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TASMANIA
__________
INTEGRITY COMMISSION AMENDMENT BILL
2017
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 6 amended (Designated public officers)
5. Section 13 amended (Role of Board)
6. Section 14 amended (Members of Board)
7. Section 15 amended (Chief Commissioner)
8. Sections 15A, 15B, 15C, 15D, 15E, 15F, 15G, 15H, 15I, 15J and
15K inserted
15A. Terms of office and terms and conditions of
appointment to office of Chief Commissioner
15B. Vacation of office of Chief Commissioner
15C. Leave of absence
15D. Acting Chief Commissioner
15E. Suspension from office of Chief Commissioner
15F. Minister to lay before each House of Parliament a
statement in relation to suspension of person from
office of Chief Commissioner
15G. House of Parliament may confirm or revoke
suspension for misconduct or misbehaviour
15H. Governor may revoke or vary suspension of person
from office of Chief Commissioner
15I. Request for revocation of appointment
[Bill 28]-V
15J. House of Parliament may revoke appointment or
suspension of person from office of Chief
Commissioner
15K. Payment of person suspended from office of Chief
Commissioner
9. Section 27 amended (Parliamentary Standards Commissioner)
10. Schedule 2 amended (Membership of Board of Integrity
Commission)
11. Schedule 3 amended (Meetings of Board of Integrity
Commission)
12. Repeal of Act
2
INTEGRITY COMMISSION AMENDMENT BILL
2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
4 May 2017
(Brought in by the Acting Attorney-General, the Honourable
Matthew Guy Groom)
A BILL FOR
An Act to amend the Integrity Commission Act 2009
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Integrity
Commission Amendment Act 2017.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 28] 3
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Act No. of
s. 3
3. Principal Act
In this Act, the Integrity Commission Act 2009*
is referred to as the Principal Act.
4. Section 6 amended (Designated public officers)
Section 6(1)(d) of the Principal Act is amended
by inserting "other than the Chief Commissioner
and the chief executive officer" after "office".
5. Section 13 amended (Role of Board)
Section 13 of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraph:
(a) provide guidance to facilitate the
functions and powers of the Integrity
Commission, under this or any other Act,
being performed and exercised by the
chief executive officer and staff of the
Integrity Commission in accordance with
sound public administration practice and
principles of procedural fairness and the
objectives of this Act; and
6. Section 14 amended (Members of Board)
Section 14 of the Principal Act is amended as
follows:
*No. 67 of 2009
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Act No. of
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(a) by omitting paragraphs (a), (b) and (c)
from subsection (1) and substituting the
following paragraph:
(a) the Chief Commissioner; and
(b) by omitting from subsection (1)(g)(iv) "a
person who has";
(c) by omitting from subsection (1)(g)(iv)
"administration." and substituting
"administration;";
(d) by inserting the following subparagraph
after subparagraph (iv) in subsection
(1)(g):
(v) experience, in a government
organisation, in both human
resources and industrial relations.
(e) by inserting the following subsection
after subsection (1):
(1A) The Chief Commissioner is the
chairperson of the Board.
(f) by inserting the following subsections
after subsection (8):
(9) If a person holding the office of
Chief Commissioner vacates that
office in accordance with
section 15B(1), he or she ceases
to be a member of the Board.
(10) In this section -
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Act No. of
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government organisation
means -
(a) a Government
department; and
(b) a State authority
within the meaning
of the State Service
Act 2000.
7. Section 15 amended (Chief Commissioner)
Section 15 of the Principal Act is amended by
omitting subsections (4), (5) and (6) and
substituting the following subsections:
(4) A person is not eligible to be appointed
as Chief Commissioner unless he or she
is an Australian legal practitioner of not
less than 7 years' standing and either -
(a) he or she has not previously been
appointed as Chief Commissioner
under subsection (1); or
(b) he or she has previously been
appointed under subsection (1) as
Chief Commissioner and
section 15A(2) applies in relation
to his or her appointment.
(5) A person is not eligible to be appointed
as Chief Commissioner if he or she is, or
has been, in the period of 5 years
immediately preceding the date on which
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Act No. of
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it is proposed that he or she be
appointed -
(a) a Member of a House of
Parliament of the Commonwealth
or a State or Territory; or
(b) a member of a council; or
(c) a member of a political party or a
member of a similar organisation.
(6) The State Service Act 2000 does not
apply in relation to a person in his or her
capacity as Chief Commissioner.
(7) A person may hold the office of Chief
Commissioner in conjunction with State
Service employment.
8. Sections 15A, 15B, 15C, 15D, 15E, 15F, 15G, 15H,
15I, 15J and 15K inserted
After section 15 of the Principal Act, the
following is inserted in Division 2:
15A. Terms of office and terms and conditions of
appointment to office of Chief Commissioner
(1) Subject to this Act, a person appointed as
Chief Commissioner holds that office for
the period, not exceeding 5 years, which
is specified in his or her instrument of
appointment.
(2) A person may be appointed as Chief
Commissioner more than once, but the
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Act No. of
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period of appointment specified in any
instrument of appointment after the first
instrument of appointment must not be a
period such that the total of all periods
for which he or she is appointed as Chief
Commissioner is more than a period of
10 years.
(3) Subject to this Act, a person appointed as
Chief Commissioner holds that office on
the terms and conditions -
(a) determined by the Governor; and
(b) specified in his or her instrument
of appointment as Chief
Commissioner.
(4) A person holding an office who is
required by the terms of his or her
appointment to devote the whole of his or
her time to the functions of that office is
not disqualified from -
(a) holding that office and also the
office of Chief Commissioner; or
(b) accepting any remuneration
payable to the Chief
Commissioner.
(5) A person appointed to the office of Chief
Commissioner is entitled to be paid the
remuneration and allowances that are
specified in the Chief Commissioner's
instrument of appointment.
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Act No. of
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(6) A person appointed to the office of Chief
Commissioner who is a State Service
officer or State Service employee is not
entitled to remuneration or allowances
under subsection (5) except with the
approval of the Minister administering
the State Service Act 2000.
15B. Vacation of office of Chief Commissioner
(1) A person holding the office of Chief
Commissioner vacates the office -
(a) at the end of the term of his or her
appointment; or
(b) on his or her resignation from that
office under subsection (2); or
(c) on the revocation of his or her
appointment to the office under
section 15J.
(2) A person holding the office of Chief
Commissioner may at any time resign his
or her office by notice in writing
delivered to the Governor.
15C. Leave of absence
The Governor may grant a person
holding the office of Chief
Commissioner leave of absence from that
office on any terms and conditions that
the Governor determines.
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15D. Acting Chief Commissioner
(1) The Governor may appoint a person, who
is eligible under this Act for appointment
to the office of Chief Commissioner, to
act as Chief Commissioner during any
particular, or every, period during which
the Chief Commissioner is absent.
(2) The appointment of an Acting Chief
Commissioner under subsection (1) is
subject to, and has effect in accordance
with, the terms and conditions (including
remuneration and allowances) specified
in the instrument of appointment.
(3) While a person is appointed as Acting
Chief Commissioner under
subsection (1) -
(a) that person is taken to be the
Chief Commissioner; and
(b) this Act and any other Act applies
to that person as if he or she were
the Chief Commissioner.
(4) An appointment under subsection (1) -
(a) may be revoked at any time by
the Governor; and
(b) is revoked by the return to office
of the Chief Commissioner who
while absent has been represented
by the Acting Chief
Commissioner; and
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Act No. of
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(c) is revoked once the person who
has been represented by the
Acting Chief Commissioner is
able to perform the functions of
the office of Chief Commissioner
again.
(5) Anything done by or in relation to a
person appointed as Acting Chief
Commissioner under subsection (1) is not
invalid on the ground that -
(a) the occasion for the person's
appointment as Acting Chief
Commissioner had not arisen; or
(b) there is a defect or irregularity in
connection with the person's
appointment as Acting Chief
Commissioner; or
(c) the person's appointment as
Acting Chief Commissioner
ceased to have effect; or
(d) the occasion for the person to act
as Acting Chief Commissioner
had not arisen or had ceased.
15E. Suspension from office of Chief
Commissioner
(1) The Governor may suspend from office a
person holding the office of Chief
Commissioner if the Governor is
satisfied that the person -
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Act No. of
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(a) except by reason of temporary
illness, is, by reason of disability
or infirmity, incapable of
performing the functions of that
office; or
(b) has become bankrupt, applied to
take or has taken advantage of
any law relating to bankruptcy or
insolvent debtors, compounded
with his or her creditors, or made
an assignment of his or her
remuneration or estate for their
benefit; or
(c) has been convicted in Tasmania
of -
(i) a crime; or
(ii) an offence that is
punishable by
imprisonment for a term
of 12 months or more -
or has been convicted of a crime,
or of an offence, which would, if
committed in Tasmania, be a
crime, or be an offence
punishable by imprisonment for a
term of 12 months or more.
(2) The Governor may suspend from office a
person holding the office of Chief
Commissioner if the Governor is
satisfied that the person has been charged
with -
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Act No. of
s. 8
(a) a crime; or
(b) an offence that is punishable by
imprisonment for a term of 12
months or more; or
(c) a crime, or an offence, which
would, if committed in Tasmania,
be a crime, or be an offence
punishable by imprisonment for a
term of 12 months or more.
(3) The Governor may suspend from office a
person holding the office of Chief
Commissioner if the Governor is
satisfied that the person -
(a) has been guilty of conduct, or an
attempt to engage in conduct,
which if engaged in by a public
officer is misconduct; or
(b) has engaged in misbehaviour that
brings the office of Chief
Commissioner into disrepute.
15F. Minister to lay before each House of
Parliament a statement in relation to
suspension of person from office of Chief
Commissioner
If a person is suspended from the office
of Chief Commissioner under
section 15E, the Minister must cause a
statement setting out the grounds for the
suspension to be laid before each House
of Parliament during the first 7 sitting-
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Act No. of
s. 8
days of that House following the
suspension, or a longer period allowed by
resolution of the House of Parliament
before which it is laid.
15G. House of Parliament may confirm or revoke
suspension for misconduct or misbehaviour
(1) If a person is suspended from the office
of Chief Commissioner under
section 15E(3), a House of Parliament,
within 30 sitting-days after the day on
which a statement is laid before the
House under section 15F, or a longer
period allowed by resolution of that
House of Parliament, may pass a
resolution -
(a) confirming the suspension; or
(b) revoking the suspension.
(2) If both Houses of Parliament pass a
resolution under subsection (1)(b)
revoking the suspension of a person from
the office of Chief Commissioner, the
suspension of the person from the office
of Chief Commissioner is revoked on
and from the day on which the resolution
is passed by both Houses.
15H. Governor may revoke or vary suspension of
person from office of Chief Commissioner
(1) The Governor may revoke or vary a
suspension imposed under section 15E.
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(2) If a suspension is revoked or varied
under subsection (1), the Minister must
cause a statement setting out the grounds
for the revocation or variation to be laid
before each House of Parliament during
the first 7 sitting-days of that House
following the revocation or variation, or
a longer period allowed by resolution of
the House of Parliament before which it
is laid.
(3) If a suspension is revoked or varied
under subsection (1), a House of
Parliament, within 30 sitting-days after
the day on which a statement setting out
the grounds for the revocation or
variation has been laid before the House
under subsection (2), or a longer period
allowed by resolution of that House of
Parliament, may pass a resolution -
(a) confirming the revocation or
variation of the suspension; or
(b) revoking the revocation or
variation of the suspension.
(4) If both Houses of Parliament pass a
resolution under subsection (3)(b) -
(a) revoking the revocation of a
suspension, the suspension is to
be taken to continue on and from
the day on which the resolution is
passed by both Houses until the
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Act No. of
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suspension is revoked, if at all,
under this Act; or
(b) revoking the variation of a
suspension, the variation of the
suspension is to be taken to cease
on and from the day on which the
resolution has been passed by
both Houses.
15I. Request for revocation of appointment
The Governor may cause to be laid
before both Houses of Parliament a
statement requesting the Houses of
Parliament to revoke the appointment of
a person as Chief Commissioner on the
grounds for suspension, referred to in
section 15E(1) or (3), that are specified
in the statement, if -
(a) the Governor is satisfied that the
person may be suspended from
the office of Chief Commissioner
on the grounds, referred to in
section 15E(1) or (3), specified in
the statement; and
(b) the Governor has suspended the
person from office under
section 15E on any grounds
referred to in that section,
whether or not they are the same
grounds as the grounds to which
the statement relates; and
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Act No. of
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(c) the statement required by
section 15F to be laid before both
Houses of Parliament in relation
to the suspension of the person
from the office of Chief
Commissioner has been laid
before each House; and
(d) where the person has been
suspended from office under
section 15E(3) - the suspension
has been confirmed under
section 15G(1)(a).
15J. House of Parliament may revoke
appointment or suspension of person from
office of Chief Commissioner
(1) A House of Parliament, after 10 sitting-
days, or a longer period allowed by
resolution of the House, after the day on
which a statement requesting the Houses
of Parliament to revoke the appointment
of a person as Chief Commissioner has
been laid before the House under
section 15I, may resolve -
(a) to refuse the request made in the
statement and, if the suspension
of the person from office has not
been revoked, to revoke the
suspension; or
(b) to revoke the appointment of the
person as Chief Commissioner.
(2) If both Houses have resolved -
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Act No. of
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(a) under subsection (1)(a) to revoke
the suspension of a person from
the office of Chief
Commissioner, the suspension of
the person from the office of
Chief Commissioner is revoked;
or
(b) under subsection (1)(b) to revoke
the appointment of a person as
Chief Commissioner, the
appointment of the person as
Chief Commissioner is revoked -
on and from the day on which the
resolution is passed by both Houses.
15K. Payment of person suspended from office of
Chief Commissioner
(1) If a person is suspended from the office
of Chief Commissioner under
section 15E, the Governor is to specify in
the instrument of suspension the
proportion (which may be all, none or
part) of the salary of the Chief
Commissioner to which the person is to
be entitled in respect of the period of
suspension.
(2) If a person is suspended from the office
of Chief Commissioner under
section 15E, the person is not entitled, in
respect of the period of suspension, to
any more of the salary of the Chief
Commissioner, to which, but for the
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Act No. of
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suspension, or any variation of the
suspension, the person would be entitled
under this Act, than the proportion of that
salary that is specified in the instrument
of suspension, as so varied, if at all.
(3) Despite subsection (2), if the suspension
of a person from the office of Chief
Commissioner for a period under
section 15E is revoked under
section 15G(2), section 15H(1) or
section 15J(2)(a), the person is entitled to
the amount of the salary in respect of the
period to which, but for the suspension of
the person from the office, the person
would be entitled under this Act.
9. Section 27 amended (Parliamentary Standards
Commissioner)
Section 27 of the Principal Act is amended by
omitting subsection (4).
10. Schedule 2 amended (Membership of Board of
Integrity Commission)
Schedule 2 to the Principal Act is amended as
follows:
(a) by omitting "the Chief Commissioner
and" from the definition of member in
clause 1;
19
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Act No. of
s. 10
(b) by omitting paragraph (g) from clause
8(2) and substituting the following
paragraph:
(g) has been guilty of conduct, or an
attempt to engage in conduct,
which if engaged in by a public
officer is misconduct.
(c) by inserting in clause 10(1) "or in the
office of Chief Commissioner" after
"member";
(d) by inserting the following subclause after
subclause (2) in clause 10:
(3) All acts and proceedings of the
Integrity Commission or of a
person acting under a direction of
the Integrity Commission are,
despite the subsequent discovery
of a defect in the appointment of
a person to the office of Chief
Commissioner or that any other
person was disqualified from
acting as, or incapable of being,
appointed to the office of Chief
Commissioner, as valid as if the
Chief Commissioner had been
duly appointed and was qualified
to act as, or capable of being, the
Chief Commissioner, and as if the
Integrity Commission had been
fully constituted.
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Act No. of
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(e) by inserting the following paragraph after
paragraph (a) in clause 11:
(ab) the appointment of a person to the
office of Chief Commissioner; or
11. Schedule 3 amended (Meetings of Board of
Integrity Commission)
Schedule 3 to the Principal Act is amended as
follows:
(a) by omitting the definition of member
from clause 1 and substituting the
following definition:
member means the Chief
Commissioner and a member of
the Board appointed under
section 14(1)(e), (f) or (g).
(b) by omitting from clause 4(1) "Four" and
substituting "Three".
12. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 21