amount equal to its
market value at the time of its seizure; or
(iv) in the case of a thing subject to a retention order—the order
is discharged.
(4) In this section—
designated period means 6 months or such longer period
as a judge of the Supreme Court may, on application by the Commissioner,
allow.
(a) refuse or fail to provide a statement of information as required by
the person heading an investigation; or
(b) include information in a statement of information knowing that it is
false or misleading in a material particular; or
(c) without lawful excuse, refuse or fail to comply with a requirement or
direction of an investigator under this Act; or
(d) alter, destroy, conceal or fabricate a document or other thing knowing
that it is or is likely to be required by an investigator performing functions
under this Act; or
(e) otherwise hinder or obstruct an investigator, or a person assisting an
investigator, in the performance of his or her functions.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) An investigator
may arrest a person without warrant if the investigator reasonably suspects that
the person has committed, is committing, or is about to commit, an offence
against
subsection (1)
and—
(a) when required to do so by an investigator the person failed to state
truthfully his or her personal details or to produce true evidence of those
details; or
(b) the investigator has reasonable grounds for believing that the person
would, if not arrested—
(i) fail to attend court in answer to a summons issued in respect of the
offence; or
(ii) continue the offence or repeat the offence; or
(iii) alter, destroy, conceal or fabricate evidence relating to the
offence; or
(iv) intimidate, harass, threaten or interfere with a person who may
provide or produce evidence of the offence.
(3) On arresting a
person under this section, the investigator must immediately deliver the person,
or cause the person to be delivered, into the custody of a police officer (and
the person will, for the purposes of any other law, then be taken to have been
apprehended by the police officer without warrant).
32—Limiting
action by other agencies and authorities
(1) The
Commissioner may, by written notice, require a South Australian law enforcement
agency, inquiry agency or public authority to refrain from taking action, in
respect of a particular matter being investigated by the Commissioner under this
Act or to conduct a joint investigation with the Commissioner in respect of a
particular matter (and the agency or authority must comply with the requirement
even if the agency or authority is otherwise required or authorised to take
action under another Act).
(2) The notice must specify the period for which it is to apply and set
out details of the action that is not to be taken or the requirements governing
any joint investigation.
(3) The Commissioner must consider any comments of the agency or authority
with respect to the terms of the notice.
33—Injunction
to refrain from conduct pending investigation
(1) The Supreme Court may, on application made by the Commissioner (in a
case where
section 32 does not
apply or the Commissioner does not consider it appropriate to issue a notice
under that section), grant an injunction restraining a person from engaging in
conduct that is the subject of, or affects the subject matter of, an
investigation or proposed investigation by the Commissioner.
(2) The Supreme Court must not grant an injunction under this section
unless it is satisfied—
(a) that the conduct sought to be restrained is likely to impede the
investigation or proposed investigation; or
(b) that it is necessary in the public interest to do so.
(3) The Supreme Court cannot require the Commissioner to give an
undertaking as to damages as a condition of the granting of an injunction under
this section.
34—Prosecutions
and disciplinary action
On completing an investigation or at any time during an investigation, the
Commissioner may do either or both of the following:
(a) refer a matter to the relevant law enforcement agency for further
investigation and potential prosecution;
(b) refer a matter to a public authority for further investigation and
potential disciplinary action against a public officer for whom the authority is
responsible.
Subdivision 3—Referral
of misconduct or maladministration
(1) The Commissioner may not refer a matter to an inquiry agency except
after consultation with the agency and after taking into consideration the views
of the agency.
(2) If a matter raising potential issues of misconduct or
maladministration in public administration is referred to an inquiry agency, the
directions or guidance that may be given to the agency by the Commissioner
include (without limitation)—
(a) a requirement that the agency submit a report or reports on action
taken in respect of the matter as set out in the directions; and
(b) a recommendation as to the action that should be taken by the agency
and the period within which it should be taken.
(3) If the matter has been previously referred to the inquiry agency under
an Act, the Commissioner must take that into account in formulating the
directions or guidance.
(4) The Commissioner may disclose to the inquiry agency information that
the Commissioner has in respect of the matter.
(5) If the Commissioner decides to exercise the powers of an inquiry
agency in respect of a matter referred to the inquiry agency—
(a) the Commissioner must notify the agency in writing; and
(b) the agency must refrain from taking action in respect of the matter;
and
(c) the Commissioner has all the functions and powers of the agency as if
the Commissioner constituted the agency; and
(d) the Commissioner is bound by any Act governing the performance of the
functions or the exercise of the powers by the agency; and
(e) a reference to the agency in any Act will be taken to include a
reference to the Commissioner; and
(f) the Commissioner must inform the agency of the outcome of the
matter.
(6) The Commissioner may at any time—
(a) revoke a referral to an inquiry agency; or
(b) revoke or vary directions or guidance given to an inquiry agency or
give further directions or guidance; or
(c) withdraw from exercising the powers of an inquiry agency or decide to
exercise such powers,
as the Commissioner sees fit.
(7) If the Commissioner is not satisfied that an inquiry agency has duly
and properly taken action in relation to a matter referred by the Commissioner,
the Commissioner must inform the agency of the grounds of the Commissioner's
dissatisfaction and give the agency an opportunity to comment within a specified
time.
(8) If, after
considering any comments received from the inquiry agency within the specified
time, the Commissioner is still not satisfied, the Commissioner may submit a
report to the Minister responsible for the agency setting out the grounds of
dissatisfaction, together with any comments from the agency.
(9) If, after
considering any comments received from the Minister responsible for the inquiry
agency within 21 days after the report was submitted to the Minister, the
Commissioner is still not satisfied, the Commissioner may provide to the
President of the Legislative Council and the Speaker of the House of Assembly a
report setting out the grounds of dissatisfaction.
(10) The President of the Legislative Council and the Speaker of the House
of Assembly must, on the first sitting day after receiving a report, lay it
before their respective Houses.
36—Referral
to public authority
(1) The Commissioner may not refer a matter to a public authority except
after consultation with the authority and after taking into consideration the
views of the authority.
(2) If a matter raising potential issues of misconduct or
maladministration in public administration is referred to a public authority,
the directions or guidance that may be given to the authority by the
Commissioner include (without limitation)—
(a) a requirement that the authority submit a report or reports on action
taken in respect of the matter as set out in the directions; and
(b) a recommendation as to the action that should be taken by the
authority and the period within which it should be taken.
(3) The Commissioner may not give directions to the Governor or a judicial
officer or to the Attorney-General in relation to a matter concerning the
Governor or a judicial officer.
(4) The Commissioner may disclose to the public authority information that
the Commissioner has in respect of the matter.
(5) The Commissioner may revoke or vary directions or guidance given to a
public authority or give further directions or guidance, as the Commissioner
sees fit.
(6) If the Commissioner is not satisfied that a public authority has duly
and properly taken action in relation to a matter referred by the Commissioner,
the Commissioner must inform the authority of the grounds of the Commissioner's
dissatisfaction and give the authority an opportunity to comment within a
specified time.
(7) If, after
considering any comments received from the public authority within the specified
time, the Commissioner is still not satisfied, the Commissioner may submit a
report to the Minister responsible for the authority setting out the grounds of
dissatisfaction, together with any comments from the authority.
(8) If, after
considering any comments received from the Minister responsible for the public
authority within 21 days after the report was submitted to the Minister,
the Commissioner is still not satisfied, the Commissioner may provide to the
President of the Legislative Council and the Speaker of the House of Assembly a
report setting out the grounds of dissatisfaction.
(9) The President of the Legislative Council and the Speaker of the House
of Assembly must, on the first sitting day after receiving a report, lay it
before their respective Houses.
Subdivision 4—Request
for Auditor-General to examine accounts
37—Request
for Auditor-General to examine accounts
The Commissioner may, if the Commissioner considers it appropriate in
respect of any matter subject to an assessment, investigation or referral under
this Act, request the Auditor-General to conduct an examination of accounts
under the Public
Finance and Audit Act 1987.
Division 3—Evaluation
of agency or authority practices
38—Evaluation
of practices, policies and procedures
(1) If, in performing the Commissioner's functions, the Commissioner
decides to evaluate the practices, policies and procedures of an inquiry agency
or public authority, the Commissioner must inform the agency or authority as to
the nature and timing of the evaluation.
(2) An inquiry agency or public authority must assist the Commissioner in
the conduct of the evaluation as requested by the Commissioner.
(3) The Commissioner must prepare a report of the evaluation and provide a
copy to the President of the Legislative Council and the Speaker of the House of
Assembly.
(4) The President of the Legislative Council and the Speaker of the House
of Assembly must, on the first sitting day after receiving a report, lay it
before their respective Houses.
Division 4—Recommendations
and reports by Commissioner
(1) On conducting an evaluation or in response to issues observed by the
Commissioner in the course of an investigation or the handling of a matter
referred to an inquiry agency or public authority, the Commissioner may
recommend to an inquiry agency or public authority that the agency or
authority—
(a) change practices, policies or procedures in a specified way or review
practices, policies or procedures to achieve specified outcomes; or
(b) conduct, or participate in, specified educational programs or
educational programs designed to achieve specified outcomes.
(2) The Commissioner must prepare a report containing the recommendations
and provide a copy to the President of the Legislative Council and the Speaker
of the House of Assembly.
(3) The President of the Legislative Council and the Speaker of the House
of Assembly must, on the first sitting day after receiving a report, lay it
before their respective Houses.
(4) If the Commissioner is not satisfied that an inquiry agency or public
authority has complied with the recommendations of the Commissioner, the
Commissioner must inform the agency or authority of the grounds of the
Commissioner's dissatisfaction and give the agency or authority an opportunity
to comment within a specified time.
(5) If, after
considering any comments received from the inquiry agency or public authority
within the specified time, the Commissioner is still not satisfied, the
Commissioner may submit a report to the Minister responsible for the agency or
authority setting out the grounds of dissatisfaction, together with any comments
from the agency or authority.
(6) If, after
considering any comments received from the Minister responsible for the inquiry
agency or public authority within 21 days after the report was submitted to
the Minister, the Commissioner is still not satisfied, the Commissioner may
provide to the President of the Legislative Council and the Speaker of the House
of Assembly a report setting out the grounds of dissatisfaction.
(7) The President of the Legislative Council and the Speaker of the House
of Assembly must, on the first sitting day after receiving a report, lay it
before their respective Houses.
(1) The Commissioner may prepare a report setting out—
(a) recommendations, formulated in the course of the performance of the
Commissioner's functions, for the amendment or repeal of a law; or
(b) other matters arising in the course of the performance of the
Commissioner's functions (but not identifying or about a particular matter
subject to assessment, investigation or referral under this Act) that the
Commissioner considers to be in the public interest to disclose.
(2) A copy of the report must be provided to the Attorney-General, the
President of the Legislative Council and the Speaker of the House of
Assembly.
(3) The President of the Legislative Council and the Speaker of the House
of Assembly must, on the first sitting day after 28 days (or such shorter
number of days as the Attorney-General approves) have passed after receiving a
report, lay it before their respective Houses.
41—Proceedings
before judicial body or charge of offence does not inhibit performance of
functions
The Commissioner, the Deputy Commissioner, an examiner or an investigator
may perform functions or exercise powers in respect of a particular matter
despite proceedings that may be before a judicial body or the fact that a person
has been charged with an offence but, in that case, the Commissioner, Deputy
Commissioner, examiner or investigator must endeavour to avoid, as far as
practicable, prejudice to any person affected by the proceedings.
42—Public
authority to assist with compliance by public officers
(1) A public authority must assist the public officers for whom it is
responsible to comply with requirements and directions of the Commissioner, the
Deputy Commissioner, an examiner or an investigator under this Act and, in
particular, regard compliance as an official duty that may be performed during
normal working hours.
(2) If a public officer attends at a place at the direction, or as
reasonably required by a direction, of the Commissioner, the Deputy
Commissioner, an examiner or an investigator under this Act, the
officer—
(a) will be taken not to be absent from work for the period for which the
officer's attendance is required; and
(b) will, if attendance necessitates the absence of the officer from the
officer's usual place of employment, be entitled to be reimbursed from the funds
of the public authority responsible for the officer for expenses in respect of
travel, accommodation and meals in accordance with rates determined by the
Commissioner.
43—Commissioner's
annual report
(1) The Commissioner must, before 30 September in each year, prepare
a report on the operations of the Commissioner and the Office.
(2) The report must—
(a) relate to the financial year preceding the making of the report;
and
(b) describe—
(i) the number and general nature of complaints and reports received by
the Office; and
(ii) the number and general nature of matters investigated by the
Commissioner; and
(iii) the number of warrants issued by the Commissioner and by judges of
the Supreme Court; and
(iv) the number of examinations conducted; and
(v) the extent to which investigations have resulted in prosecutions or
disciplinary action; and
(vi) the number and general nature of matters referred for investigation
to the Commissioner of Police, the Police Ombudsman or other law enforcement
agency; and
(vii) the number and general nature of occasions on which public
statements have been made by the Commissioner; and
(viii) the number and general nature of matters referred to an inquiry
agency or public authority; and
(ix) the number and general nature of directions or guidance given by the
Commissioner in referring matters; and
(x) the number and general nature of the occasions on which the
Commissioner exercised the powers of an inquiry agency in respect of a referred
matter; and
(xi) the number and general nature of requests for examinations of
accounts by the Auditor-General; and
(xii) the number and general nature of recommendations made to an inquiry
agency or public authority by the Commissioner; and
(xiii) the number and general nature of reports made to the
Attorney-General, President of the Legislative Council or Speaker of the House
of Assembly; and
(xiv) a description of the activities carried out in relation to its
evaluation and educational functions; and
(c) deal with any other matters stipulated by the regulations.
(3) A copy of the report must be delivered to the President of the
Legislative Council and the Speaker of the House of Assembly.
(4) The President of the Legislative Council and the Speaker of the House
of Assembly must, on the first sitting day after receiving a report, lay it
before their respective Houses.
44—Annual
review of exercise of powers
(1) The Attorney-General must, before the end of each financial year,
appoint a person who would be eligible for appointment as the Commissioner to
conduct a review to determine whether powers under this Act were exercised in an
appropriate manner during the financial year.
(2) The Commissioner must ensure that a person appointed to conduct a
review is provided with such information as he or she may require for the
purpose of conducting the review.
(3) A report on a review must be presented to the Attorney-General on or
before 30 September in each year.
(4) The Attorney-General must, within 12 sitting days after receipt
of the report, cause copies of the report to be laid before each House of
Parliament.
45—Crime
and Corruption Policy Review Committee
The Commissioner must ensure that a copy of each annual report and other
public report prepared by the Commissioner under this Act is promptly delivered
to the Crime and Corruption Policy Review Committee established under the Parliamentary
Committees Act 1991.
The Commissioner must maintain a website for the purposes of this Act and
include on it—
(a) information about the educational programs conducted or facilitated by
the Commissioner; and
(b) information about the evaluations of practices, policies and
procedures of inquiry agencies and public authorities conducted by the
Commissioner; and
(c) information about the other functions of the Commissioner and the
Office; and
(d) the Commissioner's standard operating procedures; and
(e) the reports prepared under
section 39;
and
(f) the reports prepared under
section 40;
and
(g) the Commissioner's annual reports; and
(h) the reports on reviews under
section 44;
and
(i) information designed to assist in preventing or minimising corruption,
misconduct and maladministration in public administration or other material, as
considered appropriate by the Commissioner.
47—Provision
of information to Attorney-General
(1) The Commissioner must keep the Attorney-General informed of the
general conduct of the functions of the Commissioner and the Office and, if the
Attorney-General so requests, provide information to the Attorney-General
relevant to the performance of the functions of the Commissioner or the Office
(but not information identifying or about a particular matter subject to
assessment, investigation or referral under this Act).
(2) However, if the Commissioner is of the opinion that to provide
information as requested by the Attorney-General would compromise the proper
performance of the Commissioner's functions, the Commissioner may instead
provide to the Governor a detailed written explanation of the reasons for the
Commissioner's opinion.
48—No
obligation on persons to maintain secrecy
No obligation to maintain secrecy or other restriction on the disclosure of
information applies for the purposes of a complaint, report or investigation
under this Act, except an obligation or restriction designed to keep the
identity of an informant secret.
49—Arrangements
for provision of information by Commissioner of Police and Police
Ombudsman
The Commissioner of Police and the Police Ombudsman are to enter into
arrangements with the Commissioner under which the Commissioner, the Deputy
Commissioner, examiners and investigators are given access to confidential
information and databases for the purposes of investigations under this Act and
for appropriate protection of the confidentiality of the information
accessed.
50—Commissioner
and staff to be regarded as law enforcement body
The Commissioner and members of the staff of the Commissioner are, for the
purposes of any other Act, to be regarded as a body established for law
enforcement purposes (however described).
51—Impersonation
of Commissioner, Deputy Commissioner, examiner or
investigator
A person must not falsely represent, by words or conduct, that he or she is
the Commissioner, the Deputy Commissioner, an examiner or an
investigator.
Maximum penalty: $5 000 or imprisonment for 1 year.
(1) A person must
not, directly or indirectly, disclose information obtained in the course of the
administration of this Act in connection with a matter that forms or is the
subject of a complaint, report, assessment, investigation, referral or
evaluation under this Act except—
(a) for the purposes of the administration or enforcement of this Act;
or
(b) for the purposes of a criminal proceeding or a proceeding for the
imposition of a penalty; or
(c) for the performance of the functions of the Commissioner under another
Act; or
(d) as otherwise required or authorised by this Act.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) The Commissioner
may, as the Commissioner considers appropriate, provide, or authorise the
provision of, information connected with a matter that is the subject of a
complaint, report, assessment, investigation, referral or evaluation under this
Act to—
(a) a person who makes a complaint or report to the Office; or
(b) a person who is the subject of a complaint, report or investigation;
or
(c) a person who is required by the Commissioner or an investigator to
answer a question, produce a document or other thing or provide a copy of a
document or a statement of information; or
(d) an inquiry agency, public authority or public officer; or
(e) a law enforcement agency; or
(f) a Minister; or
(g) the Auditor-General; or
(h) a legal or technical expert from whom advice is sought in the course
of an investigation; or
(i) a person conducting a review under
Part 5; or
(j) any other person of a class prescribed by the regulations.
(3) Without limiting the matters to which the Commissioner may have regard
in determining whether it is appropriate to provide or authorise the provision
of information under
subsection (2), it
is intended that the Commissioner have regard to whether that action may assist
in the prevention of the commission of an offence constituting or involving
corruption.
(4) Information connected with a matter that is the subject of a
complaint, report, assessment, investigation, referral or evaluation under this
Act provided by the Commissioner or on the authorisation of the Commissioner
will be taken to be provided on the understanding that the information is
confidential unless the person to whom the information is provided is informed
in writing to the contrary.
(5) Information obtained by a person present when information or evidence
is being given before the Commissioner, the Deputy Commissioner, an examiner or
an investigator under this Act will be taken to be provided by the Commissioner
to the person on the understanding that the information is confidential unless
the person is informed by the Commissioner in writing to the contrary.
(6) If the Commissioner provides, or authorises the provision of,
information to a person on the understanding that the information is
confidential, that person, and any person or employee under the control of the
person, is subject to the same rights, privileges, obligations and liabilities
under this section as if the person obtained the information in the course of
the administration of this Act.
53—Proceedings
to be heard in private
(1) Subject to an order of the court or judicial officer concerned to the
contrary, proceedings for an application for a warrant or injunction under this
Act, proceedings for contempt of the Commissioner and other proceedings under
this Act (other than for an offence) must be heard in private.
(2) Proceedings for an offence against this Act must be heard in private
if a public hearing may prejudice an investigation under this Act or unduly
prejudice the reputation of a person other than the defendant.
54—Publication
of information and evidence
A person must not, except as authorised by the Commissioner, publish, or
cause to be published—
(a) information tending to suggest that a particular person is, has been,
may be, or may have been, the subject of a complaint, report, assessment,
investigation or referral under this Act; or
(b) information that might enable a person who has made a complaint or
report under this Act to be identified or located; or
(c) the fact that a person has made or may be about to make a complaint or
report under this Act; or
(d) information that might enable a person who has given or may be about
to give information or other evidence under this Act to be identified or
located, or
(e) the fact that a person has given or may be about to give information
or other evidence under this Act; or
(f) any other information or evidence publication of which is prohibited
by the Commissioner.
Maximum penalty: $5 000 or imprisonment for 1 year.
(1) A person who causes detriment to another on the ground, or
substantially on the ground, that the other person or a third person has made or
intends to make a complaint or report under this Act or has provided, or intends
to provide, information or other assistance to the Commissioner in connection
with an investigation under this Act commits an act of victimisation.
(2) Causing detriment on the ground that a person—
(a) has made a false allegation; or
(b) has not acted in good faith,
does not constitute an act of victimisation.
(3) An act of victimisation under this Act may be dealt
with—
(a) as a tort; or
(b) as if it were an act of victimisation under the Equal
Opportunity Act 1984,
but, if the victim commences proceedings in a court seeking a remedy in
tort, he or she cannot subsequently lodge a complaint under the Equal
Opportunity Act 1984 and, conversely, if the victim lodges a
complaint under that Act, he or she cannot subsequently commence proceedings in
a court seeking a remedy in tort.
(4) If a complaint alleging an act of victimisation under this Act has
been lodged with the Commissioner for Equal Opportunity and the Commissioner is
of the opinion that the subject matter of the complaint has already been
adequately dealt with by a competent authority, the Commissioner may decline to
act on the complaint or to proceed further with action on the
complaint.
(5) In this section—
detriment includes—
(a) injury, damage or loss; or
(b) intimidation or harassment; or
(c) discrimination, disadvantage or adverse treatment in relation to a
person's employment; or
(d) threats of reprisal.
Subject to the regulations, a notice or other document required or
authorised to be given to or served on a person under this Act
may—
(a) be given to the person personally; or
(b) be left for the person at the person's place of residence or business
with someone apparently over the age of 16 years; or
(c) be posted to the person at the person's last known place of residence
or business; or
(d) be transmitted by fax or email to a fax number or email address
provided by the person (in which case the notice or other document will be taken
to have been given or served at the time of transmission); or
(e) if the person is a company or registered body within the meaning of
the Corporations Act 2001 of the Commonwealth, be served in
accordance with that Act.
In proceedings, a certificate apparently executed by the Commissioner
certifying as to a matter relating to—
(a) the appointment of an examiner or investigator; or
(b) a delegation; or
(c) a notice; or
(d) an order; or
(e) the receipt or non-receipt of a document, statement of information or
other thing,
under this Act constitutes proof, in the absence of proof to the contrary,
of the matters so certified.
(1) The Governor may
make such regulations as are contemplated by this Act, or necessary or expedient
for the purposes of this Act.
(2) Without limiting the generality of
subsection (1), the
regulations may—
(a) make provision for the payment of expenses or other amounts to persons
(other than public officers) required to attend before the Commissioner, the
Deputy Commissioner, an examiner or an investigator, produce a document or other
thing or provide a copy of a document; and
(b) prescribe forms for the purposes of this Act; and
(c) prescribe the manner in which a summons or notice under
Schedule 2 is to be
served or given to a person; and
(d) prescribe fines (not exceeding $5 000) for offences against the
regulations; and
(e) be of general application or vary in their application according to
prescribed factors; and
(f) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the
Commissioner.
The Attorney-General must, within 5 years after the commencement of
this Act or any provision of this Act—
(a) cause a report to be prepared on the operation of this Act;
and
(b) cause a copy of the report to be laid before each House of
Parliament.
Schedule 1—Public
officers, public authorities and responsible Ministers
For the purposes of this Act, the table below lists public officers, the
public authorities responsible for the officers and the Ministers responsible
for the public authorities.
Public officers |
Public authority |
Minister |
---|---|---|
Governor |
Attorney-General |
Premier |
a person appointed to an office by the Governor |
Governor Attorney-General |
Premier |
President of the Legislative Council |
Attorney-General |
Premier |
a Member of the Legislative Council (other than the President) an officer of the Legislative Council a person under the separate control of the President a member of the joint parliamentary service when the President of the
Legislative Council is the chairman of the Joint Parliamentary Service
Committee |
President of the Legislative Council |
Premier |
Speaker of the House of Assembly |
Attorney-General |
Premier |
a Member of the House of Assembly (other than the Speaker) an officer of the House of Assembly a person under the separate control of the Speaker a member of the joint parliamentary service when the Speaker of the House
of Assembly is the chairman of the Joint Parliamentary Service
Committee |
Speaker of the House of Assembly |
Premier |
the principal officer of a judicial body a judicial officer that constitutes a judicial body |
Attorney-General |
Premier |
a judicial officer (other than a judicial officer who is the principal
officer of a judicial body or who constitutes a judicial body) |
the principal officer of the judicial body of which the judicial officer is
a member Attorney-General |
Premier |
a member of the staff of the State Courts Administration Council |
State Courts Administration Council |
Attorney-General |
a person who constitutes a statutory authority or who is a statutory office
holder |
the Minister responsible for the administration of the Act under which the
statutory authority is constituted or the statutory office holder is
appointed |
Premier |
a person who is a member of the governing body of, a statutory
authority an officer or employee of a statutory authority or statutory office holder
or a Public Service employee assigned to assist the statutory authority or
statutory office holder |
the statutory authority or statutory office holder |
the Minister responsible for the administration of the Act constituting the
statutory authority or statutory office holder |
a member of a local government body an officer or employee of a local government body |
the local government body |
the Minister responsible for the administration of the Local
Government Act 1999 |
the chief executive of an administrative unit of the Public
Service |
the Minister responsible for the administrative unit |
Premier |
a Public Service employee (other than a chief executive) |
the chief executive of the administrative unit of the Public Service in
which the employee is employed |
the Minister responsible for the administrative unit |
a police officer |
Commissioner of Police |
the Minister responsible for the administration of the Police
Act 1998 |
a protective security officer appointed under the Protective
Security Act 2007 |
Commissioner of Police |
the Minister responsible for the administration of the Protective
Security Act 2007 |
an officer or employee appointed by the employing authority under the Education
Act 1972 |
the employing authority under the Education
Act 1972 |
the Minister responsible for the administration of the Education
Act 1972 |
an officer or employee appointed by the employing authority under the Technical
and Further Education Act 1975 |
the employing authority under the Technical
and Further Education Act 1975 |
the Minister responsible for the administration of the Technical
and Further Education Act 1975 |
a person appointed by the Premier under the Public
Sector Act 2009 |
Premier |
Attorney-General |
a person appointed by the Minister under the Public
Sector Act 2009 |
the Minister responsible for the administration of the Public
Sector Act 2009 |
Premier |
any other public sector employee |
the public sector agency that employs the employee |
if the public sector agency is the Premier, the Attorney-General if the public sector agency is a Minister other than the Premier, the
Premier in any other case, the Minister responsible for the public sector agency or
the Premier |
a person to whom a function or power of a public authority or a public
officer is delegated in accordance with an Act |
the public authority or the public authority responsible for the public
officer (as the case requires) |
if the public authority is the Premier, the Attorney-General if the public authority is a Minister other than the Premier, the
Premier in any other case, the Minister responsible for the public
authority |
a person who is, in accordance with an Act, assisting a public officer in
the enforcement of the Act |
the public authority responsible for the public officer |
the Minister responsible for the public authority |
a person performing contract work for a public authority or the
Crown |
if the work is performed for a public authority, the public authority or,
in any other case, the Premier |
the Minister responsible for the public authority |
a person declared by regulation to be a public officer |
the person declared by regulation to be the public authority responsible
for the public officer |
the Minister declared by regulation to be responsible for the public
authority and its public officers |
Schedule 2—Examination
and production of documents and other things
In this Schedule—
examiner means—
(a) the Commissioner; or
(b) the Deputy Commissioner; or
(c) an examiner appointed by the Commissioner;
official matter means any of the following (whether past,
present or contingent):
(a) an investigation into corruption in public administration;
(b) an examination held by an examiner;
(c) court proceedings.
An examiner may conduct an examination for the purposes of an investigation
into corruption in public administration.
(1) An examiner may regulate the conduct of proceedings at an examination
as the examiner thinks fit.
(2) At an
examination before an examiner—
(a) a person giving evidence may be represented by a legal practitioner;
and
(b) if, by reason of the existence of special circumstances, the examiner
consents to a person who is not giving evidence being represented by a legal
practitioner—the person may be so represented.
(3) An examination
before an examiner must be held in private and the examiner may give directions
as to the persons who may be present during the examination or a part of the
examination.
(4) Nothing in a
direction given by the examiner under
subclause (3)
prevents the presence, when evidence is being taken at an examination before the
examiner, of—
(a) a person representing the person giving evidence; or
(b) a person representing, in accordance with
subclause (2), a
person who, by reason of a direction given by the examiner under
subclause (3),
is entitled to be present.
(5) If an
examination before an examiner is being held, a person (other than a member of
the staff of the Commissioner approved by the examiner) must not be present at
the examination unless the person is entitled to be present by reason of a
direction given by the examiner under
subclause (3) or
by reason of
subclause (4).
(6) At an examination before an examiner—
(a) counsel assisting the examiner generally or in relation to the matter
to which the investigation relates; or
(b) any person authorised by the examiner to appear before the examiner at
the examination; or
(c) any legal practitioner representing a person at the examination in
accordance with
subclause (2),
may, so far as the examiner thinks appropriate, examine or cross-examine
any witness on any matter that the examiner considers relevant to the
investigation or any other investigation.
(7) If a person
(other than a member of the staff of the Commissioner) is present at an
examination before an examiner while another person (the witness)
is giving evidence at the examination, the examiner must—
(a) inform the witness that the person is present; and
(b) give the
witness an opportunity to comment on the presence of the person.
(8) A person does not cease to be entitled to be present at an examination
before an examiner or part of such an examination if—
(a) the examiner fails to comply with
subclause (7);
or
(b) a witness comments adversely on the presence of the person under
subclause (7)(b).
(9) An examiner may
direct that—
(a) any evidence given before the examiner; or
(b) the contents of any document, or a description of any thing, produced
to the examiner; or
(c) any information that might enable a person who has given evidence
before the examiner to be identified; or
(d) the fact that any person has given or may be about to give evidence at
an examination,
must not be published, or must not be published except in such manner, and
to such persons, as the examiner specifies.
(10) The examiner must give such a direction if the failure to do so might
prejudice the safety or reputation of a person or prejudice the fair trial of a
person who has been, or may be, charged with an offence.
(11) Subject to
subclause (12),
the Commissioner may, in writing, vary or revoke a direction under
subclause (9).
(12) The
Commissioner must not vary or revoke a direction if to do so might prejudice the
safety or reputation of a person or prejudice the fair trial of a person who has
been or may be charged with an offence.
(a) a person has been charged with an offence; and
(b) the court considers that it may be desirable in the interests of
justice that particular evidence given before an examiner, being evidence in
relation to which the examiner has given a direction under
subclause (9),
be made available to the person or to a legal practitioner representing the
person,
the court may give to the examiner or to the Commissioner a certificate to
that effect and, if the court does so, the examiner or the Commissioner, as the
case may be, must make the evidence available to the court.
(a) the examiner or the Commissioner makes evidence available to a court
in accordance with
subclause (13);
and
(b) the court, after examining the evidence, is satisfied that the
interests of justice so require,
the court may make the evidence available to the person charged with the
offence concerned or to a legal practitioner representing the person.
(a) is present at an examination in contravention of
subclause (5);
or
(b) makes a
publication in contravention of a direction given under
subclause (9),
is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(16) At the conclusion of an examination held by an examiner, the examiner
must give the person heading the investigation—
(a) a record of the proceedings of the examination; and
(b) any documents or other things given to the examiner at, or in
connection with, the examination.
4—Power
to summon witnesses and take evidence
(1) An examiner may
summon a person to appear before the examiner at an examination to give evidence
and to produce such documents or other things (if any) as are referred to in the
summons.
(2) Before issuing a summons under
subclause (1),
the examiner must be satisfied that it is reasonable in all the circumstances to
do so.
(3) The examiner must also record in writing the reasons for the issue of
the summons.
(4) A summons under
subclause (1)
requiring a person to appear before an examiner at an examination must, unless
the examiner issuing the summons is satisfied that, in the particular
circumstances of the investigation to which the examination relates, it would
prejudice the effectiveness of the investigation for the summons to do so, set
out, so far as is reasonably practicable, the general nature of the matters in
relation to which the examiner intends to question the person, but nothing in
this subclause prevents the examiner from questioning the person in relation to
any matter that relates to an investigation into corruption in public
administration.
(5) The examiner who is holding an examination may require a person
appearing at the examination to produce a document or other thing.
(6) An examiner may, at an examination, take evidence on oath or
affirmation and for that purpose—
(a) the examiner may require a person appearing at the examination to give
evidence either to take an oath or to make an affirmation in a form approved by
the examiner; and
(b) the examiner, or a person who is a member of the staff of the
Commissioner authorised for the purpose by the Commissioner, may administer an
oath or affirmation to a person so appearing at the examination.
(7) The powers conferred by this clause are not exercisable except for the
purposes of an investigation into corruption in public administration.
(1) An examiner
may, by notice in writing served on a person, require the
person—
(a) to attend, at a time and place specified in the notice, before a
person specified in the notice, being the examiner or a member of the staff of
the Commissioner; and
(b) to produce at that time and place to the person so specified a
document or other thing specified in the notice, being a document or other thing
that is relevant to an investigation into corruption in public
administration.
(2) Before issuing a notice under
subclause (1),
the examiner must be satisfied that it is reasonable in all the circumstances to
do so.
(3) The examiner must also record in writing the reasons for the issue of
the notice.
(4) A notice may be issued under this clause in relation to an
investigation into corruption in public administration, whether or not an
examination before an examiner is being held for the purposes of the
investigation.
(5) A person must
not refuse or fail to comply with a notice served on the person under this
clause.
Maximum penalty: $20 000 or imprisonment for 4 years.
(6) The provisions
of
clause 8(3) to
(6) apply in relation
to a person who is required to produce a document or thing by a notice served on
him or her under this clause in the same manner as they apply in relation to a
person who is required to produce a document or thing at an examination before
an examiner.
6—Disclosure
of summons or notice may be prohibited
(1) The examiner issuing a summons under
clause 4 or a
notice under
clause 5 must,
or may, as provided in
subclause (2),
include in it a notation to the effect that disclosure of information about the
summons or notice, or any official matter connected with it, is prohibited
except in the circumstances, if any, specified in the notation.
(2) A notation must
not be included in the summons or notice except as follows:
(a) the examiner must include the notation if satisfied that failure to do
so would reasonably be expected to prejudice—
(i) the safety or reputation of a person; or
(ii) the fair trial of a person who has been or may be charged with an
offence; or
(iii) the effectiveness of an investigation;
(b) the examiner may include the notation if satisfied that failure to do
so might prejudice—
(i) the safety or reputation of a person; or
(ii) the fair trial of a person who has been or may be charged with an
offence; or
(iii) the effectiveness of an investigation;
(c) the examiner may include the notation if satisfied that failure to do
so might otherwise be contrary to the public interest.
(3) If a notation is included in the summons or notice, it must be
accompanied by a written statement setting out the rights and obligations
conferred or imposed by
clause 7 on the
person who was served with, or otherwise given, the summons or notice.
(4) If, after the
investigation concerned has been concluded—
(a) no evidence of an offence has been obtained; or
(b) evidence of an offence or offences has been assembled and the
Commissioner has been advised that no person will be prosecuted; or
(c) evidence of an offence or offences committed by only one person has
been assembled and criminal proceedings have begun against that person;
or
(d) evidence of an offence or offences committed by 2 or more persons
has been assembled and—
(i) criminal proceedings have begun against all those persons;
or
(ii) criminal proceedings have begun against 1 or more of those
persons and the Commissioner has been advised that no other of those persons
will be prosecuted,
all the notations that were included under this clause in any summonses or
notices relating to the operation or investigation are cancelled by this
subclause.
(5) If a notation
is cancelled by
subclause (4),
the Commissioner must serve a written notice of that fact on each person who was
served with, or otherwise given, the summons or notice containing the
notation.
(1) A person who is
served with, or otherwise given, a summons or notice containing a notation made
under
clause 6 must
not disclose—
(a) the existence of the summons or notice or any information about it;
or
(b) the existence of, or any information about, any official matter
connected with the summons or notice.
Maximum penalty: $5 000 or imprisonment for 1 year.
(2)
Subclause (1)
does not prevent the person from making a disclosure—
(a) in accordance with the circumstances, if any, specified in the
notation; or
(b) to a legal practitioner for the purpose of obtaining legal advice or
representation relating to the summons, notice or matter; or
(c) if the person
is a body corporate—to an officer or agent of the body corporate for the
purpose of ensuring compliance with the summons or notice; or
(d) if the person is a legal practitioner—for the purpose of
obtaining the agreement of another person under
clause 8(3) to
the legal practitioner answering a question or producing a document at an
examination before an examiner; or
(e) to a person or body for the purpose of determining whether the person
is entitled to obtain an indemnity for legal costs.
(3) If a disclosure is made to a person as permitted by
subclause (2) or
(4), the following
provisions apply:
(a) while he or she is a person of a kind to whom a disclosure is so
permitted to be made, he or she must not disclose the existence of, or any
information about, the summons or notice, or any official matter connected with
it, except as permitted by
subclause (4);
(b) while he or she is no longer such a person, he or she must not, in any
circumstances, make a record of, or disclose the existence of, the summons,
notice or matter, or disclose any information about any of them.
Maximum penalty: $5 000 or imprisonment for 1 year.
(4) A person to
whom information has been disclosed, as permitted by
subclause (2) or
this subclause, may disclose that information—
(a) if the person is an officer or agent of a body corporate referred to
in
subclause (2)(c)—
(i) to another officer or agent of the body corporate for the purpose of
ensuring compliance with the summons or notice; or
(ii) to a legal practitioner for the purpose of obtaining legal advice or
representation relating to the summons, notice or matter; or
(b) if the person is a legal practitioner—for the purpose of giving
legal advice, or making representations, relating to the summons, notice or
matter.
(5) This clause ceases to apply to a summons or notice
after—
(a) the notation contained in the summons or notice is cancelled by
clause 6(4);
or
(b) 5 years elapse after the issue of the summons or notice,
whichever is sooner.
(6) A reference in this clause to disclosing something’s existence
includes disclosing information from which a person could reasonably be expected
to infer its existence.
8—Failure
of witnesses to attend and answer questions
(1) A person
served, as prescribed, with a summons to appear as a witness at an examination
before an examiner must not—
(a) fail to attend as required by the summons; or
(b) fail to attend from day to day unless excused, or released from
further attendance, by the examiner.
Maximum penalty: $20 000 or imprisonment for 4 years.
(2) A person
appearing as a witness at an examination before an examiner must
not—
(a) when required pursuant to
clause 4 either
to take an oath or make an affirmation—refuse or fail to comply with the
requirement; or
(b) refuse or fail to answer a question that he or she is required to
answer by the examiner; or
(c) refuse or fail to produce a document or thing that he or she was
required to produce by a summons under this Act served on him or her as
prescribed.
Maximum penalty: $20 000 or imprisonment for 4 years.
(a) a legal practitioner is required to answer a question or produce a
document at an examination before an examiner; and
(b) the answer to the question would disclose, or the document contains, a
privileged communication made by or to the legal practitioner in his or her
capacity as a legal practitioner,
the legal practitioner is entitled to refuse to comply with the requirement
unless the person to whom or by whom the communication was made agrees to the
legal practitioner complying with the requirement but, where the legal
practitioner refuses to comply with the requirement, he or she must, if so
required by the examiner, give the examiner the name and address of the person
to whom or by whom the communication was made.
Maximum penalty: $20 000 or imprisonment for 4 years.
(4)
Subclause (5)
limits the use that can be made of any answers given at an examination before an
examiner, or documents or things produced at an examination before an examiner
and that subclause only applies if—
(a) a person appearing as a witness at an examination before an
examiner—
(i) answers a question that he or she is required to answer by the
examiner; or
(ii) produces a document or thing that he or she was required to produce
by a summons under this Act served on him or her as prescribed; and
(b) in the case of the production of a document that is, or forms part of,
a record of an existing or past business—the document sets out details of
earnings received by the person in respect of his or her employment and does not
set out any other information; and
(c) before answering the question or producing the document or thing, the
person claims that the answer, or the production of the document or thing, might
tend to incriminate the person or make the person liable to a penalty.
(5) The answer, or
the document or thing, is not admissible in evidence against the person
in—
(a) a criminal proceeding; or
(b) a proceeding for the imposition of a penalty,
other than—
(c) proceedings under the Criminal
Assets Confiscation Act 2005; or
(d) a proceeding in respect of—
(i) in the case of an answer—the falsity of the answer; or
(ii) in the case of the production of a document—the falsity of any
statement contained in the document.
(6)
Subclause (3)
does not affect the law relating to legal professional privilege.
9—Warrant
for arrest of witness
(1) If, on application by an examiner, a judge of the Supreme Court is
satisfied by evidence on oath that there are reasonable grounds to
believe—
(a) that a person who has been ordered, under
clause 18, to
deliver his or her passport to the examiner, whether or not the person has
complied with the order, is nevertheless likely to leave Australia for the
purpose of avoiding giving evidence before the examiner; or
(b) that a person in relation to whom a summons has been issued under
clause 4(1)—
(i) has absconded or is likely to abscond; or
(ii) is otherwise attempting, or is otherwise likely to attempt, to evade
service of the summons; or
(c) that a person has committed an offence under
clause 8(1) or
is likely to do so,
the judge may issue a warrant for the apprehension of the person.
(2) The warrant may be executed by any person to whom it is addressed and
the person executing it has power to break into and enter any premises or
vehicle for the purpose of executing it.
(3) The warrant may be executed even if the warrant is not at the time in
the possession of the person executing it.
(4) A person executing the warrant may only use such reasonable force as
is necessary for the execution.
(5) If a person is
apprehended under the warrant, he or she must be brought, as soon as
practicable, before a judge of the Supreme Court and the judge
may—
(a) admit the person to bail, with such security as the judge thinks fit,
on such conditions as he or she thinks necessary to ensure the appearance of the
person as a witness before the examiner; or
(b) order the continued detention of the person for the purposes of
ensuring his or her appearance as such a witness; or
(c) order the release of the person.
(6) If a person is under detention under this clause, he or she must,
within 14 days after he or she was brought, or last brought, before a judge
of the Supreme Court in accordance with this clause, or within such shorter or
longer time as a judge has fixed upon the last previous appearance of the person
before a judge under this clause, be again brought before a judge and the judge
may then exercise any of the powers of a judge under
subclause (5).
(7) In this clause—
Australia includes the external Territories.
10—False
or misleading evidence
A person must not, at an examination before an examiner, give evidence that
the person knows is false or misleading in a material particular.
Maximum penalty: $20 000 or imprisonment for 4 years.
11—Protection
of witnesses from harm or intimidation
If it appears to an examiner that, by reason of the fact that a
person—
(a) is to appear, is appearing or has appeared at an examination before
the examiner to give evidence or to produce a document or thing; or
(b) proposes to furnish or has furnished information, or proposes to
produce or has produced a document or thing, to the Commissioner or the Office
otherwise than at an examination before the examiner,
the safety of the person may be prejudiced or the person may be subjected
to intimidation or harassment, the examiner may make such arrangements
(including arrangements with the South Australia Police) as are necessary to
avoid prejudice to the safety of the person, or to protect the person from
intimidation or harassment.
A person is in contempt of the Commissioner if he or she—
(a) when appearing as a witness at an examination before an
examiner—
(i) refuses or fails to take an oath or affirmation when required to do so
under
clause 4;
or
(ii) refuses or fails to answer a question that he or she is required to
answer by the examiner; or
(iii) refuses or fails to produce a document or other thing that he or she
was required to produce by a summons or notice under this Act that was served on
him or her in accordance with this Act; or
(b) is a legal practitioner who is required to answer a question or
produce a document at an examination before an examiner, and both of the
following apply:
(i) the answer to the question would disclose, or the document contains, a
privileged communication made by or to the legal practitioner in his or her
capacity as a legal practitioner;
(ii) he or she refuses to comply with the requirement and does not, when
required by the examiner, give the examiner the name and address of the person
to whom or by whom the communication was made; or
(c) gives evidence at an examination before an examiner that he or she
knows is false or misleading in a material particular; or
(d) obstructs or hinders an examiner in the performance of his or her
functions as an examiner; or
(e) disrupts an examination before an examiner; or
(f) threatens a person present at an examination before an
examiner.
13—Supreme
Court to deal with contempt
(1) If an examiner
is of the opinion that, during an examination before the examiner, a person is
in contempt of the Commissioner, the examiner may apply to the Supreme Court for
the person to be dealt with in relation to the contempt.
(2) Before making the application, the examiner must inform the person
that the examiner proposes to make the application.
(3) The application
must be accompanied by a certificate that states—
(a) the grounds for making the application; and
(b) evidence in support of the application.
(4) A copy of the certificate must be given to the person before, or at
the same time as, the application is made.
(5) If, after—
(a) considering the matters specified in the certificate; and
(b) hearing or receiving any evidence or statements by or in support of
the Commissioner; and
(c) hearing or receiving any evidence or statements by or in support of
the person,
the Supreme Court finds that the person was in contempt of the
Commissioner, the Court may deal with the person as if the acts or omissions
involved constituted a contempt of that Court.
14—Conduct
of contempt proceedings
(1) This clause applies if an application for a person to be dealt with in
relation to a contempt of the Commissioner is made to the Supreme Court under
clause 13.
(2) Proceedings in relation to the application are, subject to this Act,
to be instituted, carried on, heard and determined in accordance with the laws
(including any rules of court) that apply in relation to the punishment of a
contempt of the Supreme Court.
(3) In proceedings in relation to the application, a certificate under
clause 13(3) is
prima facie evidence of the matters specified in the certificate.
15—Person
in contempt may be detained
(1) If an examiner
proposes to make an application under
clause 13(1) in
respect of a person, he or she may, during the hearing concerned, direct a
police officer to detain the person for the purpose of bringing the person
before the Supreme Court for the hearing of the application.
(2) If the person is detained under
subclause (1)—
(a) the examiner must apply to the Court as soon as practicable under
clause 13(1) in
respect of the person; and
(b) the person must, subject to
subclause (3),
be brought before the Court as soon as practicable.
(a) direct that the person be released from detention on condition that he
or she will appear before the Court in relation to the application; or
(b) order that the person continue to be detained until the application is
determined.
(4) The Court may
also impose any other condition on the release, for example—
(a) that the person surrenders his or her passport; or
(b) that the person gives an undertaking as to his or her living
arrangements; or
(c) that the person reports as required to a law enforcement
agency.
(5) The Court may at any time vary or revoke a condition imposed under
subclause (4).
16—Examiner
may withdraw contempt application
(1) An examiner may at any time withdraw an application in relation to a
person under
clause 13(1).
(2) If—
(a) the examiner does so; and
(b) the person is in detention under
clause 15,
the person must be released from detention immediately.
17—Legal
protection of examiners, counsel and witnesses
(1) An examiner has, in the performance of his or her functions or the
exercise of his or her powers as an examiner in relation to an examination
before the examiner, the same protection and immunity as a judge of the Supreme
Court.
(2) A legal practitioner assisting the Commissioner or an examiner or
representing a person at an examination before an examiner has the same
protection and immunity as a legal practitioner has in appearing for a party in
proceedings in the Supreme Court.
(3) Subject to this Act, a person summoned to attend or appearing before
an examiner as a witness has the same protection as a witness in proceedings in
the Supreme Court.
18—Order
for delivery to examiner of passport of witness
(1) If, on
application by an examiner, a judge of the Supreme Court is satisfied by
evidence on oath that—
(a) in connection with an investigation into corruption in public
administration, a summons has been issued under this Act requiring a person to
appear before an examiner at an examination (whether or not the summons has been
served), or a person has appeared before an examiner at an examination, to give
evidence or to produce documents or other things; and
(b) there are reasonable grounds for believing that the person may be able
to give to the examiner evidence or further evidence that is, or to produce to
the examiner documents or other things or further documents or other things that
are, relevant to the investigation and could be of particular significance to
the investigation; and
(c) there are reasonable grounds for suspecting that the person intends to
leave Australia and has in his or her possession, custody or control of a
passport issued to him or her,
the judge may make an order requiring the person to appear before a judge
of the Supreme Court on a date, and at a time and place, specified in the order
to show cause why he or she should not be ordered to deliver the passport to the
examiner.
(2) If a person
appears before a judge of the Supreme Court under an order made under
subclause (1),
the judge may, if he or she thinks fit, make an order—
(a) requiring the person to deliver to the examiner any passport issued to
him or her that is in his or her possession, custody or control; and
(b) authorising the examiner to retain the passport until the expiration
of such period (not exceeding 1 month) as is specified in the
order.
(3) A judge of the Supreme Court may, on application by the examiner,
extend for a further period (not exceeding 1 month) or further periods (not
exceeding 1 month in each case) the period for which the examiner is authorised
to retain a passport under an order made under
subclause (2),
but not so that the total period for which the examiner is authorised to retain
the passport exceeds 3 months.
(4) A judge of the Supreme Court may, at any time while the examiner is
authorised under an order made under this clause to retain a passport issued to
a person, on application made by the person, revoke the order and, if the order
is revoked, the examiner must immediately return the passport to the
person.
(5) In this clause—
Australia includes the external Territories.
19—Offence
to hinder, obstruct or disrupt
A person must not—
(a) hinder or obstruct an examiner in the performance of his or her
functions as an examiner; or
(b) disrupt an examination before an examiner.
Maximum penalty: $20 000 or imprisonment for 4 years.
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Australian Crime
Commission (South Australia) Act 2004
2—Amendment
of section 18—Conduct of examination
Section 18(6)—after "relevant to the ACC
operation/investigation" insert:
or any other ACC operation/investigation
Part 3—Amendment of Child Sex Offenders
Registration Act 2006
Act—delete "Police Complaints Authority" wherever occurring and
substitute in each case:
Police Ombudsman
Part 4—Amendment of Correctional Services
Act 1982
4—Amendment
of section 28—Removal of prisoner for criminal investigation, attendance
in court etc
Section 28—after subsection (2) insert:
(2a) If a prisoner is required to attend before the Independent
Commissioner Against Corruption, the Deputy Commissioner or an examiner under
the Independent
Commissioner Against Corruption Act 2012, the Commissioner, Deputy
Commissioner or examiner may, by order, direct the manager of the correctional
institution in which the prisoner is being detained to cause the prisoner to be
brought before the Commissioner, Deputy Commissioner or examiner in accordance
with the order.
5—Amendment
of section 33—Prisoner's mail
(1) Section 33(7)—before paragraph (a) insert:
(aaa) to the Independent Commissioner Against Corruption or the Office for
Public Integrity; or
(aa) to the Police Ombudsman; or
(2) Section 33(8)—after "from" insert:
the Independent Commissioner Against Corruption, the Office for Public
Integrity, the Police Ombudsman,
After section 35 insert:
35A—Assistance to make complaint to Office for
Public Integrity
If a prisoner informs the manager of a correctional institution that the
prisoner wishes to make a complaint to the Office for Public Integrity or a
complaint about corruption, misconduct or maladministration in public
administration (within the meaning of the Independent
Commissioner Against Corruption Act 2012), the manager of the
correctional institution must take such steps as are necessary to facilitate the
making of a complaint (including providing facilities to enable the prisoner to
prepare the complaint and enclose and seal it in an envelope and delivering the
sealed envelope to the Office without undue delay).
Part 5—Amendment of Criminal Investigation
(Covert Operations) Act 2009
7—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of chief officer,
(a)—after subparagraph (ii) insert:
(iii) in relation to the Independent Commissioner Against
Corruption—means the Independent Commissioner Against
Corruption;
(2) Section 3(1), definition of law enforcement
agency—after paragraph (b) insert:
or
(c) the Independent Commissioner Against Corruption;
(3) Section 3(1), definition of law enforcement
officer—delete the definition and substitute:
law enforcement officer means—
(a) in relation to SA Police—a police officer or a police
officer (however described) of another jurisdiction seconded to SA Police;
or
(b) in relation to the Australian Crime Commission—a member of staff
of the Australian Crime Commission or a person seconded to the Australian Crime
Commission; or
(c) in relation to the Independent Commissioner Against
Corruption—an investigator under the Independent
Commissioner Against Corruption Act 2012;
Part 6—Amendment of Criminal Law
Consolidation Act 1935
8—Amendment
of section 246—Confidentiality of jury deliberations and
identities
(1) Section 246(5)—after paragraph (b) insert:
(ba) to the Independent Commissioner Against Corruption, the Deputy
Commissioner, an examiner or an investigator under the Independent
Commissioner Against Corruption Act 2012 or in the course of making
a complaint or report under that Act; or
(2) Section 246(6)—after paragraph (b) insert:
(ba) by the Independent Commissioner Against Corruption, the Deputy
Commissioner, an examiner or an investigator under the Independent
Commissioner Against Corruption Act 2012 or in the course of the
assessment of a complaint or report under that Act; or
Part 7—Amendment of Criminal Law (Forensic
Procedures) Act 2007
9—Amendment
of section 45—Access to and use of DNA database
system
Section 45(2)(i)—delete "Police Complaints Authority" and
substitute:
Police Ombudsman
10—Amendment
of section 50—Confidentiality
Section 50(1)(i)—delete "Police Complaints Authority" and
substitute:
Police Ombudsman
11—Amendment
of section 57—Compliance audits
Section 57—delete "Police Complaints Authority" wherever
occurring and substitute in each case:
Police Ombudsman
Part 8—Amendment of Defamation
Act 2005
12—Amendment
of section 4—Interpretation
Section 4, definition of Australian tribunal—after
"inquiry" insert:
and the Independent Commissioner Against Corruption, the Deputy
Commissioner or an examiner conducting an examination under the Independent
Commissioner Against Corruption Act 2012
Part 9—Amendment of Freedom of Information
Act 1991
Act—delete "Police Complaints Authority" wherever occurring and
substitute in each case:
Police Ombudsman
14—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of agency—delete
paragraph (f) and substitute:
(f) an incorporated or unincorporated body—
(i) established or continued in existence for a public purpose by an Act;
or
(ii) established or continued in existence for a public purpose under an
Act (other than an Act providing for the incorporation of companies or
associations, co-operatives, societies or other voluntary organisations);
or
(iii) subject to control or direction by the Governor, a Minister of the
Crown or other instrumentality or agency of the Crown or a council (whether or
not the body is established or continued in existence by or under an Act);
or
(fa) a body responsible for the management of a local government indemnity
scheme established under Schedule 1 clause 2 of the Local
Government Act 1999; or
(fb) a regional development assessment panel or a council development
assessment panel constituted under section 34 or 56A of the Development
Act 1993; or
(2) Section 4—after subsection (5) insert:
(6) An agency is not to be taken to hold a document while the document is
held by or in the possession of an exempt agency for which the agency is
responsible.
15—Amendment
of Schedule 2—Exempt agencies
Schedule 2—after paragraph (e) insert:
(ea) the Independent Commissioner Against Corruption;
(eb) the Office for Public Integrity;
Part 10—Amendment of Legal Practitioners
Act 1981
16—Amendment
of section 21—Entitlement to practise
Section 21(5), definition of tribunal—after "royal
commission" insert:
, the Independent Commissioner Against Corruption, the Deputy Commissioner
or an examiner conducting an examination under the Independent
Commissioner Against Corruption Act 2012
Part 11—Amendment of Listening and
Surveillance Devices Act 1972
17—Amendment
of section 3—Interpretation
(1) Section 3—after the definition of associated
equipment insert:
chief officer of an investigating agency
means—
(a) in the case of South Australia Police—the Commissioner of
Police; or
(b) in the case of the Independent Commissioner Against
Corruption—the Independent Commissioner Against Corruption; or
(c) in the case of the ACC—the Chief Executive Officer of the
ACC;
(2) Section 3—after the definition of declared listening
device insert:
investigating agency means—
(a) South Australia Police; or
(b) the Independent Commissioner Against Corruption; or
(c) the ACC;
(3) Section 3—after the definition of member of the staff
of the ACC insert:
officer of an investigating agency means—
(a) in the case of South Australia Police—a police officer or a
police officer (however described) of another jurisdiction seconded to South
Australia Police; or
(b) in the case of the Independent Commissioner Against
Corruption—an investigator under the Independent
Commissioner Against Corruption Act 2012; or
(c) in the case of the ACC—a member of the Board of the ACC or a
member of the staff of the ACC who is a member of the Australian Federal Police
or the police force of a State or Territory of the Commonwealth;
(4) Section 3, definition of relevant proceeding,
(h)—delete "a member of a police force or an officer or employee" and
substitute:
a police officer (however described), or an officer or employee,
(5) Section 3—after the definition of relevant
proceeding insert:
review agency for an investigating agency
means—
(a) for South Australia Police—the Police Ombudsman; or
(b) for the Independent Commissioner Against Corruption—a person who
is independent of the Commissioner and is appointed by the Governor as the
review agency;
18—Amendment
of section 6—Warrants—General provisions
(1) Section 6(2)—delete subsection (2) and
substitute:
(2) An application for a warrant may be made by an officer of an
investigating agency with the written approval of the chief officer of the
investigating agency certifying that the chief officer is satisfied that the
warrant is reasonably required for an investigation.
(2) Section 6(8) and (9)—delete subsections (8)
and (9) and substitute:
(8) If the chief officer of the investigating agency is satisfied that the
grounds on which a warrant was issued have ceased to exist, the chief officer
must, if the warrant is still in force, cancel the warrant by instrument in
writing.
(9) A warrant may, at any time, be cancelled by the chief officer of the
investigating agency.
19—Amendment
of section 6AB—Use of information or material derived from use of
listening or surveillance devices under warrants
Section 6AB(f)—delete "where" and substitute:
if
20—Amendment
of section 6AC—Register of warrants
Section 6AC(1)—delete subsection (1) and
substitute:
(1) The chief officer of an investigating agency (other than the ACC) must
keep a register of warrants issued to the agency.
21—Amendment
of section 6B—Reports and records relating to warrants
etc
(1) Section 6B—delete "members of the police force" wherever
occurring and substitute in each case:
police officers
(2) Section 6B(1)—delete "The Commissioner of Police must, in
relation to warrants issued to members of the police force" and
substitute:
The chief officer of an investigating agency (other than the ACC) must, in
relation to warrants issued to the agency
(3) Section 6B(1)(c)(vi)(A)—delete "police force" and
substitute:
agency
(4) Section 6B(1b)—delete "Commissioner of Police" and
substitute:
chief officer of an investigating agency
(5) Section 6B(1b)(a)—delete "member of the police force" and
substitute:
police officer
(6) Section 6B(2)—delete "The Commissioner of Police" and
substitute:
The chief officer of an investigating agency
22—Amendment
of section 6C—Control by police etc of certain records, information and
material
Section 6C—delete "The Commissioner of Police and the ACC" and
substitute:
The chief officer of an investigating agency
23—Amendment
of section 6D—Inspection of records by review agency
(1) Section 6D(1)—delete "Police Complaints Authority" and
substitute:
review agency for an investigating agency
(2) Section 6D(1)(a)—delete "the police force" and
substitute:
the investigating agency
(3) Section 6D(2)—delete "Police Complaints Authority is of the
opinion that the Commissioner of Police" and substitute:
review agency is of the opinion that the investigating agency
(4) Section 6D(2)—delete "Authority" and substitute:
review agency
(5) Section 6D(3)—delete "Police Complaints Authority must give
the Commissioner of Police" and substitute:
review agency must give the investigating agency
24—Amendment
of section 6E—Powers of review agency
(1) Section 6E(1), (2) and (3)—delete
subsections (1), (2) and (3) and substitute:
(1) For the purposes of an inspection under section 6D, the review
agency, or a person authorised by the review agency for the
purpose—
(a) may, after notifying the chief officer of an investigating agency,
enter at any reasonable time premises occupied by the investigating agency;
and
(b) is entitled to have full and free access at all reasonable times to
all records of the investigating agency; and
(c) is, despite any other law, entitled to make copies of, and to take
extracts from, records of the investigating agency; and
(d) may require an officer of an investigating agency to give the review
agency or authorised person such information as the review agency considers
necessary, being information that is in the officer's possession, or to which
the officer has access, and that is relevant to the inspection.
(2) If the review agency has reason to believe that an officer of an
investigating agency is able to give information relevant to an inspection under
section 6D, the review agency may, by written notice to the officer,
require the officer to do 1 or both of the following:
(a) give the information, in writing, signed by the officer, at a
specified place and within a specified period;
(b) attend before a specified person at a specified place and within a
specified period or at a specified time on a specified day, in order to answer
questions relevant to the inspection.
(3) If the review agency has reason to believe that an officer of an
investigating agency is able to give information relevant to an inspection under
section 6D but does not know the officer's identity, the review agency may,
by written notice to the chief officer of an investigating agency, require the
chief officer or a person nominated by the chief officer to attend before a
specified person at a specified place and within a specified period or at a
specified time on a specified day, in order to answer questions relevant to the
inspection.
(2) Section 6E(6)—delete subsection (6) and
substitute:
(6) The chief officer of an investigating agency must ensure that officers
of the investigating agency provide the review agency with such assistance in
relation to an inspection under section 6D as the review agency reasonably
requires.
25—Amendment
of section 7—Lawful use of listening device by party to private
conversation
(1) Section 7(1)—delete "where" and substitute:
if
(2) Section 7(2)—delete subsection (2) and
substitute:
(2) An exemption from section 4 that applies to an officer of an
investigating agency in relation to the use of a listening device for the
purposes of the investigation of a matter by the agency extends to any other
such officer who overhears, records, monitors or listens to the private
conversation by means of the device for the purposes of the
investigation.
(3) Section 7(3)(c)—delete "the police or the ACC" and
substitute:
an investigating agency
(4) Section 7(3)(e)—delete "where" and substitute:
if
26—Amendment
of section 8—Possession etc of declared listening
device
(1) Section 8(1)—delete "published" first occurring
(2) Section 8(1)—delete "by a notice published in a like
manner" and substitute:
, by subsequent notice in the Gazette,
(3) Section 8(2)—delete "any" and substitute:
a
(4) Section 8(5)—delete "any" and substitute:
a
27—Amendment
of section 9—Power to seize listening devices etc
(1) Section 9(1)—delete all words before "suspects on
reasonable grounds" and substitute:
If an officer of an investigating agency
(2) Section 9(1)—delete "member" and substitute:
officer
(3) Section 9(2)—delete "A member referred to in
subsection (1)" and substitute:
An officer of an investigating agency
(4) Section 9(2)—delete "member" wherever occurring and
substitute in each case:
officer
28—Amendment
of section 10—Evidence
(1) Section 10—delete "any"
(2) Section 10—delete "the Commissioner of Police or a member
of the Board of the ACC" and substitute:
the chief officer of an investigating agency
29—Amendment
of section 11—Forfeiture of listening devices
(1) Section 11(1)—delete "Where" and substitute:
If
(2) Section 11(1)—delete "any listening device or record of
any" and substitute:
a listening device or record of
30—Amendment
of section 12—Regulations
Section 12(2)(b)—delete "the police force" and
substitute:
an investigating agency
Part 12—Amendment of Local Government
Act 1999
Section 63—delete the section and substitute:
63—Code of conduct for members
(1) The Governor may, by regulation, prescribe a code of conduct to be
observed by the members of all councils.
(2) Council members must observe the code of conduct.
32—Amendment
of section 74—Members to disclose interests
Section 74(5a) and (5b)—delete subsections (5a)
and (5b)
After section 78 insert:
78A—Obtaining of legal advice
(1) The regulations may establish a scheme under which a member of a
council may directly obtain legal advice at the expense of the council to assist
the member in performing or discharging official functions and duties.
(2) The scheme may require the preparation and adoption of a policy by a
council and include provisions for the variation of the policy and its
availability to the public.
(3) The scheme or a policy adopted under the scheme may—
(a) impose limitations on the obtaining of legal advice; and
(b) provide for a process for approval of requests to obtain legal advice;
and
(c) allow for conditions to be imposed on an approval, including a
condition limiting the expenditure that may be incurred; and
(d) provide for a council to set an overall budget for the purpose;
and
(e) include other relevant provisions.
34—Substitution
of section 110
Section 110—delete the section and substitute:
110—Code of conduct for
employees
(1) The Governor may, by regulation, prescribe a code of conduct to be
observed by the employees of all councils.
(2) The Minister must consult with any registered association that
represents the interests of employees of councils before the regulation is
made.
(3) A code of conduct must not diminish a right or employment condition
under an Act, award, industrial agreement or contract of employment.
(4) Council employees must observe the code of conduct.
(5) Contravention of or failure to comply with the code of conduct
constitutes a ground for suspending, dismissing or taking other disciplinary
action against the employee.
35—Amendment
of section 129—Conduct of audit
Section 129(8)—delete subsection (8)
36—Amendment
of section 263—Grounds of complaint
(1) Section 263(1)—delete "section 74" and
substitute:
Chapter 5 Part 4
(2) Section 263(2)—delete subsection (2)
37—Insertion
of sections 263A and 263B
After section 263 insert:
263A—Investigation of grounds of complaint by
Ombudsman
(1) The Minister may refer to the Ombudsman for investigation and report
under the Ombudsman
Act 1972 any matter alleged to constitute grounds for complaint
under this Act against a member of a council.
(2) Any person may make a complaint to the Ombudsman setting out matters
alleged to constitute grounds for complaint under this Act against a member of a
council.
(3) The Ombudsman may, on his or her own initiative, carry out an
investigation under the Ombudsman
Act 1972 of matters that may constitute grounds for complaint under
this Act against a member of a council.
(4) For the purposes of the Ombudsman
Act 1972, all acts that may constitute grounds for complaint under
this Act against a member of a council will be taken to be administrative
acts.
263B—Outcome of Ombudsman
investigation
(1) The recommendations
that may be made by the Ombudsman under the Ombudsman
Act 1972 on the completion of an investigation of the complaint
include that the council—
(a) reprimand the member (including by means of a public statement);
or
(b) require the member to attend a specified course of training or
instruction, to issue an apology in a particular form or to take other steps;
or
(c) require the member to reimburse the council a specified amount;
or
(d) ensure that a complaint is lodged against the member in the District
Court.
(2) If a member of a council fails to comply with a requirement of the
council of a kind referred to in
subsection (1) made
in accordance with the recommendation of the Ombudsman, the member will be taken
to have failed to comply with Chapter 5 Part 4 and the council is to
ensure that a complaint is lodged against the member in the District
Court.
(3) A council is taken to have the power to act according to the
Ombudsman's recommendations.
38—Amendment
of section 264—Complaint lodged in District Court
Section 264(2)—delete subsection (2) and
substitute:
(2) However—
(a) a public official may not lodge a complaint unless the matter has been
investigated by the Ombudsman; and
(b) a person other than a public official may not lodge a complaint unless
a legally qualified person appointed by the Minister after consultation with the
LGA has granted written approval to do so.
39—Amendment
of section 267—Outcome of proceedings
(1) Section 267(1)(a)—after "person" insert:
(including by means of a public statement)
(2) Section 267(1)(b)—after "instruction," insert:
to issue an apology in a particular form
(3) Section 267(1)—after paragraph (b) insert:
(ba) require the person to reimburse the council a specified
amount;
40—Substitution
of section 272
Section 272—delete the section and substitute:
272—Minister may refer investigation of council to
Ombudsman
(1) The Minister may refer to the Ombudsman for investigation and report a
matter in respect of which the Minister has reason to believe
that—
(a) a council has contravened or failed to comply with this or another
Act; or
(b) a council has failed to discharge a responsibility under this or
another Act; or
(c) an irregularity has occurred in the conduct of the affairs of a
council (in relation to matters arising under this or another Act).
(2) The referral may be made on the basis of a report received under this
Act from an auditor or on any other basis.
(3) Before referring a matter, the Minister must give the council a
reasonable opportunity to explain its actions and make submissions unless the
Minister considers that the giving of notice would be likely to undermine the
investigation of the matter.
41—Amendment
of section 273—Action on report
(1) Section 273(1)(a)—delete paragraph (a) and
substitute:
(a) information provided by the Independent Commissioner Against
Corruption; or
(2) Section 273(1)(c)—insert after "under"
this or
(3) Section 273(2)(b)(iv)—before "the Ombudsman"
insert:
the Independent Commissioner Against Corruption or
42—Amendment
of section 274—Investigation of subsidiary
(1) Section 274(2)—delete "appoint an investigator or
investigators to carry out an investigation and to report to the Minister on the
matter" and substitute:
refer the matter to the Ombudsman for investigation and report
(2) Section 274(3) to (10)—delete subsections (3)
to (10) (inclusive) and substitute:
(3) Before referring a matter, the Minister must give the subsidiary a
reasonable opportunity to explain its actions and make submissions unless the
Minister considers that the giving of notice would be likely to undermine the
investigation of the matter.
Part 13—Amendment of Ombudsman
Act 1972
43—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of agency to which this Act
applies, (d)—delete paragraph (d) and substitute:
(d) an incorporated or unincorporated body—
(i) established or continued in existence for a public purpose by an Act;
or
(ii) established or continued in existence for a public purpose under an
Act (other than an Act providing for the incorporation of companies or
associations, co-operatives, societies or other voluntary organisations);
or
(iii) subject to control or direction by the Governor, a Minister of the
Crown or other instrumentality or agency of the Crown or a council (whether or
not the body is established or continued in existence by or under an Act);
or
(2) Section 3(1), definition of agency to which this Act
applies—after "does not include" insert:
the Independent Commissioner Against Corruption, the Office for Public
Integrity or
44—Amendment
of section 13—Matters subject to investigation
Section 13—after subsection (3) insert:
(3a) The ability to lay a complaint for disciplinary action against a
person is to be disregarded for the purposes of subsection (3).
45—Amendment
of section 19A—Ombudsman may issue direction in relation to administrative
act
(1) Section 19A(1) to (4)—delete subsections (1)
to (4) (inclusive) and substitute:
(1) If the Ombudsman is of the opinion that an administrative act by an
agency is—
(a) likely to prejudice an investigation or proposed investigation or the
effect or implementation of a recommendation that the Ombudsman might make as a
result of an investigation or proposed investigation; or
(b) likely to cause serious hardship to a person,
the Ombudsman may, by notice in writing, direct an agency to which this Act
applies to refrain from performing the administrative act as specified in the
notice for any period specified in the notice.
(2) However—
(a) a notice must not be issued if compliance with the notice by the
agency would result in the agency breaching a contract or other legal obligation
or cause any third parties undue hardship; and
(b) a notice or notices issued under this section must not require an
agency to refrain from performing an administrative act for more than
45 days in aggregate.
(3) The Ombudsman may, at any time, revoke a notice and must do so if of
the opinion that the notice should not have been issued.
(2) Section 19A(7)—delete subsection (7)
46—Amendment
of section 20—No obligation on persons to maintain
secrecy
Section 20—before "is not entitled" insert:
or an agency to which this Act applies
Section 22—delete the section
Section 26—delete the section and substitute:
26—Confidentiality, disclosure of information and
publication of reports
(1) A person
engaged or formerly engaged in the administration of this Act must not disclose
information obtained in the course of the administration of this Act
except—
(a) for the purposes of the administration of this Act or proceedings
under this Act or the Royal
Commissions Act 1917; or
(b) for the purposes of the performance of official functions by an agency
to which this Act applies, any agency or instrumentality of this State, the
Commonwealth or another State or a Territory of the Commonwealth, or any other
statutory authority or statutory office holder; or
(c) as authorised or required by the Ombudsman.
Maximum penalty: $20 000.
(2) The Ombudsman is only to authorise or require information to be
disclosed if of the opinion that the disclosure is in the public interest (but a
person to whom an authorisation or requirement is directed need not inquire into
the basis of the authorisation or requirement).
(3) The Ombudsman may, if of the opinion that it is in the public interest
to do so, cause a report on an investigation, or a statement about an
investigation, or a decision not to investigate or to discontinue an
investigation, to be published in such manner as the Ombudsman thinks
fit.
(4) Information that has been disclosed under this section for a
particular purpose must not be used for any other purpose by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $20 000.
Part 14—Amendment of Parliamentary
Committees Act 1991
49—Amendment
of section 3—Interpretation
Section 3—delete the definition of Committee and
substitute:
Committee means a Committee established under this
Act;
50—Insertion
of Parts 5E and 5F
After Part 5D insert:
Part 5E—Parliamentary Conduct
Committee
Division 1—Establishment and membership of
Committee
15M—Establishment of Committee
The Parliamentary Conduct Committee is established as a committee of
the Parliament.
15N—Membership of Committee
(1) The Committee consists of 5 members of whom—
(a) 3 must be members of the House of Assembly appointed by the House
of Assembly (of whom at least 1 must be appointed from the group led by the
Leader of the Opposition and at least 1 must be appointed from the group
led by the Leader of the Government); and
(b) 2 must be members of the Legislative Council appointed by the
Legislative Council (of whom at least 1 must be appointed from the group
led by the Leader of the Opposition and at least 1 must be appointed from
the group led by the Leader of the Government).
(2) The members of the Committee are not entitled to remuneration for
their work as members of the Committee.
(3) The Committee must from time to time appoint 1 of its House of
Assembly members to be the Presiding Member of the Committee but if the members
are at any time unable to come to a decision on who is to be the Presiding
Member, or on who is to preside at a meeting of the Committee in the absence of
the Presiding Member, the matter is referred by force of this subsection to the
House of Assembly and that House will determine the matter.
Division 2—Functions of Parliamentary Conduct
Committee
15O—Functions of Committee
The functions of the Parliamentary Conduct Committee are—
(a) to promote compliance with standards of conduct required of members of
Parliament by their respective Houses and investigate, on its own initiative or
on receipt of a complaint, alleged contraventions of those standards;
and
(b) if it is satisfied that there has been a contravention of the
standards by a member, to report to the member's House the nature of the
contravention; and
(c) to keep the standard of parliamentary conduct generally under review
and make such recommendations as it sees fit for modifications of the standards
of conduct required of members of Parliament to both Houses; and
(d) to perform other functions assigned to the Committee under this or any
other Act or by resolution of both Houses.
Part 5F—Crime and Corruption Policy Review
Committee
Division 1—Establishment and membership of
Committee
15P—Establishment of Committee
The Crime and Corruption Policy Review Committee is established as a
committee of the Parliament.
15Q—Membership of Committee
(1) The Committee consists of 7 members of whom—
(a) 4 must be members of the House of Assembly appointed by the House
of Assembly (of whom at least 1 must be appointed from the group led by the
Leader of the Opposition and at least 1 must be appointed from the group
led by the Leader of the Government); and
(b) 3 must be members of the Legislative Council appointed by the
Legislative Council (of whom at least 1 must be appointed from the group
led by the Leader of the Opposition and at least 1 must be appointed from
the group led by the Leader of the Government).
(2) The members of the Committee are not entitled to remuneration for
their work as members of the Committee.
(3) The Committee must from time to time appoint 1 of its House of
Assembly members to be the Presiding Member of the Committee but if the members
are at any time unable to come to a decision on who is to be the Presiding
Member, or on who is to preside at a meeting of the Committee in the absence of
the Presiding Member, the matter is referred by force of this subsection to the
House of Assembly and that House will determine the matter.
Division 2—Functions of Crime and Corruption
Policy Review Committee
15R—Functions of Committee
(1) The functions of the Crime and Corruption Policy Review Committee
are—
(i) each annual and other report laid before both Houses prepared by the
Independent Commissioner Against Corruption, the Commissioner of Police or the
Police Ombudsman; and
(ii) each report laid before both Houses under the Police
Act 1998, the Serious
and Organised Crime (Control) Act 2008 or the Serious
and Organised Crime (Unexplained Wealth) Act 2009; and
(b) to report to both Houses on any matter of policy affecting public
administration arising out of a report as the Committee considers appropriate;
and
(c) to perform other functions assigned to the Committee under this or any
other Act or by resolution of both Houses.
(2) Nothing in this section authorises the Crime and Corruption Policy
Review Committee—
(a) to investigate a matter relating to particular conduct; or
(b) to reconsider a decision of the Independent Commissioner Against
Corruption or any other person or body in relation to a particular matter;
or
(c) to report on the performance of the functions of the Independent
Commissioner Against Corruption, South Australia Police or the Police
Ombudsman.
(3) The Independent Commissioner Against Corruption must not disclose to
the Crime and Corruption Policy Review Committee information in relation to a
particular matter that is, or has been, the subject of a complaint, report,
assessment, investigation or referral under the Independent
Commissioner Against Corruption Act 2012, except such information
as could have been the subject of a public statement under section 23 of
that Act.
Part 15—Amendment of Police
Act 1998
Act—delete "Police Complaints Authority" wherever occurring and
substitute in each case:
Police Ombudsman
52—Amendment
of section 38—Report and investigation of breach of
Code
Section 38—after subsection (1) insert:
(1a) The Commissioner must provide the Police Ombudsman with details of
each report as soon as practicable after it is made.
53—Amendment
of section 67—Divestment or suspension of powers
Section 67(3)—after "S.A. Police" first occurring
insert:
or a special constable
Part 16—Amendment of Police (Complaints and
Disciplinary Proceedings) Act 1985
(1) Act—delete "Police Complaints Authority" wherever occurring and
substitute in each case:
Police Ombudsman
(2) Act—delete "Authority" wherever occurring and substitute in each
case:
Ombudsman
(3) Act—delete "Authority's" wherever occurring and substitute in
each case:
Ombudsman's
55—Amendment
of section 12—Protection for Ombudsman and person acting under
direction
Section 12—after "this Act" insert:
or any other Act
56—Amendment
of section 21—Determination by Ombudsman that investigation not
warranted
Section 21(2)—delete "and his or her reasons for making the
determination"
57—Amendment
of section 28—Investigation of matters by Ombudsman
(1) Section 28(10) and (11)—delete subsections (10)
and (11)
(2) Section 28(18)—delete subsection (18)
After section 28 insert:
28A—Obstruction
A person must not—
(a) fail to attend before a person as required for the purposes of an
investigation under this Act; or
(b) refuse or fail to answer to the best of the person's knowledge,
information and belief a question the person is required to answer for the
purposes of an investigation under this Act; or
(c) provide information or evidence in the course of an investigation
under this Act knowing that it is false or misleading in a material particular;
or
(d) without lawful excuse, refuse or fail to comply with a requirement or
direction given for the purposes of an investigation of the Ombudsman or an
authorised person under this Act; or
(e) otherwise hinder or obstruct the Ombudsman or an authorised person, or
a person assisting the Ombudsman or an authorised person, in the exercise of
powers conferred by this Act.
Maximum penalty: $10 000 or imprisonment for 2 years.
Part 17—Amendment of Protective Security
Act 2007
Act—delete "Police Complaints Authority" wherever occurring and
substitute in each case:
Police Ombudsman
Part 18—Amendment of Public Finance and
Audit Act 1987
60—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of imprest
account insert:
local government indemnity scheme means a scheme conducted
and managed under Schedule 1 clause 2 of the
Local
Government Act 1999;
(2) Section 4(1), definition of publicly funded body,
(a)—delete paragraph (a) and substitute:
(a) a council constituted under the Local
Government Act 1999 or a subsidiary of such a council; or
(3) Section 4(1), definition of publicly funded
project, (b)—delete paragraph (b) and substitute:
(b) a council constituted under the Local
Government Act 1999 or a subsidiary of such a council; or
61—Amendment
of section 32—Examination of publicly funded bodies and projects and local
government indemnity schemes
(1) Section 32(1)—delete "must, if requested by the Treasurer"
and substitute:
may
(2) Section 32(1)—after paragraph (b) insert:
or
(c) examine accounts relating to a local government indemnity scheme and
the efficiency and cost-effectiveness of the scheme.
(3) Section 32(1a)—delete "or project" and
substitute:
, project or scheme
(4) Section 32—after subsection (1a) insert:
(1b) The Auditor-General must conduct an examination under
subsection (1) if requested to do so by the Treasurer or the Independent
Commissioner Against Corruption.
(5) Section 32(3)—delete subsection (3) and
substitute:
(3) The Auditor-General must deliver copies of the report
to—
(a) any publicly funded body concerned in the examination; and
(b) if the examination was requested by the Treasurer—the Treasurer;
and
(c) if the examination was requested by the Independent Commissioner
Against Corruption—the Independent Commissioner Against Corruption;
and
(d) the President of the Legislative Council and the Speaker of the House
of Assembly.
62—Amendment
of section 36—Auditor-General's annual report
Section 36(1)—after paragraph (a) insert:
(ab) sets out the examinations made under section 32 that have been
completed during the preceding financial year and briefly describes the outcome
of those examinations; and
Part 19—Amendment of Public Sector
Act 2009
63—Amendment
of section 25—Public Service employees
Section 25(2)(f)—delete "Police Complaints Authority" and
substitute:
Police Ombudsman
Part 20—Amendment of Shop Theft
(Alternative Enforcement) Act 2000
64—Amendment
of section 17—Confidentiality
Section 17(1)(d)—delete "Police Complaints Authority" and
substitute:
Police Ombudsman
Part 21—Amendment of State Records
Act 1997
65—Amendment
of section 3—Interpretation
Section 3(1), definition of agency—after
paragraph (m) insert:
and
(n) a present or former Independent Commissioner Against Corruption or
Deputy Commissioner; and
(o) a present or former examiner or investigator appointed by the
Independent Commissioner Against Corruption; or
(p) a present or former employee of the Independent Commissioner Against
Corruption; and
(q) a present or former public service employee assigned to the Office for
Public Integrity to assist the Independent Commissioner Against
Corruption;
Part 22—Amendment of Summary Offences
Act 1953
66—Amendment
of section 74C—Interpretation
(1) Section 74C, definition of interview—after
paragraph (c) insert:
but does not include an examination under the Independent
Commissioner Against Corruption Act 2012;
(2) Section 74C, definition of investigating
officer—after paragraph (a) insert:
(ab) an investigator under the Independent
Commissioner Against Corruption Act 2012; or
Part 23—Amendment of Terrorism
(Preventative Detention) Act 2005
Act—delete "Police Complaints Authority" wherever occurring and
substitute in each case:
Police Ombudsman
Part 24—Amendment of Whistleblowers
Protection Act 1993
Act—delete "Police Complaints Authority" wherever occurring and
substitute in each case:
Police Ombudsman
Part 25—Amendment of Witness Protection
Act 1996
Act—delete "Police Complaints Authority" wherever occurring and
substitute in each case:
Police Ombudsman
70—Amendment
of section 12—Access to register
Section 12(2)—delete "Authority" and substitute:
Police Ombudsman
71—Amendment
of section 21—Offences
(1) Section 21(3)—after paragraph (a) insert:
(ab) is necessary for the purposes of an investigation by the Independent
Commissioner Against Corruption; or
(2) Section 21(4)(b)—after subparagraph (i)
insert:
(ia) for the purposes of an investigation by the Independent Commissioner
Against Corruption; or