Integrity Commission Act 2018 (ACT)
Integrity Commission Act 2018
A2018-52
Republication No 10
Effective: 19 March 2025
Republication date: 19 March 2025
Last amendment made by A2024‑47
About this republication
The republished law
This is a republication of the Integrity Commission Act 2018 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 March 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 19 March 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Integrity Commission Act 2018
Contents
Page
Chapter 1 Preliminary
Part 1.1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Objects of Act 3
7 Application of Act—Parliamentary privilege 4
8 Application of Act—conduct that happened before the commencement of this Act 4
Part 1.2 Important concepts
9 Meaning of corrupt conduct 7
10 Meaning of serious corrupt conduct 10
11 Meaning of systemic corrupt conduct 10
12 Meaning of public official 10
13 Meaning of judicial officer 11
14 Meaning of public sector entity 12
15 Meaning of head of a public sector entity 12
16 Meaning of ACT public service entity 14
17 Meaning of Legislative Assembly entity 14
18 Meaning of entity of a public nature 15
Chapter 2 Integrity commission
Part 2.1 Commission—establishment, independence and functions
19 Establishment of commission 17
20 Constitution of commission 17
21 Commissioner—officer of the Legislative Assembly 17
22 Independence of commission 18
23 Functions of commission 18
24 Functions of commissioner 19
Part 2.2 Commissioner—appointment
25 Commissioner—appointment 20
26 Commissioner—eligibility for appointment 21
27 Commissioner—selection criteria and process 22
28 Commissioner—term of appointment 23
29 Commissioner—oath or affirmation of office 23
30 Commissioner—disclosure of interests 24
31 Commissioner—must avoid conflict of interest 24
32 Commissioner—conflicts of interest register 25
33 Commissioner—resignation 25
34 Commissioner—retirement 26
35 Commissioner—suspension—generally 27
36 Commissioner—suspension—relevant Assembly committee notice and meetings 29
37 Commissioner—ending suspension 30
38 Commissioner—ending appointment 31
39 Commissioner—leave of absence 32
40 Commissioner—acting appointment 32
Part 2.3 Commission—CEO
41 CEO—appointment 35
42 CEO—term of appointment 36
43 CEO—ending appointment 36
44 CEO—functions 37
45 CEO—delegation 37
46 CEO—leave of absence 37
Part 2.4 Commission—staff
47 Meaning of staff of the commission 38
48 Commission employed staff 38
49 Commission consultants and contractors 38
50 Staff of the commission—eligibility for appointment 38
50A Staff of the commission—conflicts of interest register 40
50B Staff of the commission—personal interest guidelines 40
51 Staff of the commission—not subject to direction from others 41
52 Delegation by commission 41
53 Delegation by commissioner 41
54 Commission—other arrangements for staff and facilities 42
Part 2.5 Commission—cooperation with other entities
55 Commission—cooperation with other entities 43
56 Commission—arrangements with other entities 44
Chapter 3 Commission—investigating corrupt conduct
Part 3.1 Commission—reporting corrupt conduct
Division 3.1.1 Corruption complaints
57 Anyone may make corruption complaint 45
58 How to make a corruption complaint 45
59 Other entities may refer corruption complaints 46
59A Certain disclosures under Public Interest Disclosure Act 2012 may be corruption complaints 47
60 Withdrawal of corruption complaints 48
Division 3.1.2 Mandatory corruption notifications by public sector entities
61 Meaning of mandatory corruption notification 48
62 Mandatory corruption notifications—heads of public sector entities and senior executives 48
63 Mandatory corruption notifications—MLAs and chiefs of staff 49
64 Directions about mandatory corruption notifications 50
65 Offence—mandatory corruption notifications—heads of public sector entities 51
66 Offence—mandatory corruption notifications—senior executives 52
67 Offence—mandatory corruption notifications—MLAs 52
68 Offence—mandatory corruption notifications—chiefs of staff 53
Division 3.1.3 Reports must be dismissed, referred or investigated
69 Meaning of corruption report 54
70 Commission must dismiss, refer or investigate corruption reports 54
71 When corruption reports must be dismissed 55
Division 3.1.4 Commission must keep people informed
72 Commission must keep complainant informed 57
73 Commission must keep referring entity informed 59
74 Commission must keep notifier informed 60
75 Limitations on keeping people informed 61
Part 3.2 Commission—confidentiality notices
76 Meaning of restricted information 63
77 Meaning of confidentiality notice 64
78 Confidentiality notices for preliminary inquiries 64
79 Confidentiality notices for investigations 64
80 Confidentiality notices—content 65
81 Meaning of permitted disclosure of restricted information—pt 3.2 66
82 Confidentiality notices—amendment and revocation 68
83 Confidentiality notices—extension 69
84 Confidentiality notices—expiry 70
85 Offences—disclose restricted information in confidentiality notice 70
Part 3.3 Commission—preliminary inquiries
85A Meaning of Assembly information 72
86 Preliminary inquiries about corruption reports 72
87 Preliminary inquiries about own initiative matters 72
88 Certain powers not to be used for preliminary inquiries 73
89 Power to request information from head of public sector entity 73
89A Dealing with request for Assembly information 74
90 Power to issue preliminary inquiry notice 75
90A Dealing with preliminary inquiry notice for Assembly information 77
90B Preliminary inquiry notice—delivery of document or thing 77
91 Preliminary inquiry notice—content 78
92 Preliminary inquiry notice—person under 16 years 79
93 Preliminary inquiry notice—service 80
94 Preliminary inquiry notice—first actions to be taken 80
94A Preliminary inquiry notice—extension 81
95 Preliminary inquiry notice—claiming privilege or secrecy 81
96 Preliminary inquiry notice—application to Supreme Court to decide privilege or secrecy 82
97 Preliminary inquiry notice—Supreme Court to decide privilege or secrecy 83
98 Preliminary inquiry notice—offence to open secured document or other thing 84
99Preliminary inquiries—application of Criminal Code, ch 7 84
Part 3.4 Commission—conducting an investigation
Division 3.4.1 Starting an investigation
100 Commission may investigate corruption report 85
101 Commission may investigate on own initiative 85
102 Investigation of judicial officers 85
103 Investigation may be conducted during court proceeding 86
104 Investigation may be conducted as joint investigation 87
Division 3.4.2 Referring matters to another entity
105 Commission must refer corruption reports about staff to inspector 87
106 Meaning of referral entity 88
107 Commission may refer corruption reports to referral entity 89
108 Referral to referral entity—results and actions 89
109 Referral to referral entity—withdrawal of referral 90
110 Commission may refer matters to judicial council or judicial commission 91
111 Commission may refer matters to prosecutorial body 92
Division 3.4.3 Discontinuing an investigation
112 Discontinuing an investigation 93
Part 3.5 Commission—powers of entry, search and seizure
Division 3.5.1 Investigators
113 Investigators—appointment 94
114 Investigators—identity cards 94
115 Investigator must show identity card on exercising power 95
Division 3.5.2 Powers of investigators
116 Definitions—pt 3.5 96
117 Power to enter premises 97
118 Production of identity card 98
119 Consent to entry 98
120 General powers on entry to premises 99
121 Power to seize things 100
Division 3.5.3 Search warrants
122 Warrants—generally 101
123 Warrants—application other than in person 102
124 Search warrants—announcement before entry 104
125 Details of search warrant to be given to occupier etc 104
126 Occupier entitled to be present during search etc 104
127 Search warrants—claiming privilege 105
128 Search warrants—application to Supreme Court to decide privilege 106
129 Search warrants—Supreme Court to decide privilege 106
130 Search warrants—offence to open secured document or other thing 107
130A Search warrants—claiming parliamentary privilege 108
130B Search warrants—investigator to give secured documents etc to clerk 108
Division 3.5.4 Return and forfeiture of things seized
131 Receipt for things seized 109
132 Moving things to another place for examination or processing under search warrant 110
133 Access to things seized 111
134 Return of things seized 111
135 Forfeiture of seized things 112
136 Application for order disallowing seizure 112
137 Order for return of seized thing 113
Division 3.5.5 Miscellaneous
138 Damage etc to be minimised 114
139 Compensation for exercise of enforcement powers 114
Part 3.6 Commission—examinations
Division 3.6.1 Examinations
140 Power to hold examination 116
141 Commissioner to preside 116
142 Conduct of examinations 116
143 Examinations may be public or private 117
144 Commission must notify inspector of public examination 117
145 Offence to be present at examination not open to public 118
146 Commission may give directions 119
147 Power to issue examination summons 120
147A Dealing with examination summons for Assembly information 122
147B Examination summons—delivery of document or thing 122
148 Examination summons—content 123
149 Examination summons—person under 16 years 126
150 Examination summons—notice and immediate attendance 126
151 Examination summons—service 127
152 Examination—legal representation 127
153 Examination—provisions for vulnerable witnesses 128
154 Examination—commission may issue suppression order 129
155 Offence—contravene suppression order 129
156 Examination—first actions to be taken 130
156A Examination summons—extension 130
157 Examination—power to examine on oath 131
158 Examination—video recording and transcript 132
158A Examination—dealing with Assembly information discovered 132
159 Examination—warrant to arrest witness who fails to appear 134
160 Examination—executing warrant to arrest witness who fails to appear 135
Division 3.6.2 Examinations—privilege
161 Examination—claiming privilege 136
162 Examination—application to Supreme Court to decide privilege 137
163 Examination—Supreme Court to decide privilege 138
164 Examination—offence to open secured document or other thing 139
165 Examination—protection of witnesses and lawyers 140
Division 3.6.3 Examinations—contempt
166 Contempt of commission 140
167 Commission may apply to Supreme Court to deal with contempt 141
168 Supreme Court to deal with contempt 142
169 Commission may withdraw contempt application 142
170 Act or omission both offence and contempt 142
Division 3.6.4 Examinations—other provisions
171 Witnesses at examinations—provision of legal assistance 142
172 Witnesses at examinations—reimbursement of expenses 143
173Examination—application of Criminal Code, ch 7 143
Part 3.7 Commission—privilege
174 Meaning of privilege 144
175 Privileges against self-incrimination and exposure to civil penalty do not apply 144
176 Privileges against self-incrimination and exposure to civil penalty—use and derivative use immunity 145
177 Parliamentary privilege 146
178 Parliamentary privilege—taken to be waived for MLAs’ declarations of interests etc 147
Part 3.8 Commission—recommendations
179 Commission may make private recommendation at any time 148
180 Commission may require response to private recommendation 149
181 Commission may make private recommendation public 149
Part 3.9 Commission—completing an investigation and investigation reports
182 Investigation reports 150
183 Investigation report—not to include findings of guilt etc or recommendations about prosecution 150
184 Investigation report—not to include finding of corrupt conduct unless serious or systemic 151
185 Investigation report—not to include information that may prejudice proceeding etc 151
186 Investigation report—not to include information identifying certain people 152
187 Investigation report—not to include information contrary to the public interest 152
188 Investigation report—comments on proposed reports 153
188A Investigation report—considering comments on proposed reports 154
189 Investigation report—presentation to Legislative Assembly 154
190 Investigation report—publication on website 156
191 Investigation report—Ministerial response about ACT public service entity 156
192 Confidential investigation report 157
Part 3.10 Commission—secrecy and information sharing
193 Legal advice directions 158
194 Offence—fail to comply with legal advice direction 159
195 Public sector entity may disclose information to commission 159
196 Disclosure of information by commission 160
197 Information about investigation may be given to certain people 162
198 Commission must give non-disclosure notice when giving information 163
199 Meaning of permitted disclosure of information—pt 3.10 165
200 Non-disclosure notices—expiry 167
201 Offences—disclose information received from the commission 167
202 Evidence in court proceedings 169
Part 3.11 Commission—outcomes
203 Outcome of prosecutions and termination action to be published 170
204 Reputational repair protocols 170
Chapter 4 Commission—reporting
Part 4.1 Commission—monthly reports to inspector
205 Commissioner—monthly reports to inspector 172
Part 4.2 Commission—special reports
206 Special reports 175
207 Special report—not to include findings of guilt etc or recommendations about prosecution 175
208 Special report—not to include finding of corrupt conduct unless serious or systemic 176
209 Special report—not to include information that may prejudice proceeding etc 176
210 Special report—not to include information identifying certain people 176
211 Special report—not to include information contrary to the public interest 177
212 Special report—comments on proposed reports 177
212A Special report—considering comments on proposed reports 178
213 Special report—presentation to Legislative Assembly 179
214 Special report—publication on website 180
215 Special report—Ministerial response about ACT public service entity 180
216 Confidential special report 181
Part 4.3 Commission—annual reports
217 Meaning of commission annual report 183
218 Commission annual report—content 183
219 Commission annual report—not to include findings of guilt etc or recommendations about prosecution 188
220 Commission annual report—not to include finding of corrupt conduct unless serious or systemic 189
221 Commission annual report—not to include information that may prejudice proceeding etc 189
222 Commission annual report—not to include information identifying certain people 189
223 Commission annual report—not to include information contrary to the public interest 190
224 Commission annual report—comments on proposed reports 190
224A Commission annual report—considering comments on proposed reports 191
Chapter 5 Inspector of the commission
Part 5.1 Inspector of the commission
Division 5.1.1 Inspector—independence and functions
225 Inspector—officer of the Legislative Assembly 193
226 Inspector—independence 194
227 Inspector—functions 194
228 Inspector—powers 194
Division 5.1.2 Inspector—appointment
229 Inspector—ombudsman to be inspector until other appointment made 195
230 Inspector—appointment 195
231 Inspector—eligibility for appointment 196
232 Inspector—selection criteria and process 198
233 Inspector—length of appointment 199
234 Inspector—terms of appointment 199
235 Inspector—oath or affirmation of office 199
236 Inspector—disclosure of interests 199
237 Inspector—must not do inconsistent work etc 200
238 Inspector—resignation 200
239 Inspector—retirement 200
240 Inspector—suspension—generally 202
241 Inspector—suspension—relevant Assembly committee notice and meetings 203
242 Inspector—ending suspension 204
243 Inspector—ending appointment 205
244 Inspector—leave of absence 207
245 Inspector—acting inspector—acting ombudsman 207
246 Inspector—acting appointment 207
247 Inspector—arrangements for another person to exercise functions 209
Division 5.1.3 Inspector—staff
248 Meaning of staff of the inspector 210
249 Inspector’s employed staff 210
250 Inspector’s consultants and contractors 211
251 Staff of the inspector—eligibility for appointment 211
251A Staff of the inspector—conflicts of interest register 213
251B Staff of the inspector—personal interest guidelines 213
252 Staff of the inspector—not subject to direction from others 213
253 Delegation by inspector 214
254 Inspector—other arrangements for staff and facilities 214
255 Inspector—arrangements with other entities 214
Part 5.2 Inspector—investigating complaints about the commission
256 Meaning of commission personnel—pt 5.2 216
257 Inspector—making a complaint to the inspector 216
258 How to make a complaint to the inspector 217
259 Inspector—must keep complainant informed 217
260 Inspector—must give non-disclosure notice when giving information 219
261 Meaning of permitted disclosure of information—pt 5.2 220
262 Non-disclosure notices—expiry 222
263 Offences—disclose information received from the inspector 222
264 Inspector—investigating a complaint 223
265 Inspector—own initiative investigation 224
266 Inspector—conduct of investigation 224
267 Inspector—commission must give assistance 225
268 Inspector—withdrawal of complaint 225
269 Inspector—power to ask for information, documents and other things 226
270 Inspector—privileges against self-incrimination and exposure to civil penalty 226
271 Inspector—referral to other entities 227
272 Inspector—recommendations about practices or procedures 228
273 Inspector—recommendation to Speaker that commissioner or staff be investigated 228
Part 5.3 Inspector—secrecy and information sharing
274 Inspector—disclosure of information 230
Part 5.4 Inspector—reviews and reports
Division 5.4.1 Inspector’s special reports
275 Inspector’s special report 231
276 Inspector’s special report—not to include information contrary to the public interest 231
277 Inspector’s special report—comments on proposed reports 232
277A Inspector’s special report—considering comments on proposed reports 233
278 Inspector’s special report—presentation to Legislative Assembly 233
279 Inspector’s special report—publication on website 234
Division 5.4.2 Inspector—annual operational review of commission
280 Inspector—annual operational review of commission 234
281 Inspector—annual operational review report 236
Division 5.4.3 Inspector—annual reports
282 Meaning of inspector’s annual report 236
283 Inspector’s annual report—content 236
284 Inspector’s annual report—not to include information contrary to the public interest 239
285 Inspector’s annual report—comments on proposed reports 240
285A Inspector’s annual report—considering comments on proposed reports 241
Chapter 6 Special investigation of commission or inspector
286 Speaker may appoint special investigator to investigate commission or inspector 242
Chapter 7 Protections for people involved in investigations
Part 7.1 Definitions—ch 7
287 Meaning of complainant and complaint—ch 7 244
Part 7.2 Protection for people who report corruption
288 Immunity from liability 245
289 Protection from defamation action 245
290 Loss of protection 246
291 Liability for own conduct 246
Part 7.3 Detrimental action against a person
292 Meaning of detrimental action—pt 7.3 247
293 Offence—taking detrimental action 247
294 Damages for detrimental action 248
295 Injunction to prevent detrimental action etc 249
Part 7.4 Wellbeing of people involved in matters before the commission
295A Commission—wellbeing policy 250
Chapter 8 Miscellaneous
296 Offence—obstruct commission, inspector and others 253
297 Offences—use or divulge protected information 254
298 Protection of officials from liability 256
299 Information guidelines 257
300 Unavailability of Speaker 257
301 Assistance for Speaker 259
302 Regulation-making power 259
303 Review of Act 260
Dictionary261
Endnotes
1 About the endnotes 270
2 Abbreviation key 270
3 Legislation history 271
4 Amendment history 273
5 Earlier republications 280
Integrity Commission Act 2018
An Act to establish the ACT Integrity Commission, and for other purposes
Chapter 1Preliminary
Part 1.1Preliminary
Name of Act
This Act is the Integrity Commission Act 2018.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘registered party—see the Electoral Act 1992, dictionary.’ means that the term ‘registered party’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Objects of Act
The objects of this Act include—
(a)providing for the identification, investigation and exposure of corrupt conduct; and
(b)providing for the commission to prioritise the investigation and exposure of serious corrupt conduct and systemic corrupt conduct; and
(c)achieving a balance between the public interest in exposing corruption in public administration and the public interest in avoiding undue prejudice to a person’s reputation; and
(d)assisting in the prevention of corrupt conduct; and
(e)cooperating with other integrity bodies; and
(f)educating public officials and the community about the detrimental effects of corrupt conduct on public administration and the community and the ways in which corrupt conduct can be prevented; and
(g)assisting in improving the capacity of the public sector to prevent corrupt conduct.
Application of Act—Parliamentary privilege
(1)This Act does not affect the law relating to the privileges of—
(a)the Legislative Assembly; or
(b)any Australian Parliament; or
(c)any house of any Australian Parliament.
(2)This section is subject to section 178 (Parliamentary privilege—taken to be waived for MLAs’ declarations of interests etc).
Application of Act—conduct that happened before the commencement of this Act
(1)This Act applies in relation to conduct that happened after self‑government day and before the commencement of this section if the conduct—
(a)is conduct by an entity (whether or not still in existence) that would have been a public official or public sector entity under this Act had this Act been in force at the time the conduct happened; and
(b)would have been corrupt conduct under this Act had this Act been in force at the time the conduct happened.
(2)However, the commission must not conduct an investigation under chapter 3 (Commission—investigating corrupt conduct) in relation to conduct of a judicial officer that happened after self-government day and entirely before the commencement of this section if the matter directly relates to—
(a)the merits of a decision made by the judicial officer; or
(b)an order made by the judicial officer; or
(c)a judgment given by the judicial officer.
(3)Also, the commission need not conduct an investigation under chapter 3 (Commission—investigating corrupt conduct) in relation to conduct that happened after self-government day and entirely before the commencement of this section if satisfied on reasonable grounds that the matter does not justify investigation because—
(a)the conduct is trivial; or
(b)the conduct is unrelated to the functions of the commission; or
(c)the corruption report is frivolous or vexatious or not made in good faith; or
(d)the corruption report lacks substance or credibility; or
(e)the corruption report was not made genuinely or was made primarily for a mischievous purpose; or
(f)another investigatory body has already appropriately investigated, or decided not to investigate, the conduct; or
(g)the conduct happened too long ago to justify investigation.
(4)In addition, the commission may conduct an investigation under chapter 3 in relation to conduct that happened after self-government day and entirely before the commencement of this section only if satisfied on reasonable grounds that—
(a)it is in the public interest for the commission to investigate the conduct; and
(b)in all the circumstances, it is appropriate for the commission to investigate the conduct, having regard to the commission’s function of investigating conduct that is alleged to be corrupt conduct.
(5)In this section:
investigatory body means—
(a)an integrity body; or
(b)another entity (whether or not still in existence) with power to require the production of documents or the answering of questions.
Part 1.2Important concepts
Meaning of corrupt conduct
(1)For this Act, corrupt conduct is conduct—
(a)that could—
(i)constitute a criminal offence; or
(ii)constitute a serious disciplinary offence; or
(iii)constitute reasonable grounds for dismissing, dispensing with the services of, or otherwise terminating the services of, a public official; and
(b)that is any of the following:
(i)conduct by a public official that constitutes the exercise of the public official’s functions as a public official in a way that is not honest or is not impartial;
(ii)conduct by a public official or former public official that—
(A)constitutes a breach of public trust; or
(B)constitutes the misuse of information or material acquired by the official in the course of performing their official functions, whether or not the misuse is for the benefit of the official or another person;
(iii)conduct that adversely affects, either directly or indirectly the honest or impartial exercise of functions by a public official or a public sector entity;
(iv)conduct that—
(A)adversely affects, either directly or indirectly the exercise of official functions by a public official or public sector entity; and
(B)would constitute, if proved, an offence against a provision of the Criminal Code, chapter 3 (Theft, fraud, bribery and related offences);
(v)conduct that involves any of the following:
(A)collusive tendering;
(B)fraud in relation to applications for licences, permits or other authorities under legislation designed to protect health and safety, protect the environment or facilitate the management and commercial exploitation of resources;
(C)dishonestly obtaining or assisting in obtaining, or dishonestly benefiting from, the payment or application of public funds for private advantage or the disposition of public assets for private advantage;
(D)defrauding the public revenue;
(E)fraudulently obtaining or retaining employment or appointment as a public official;
(vi)conduct engaged in by a person in relation to conduct mentioned in subparagraphs (i) to (iv) (the primary conduct), that would constitute an offence against the Criminal Code, part 2.4 (Extensions of criminal responsibility) on the basis that the primary conduct is an offence, whether or not the primary conduct is in fact an offence.
(2)For subsection (1) (a) it does not matter if—
(a)proceedings or action in relation to the conduct can no longer be taken; or
(b)the conduct happened outside the Territory.
Example—par (a)
Action for a disciplinary offence may no longer be taken as the person who engaged in the conduct has resigned.
(3)In this section:
criminal offence means a criminal offence under the law of the Territory or under any other law relevant to the conduct in question.
Examples—criminal offences
offences in the Criminal Code, ch 3 (Theft, fraud, bribery and related offences), including:
· pt 3.2 (Theft and related offences)
· pt 3.3 (Fraudulent conduct)
· pt 3.4 (False or misleading statements, information and documents)
· pt 3.5 (Blackmail)
· pt 3.6 (Forgery and related offences)
· pt 3.7 (Bribery and related offences)
· pt 3.8 (Impersonation or obstruction of territory public officials)
· pt 3.8A (Cheating at gambling).
serious disciplinary offence includes—
(a)any serious misconduct; or
(b)any other matter that constitutes or may constitute grounds for—
(i)termination action under any law; or
(ii)a significant employment penalty.
serious misconduct—see the Fair Work Regulations 2009 (Cwlth), section 1.07 (Meaning of serious misconduct).
Meaning of serious corrupt conduct
In this Act:
serious corrupt conduct means corrupt conduct that is likely to threaten public confidence in the integrity of government or public administration.
Meaning of systemic corrupt conduct
In this Act:
systemic corrupt conduct means instances of corrupt conduct that reveal a pattern of corrupt conduct in 1 or more public sector entities.
Meaning of public official
(1)In this Act:
public official—
(a)means a person who—
(i)has public official functions for the Territory; or
(ii)is acting in a public official capacity for the Territory; and
(b)includes the following:
(i)a member of the Legislative Assembly;
(ii)a member of staff of an MLA;
(iii)a judicial officer;
(iv)a presidential member, non-presidential member, assessor or registrar of the ACAT;
(v)an officer of the Assembly;
(vi)a statutory office-holder;
(vii)a public servant;
(viii)any other person who is—
(A)an employee of a public sector entity; or
(B)a contractor, employee of a contractor, or volunteer exercising a function of, a public sector entity.
(2)In this section:
assessor, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
non-presidential member, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
presidential member, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
Meaning of judicial officer
(1)In this Act:
judicial officer means any of the following:
(a)the Chief Justice, a judge or associate judge;
(b)the Chief Magistrate, a magistrate or any office that must be occupied by a magistrate;
(c)a registrar of the Supreme Court or the Magistrates Court.
(2)In this section:
associate judge means the Master of the Supreme Court under the Supreme Court Act 1933, as in force at any time before the day the Courts Legislation Amendment Act 2023, section 23 commences.
NoteThe Courts Legislation Amendment Act 2023, s 23 omitted the Supreme Court Act 1933, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).
Meaning of public sector entity
In this Act:
public sector entity means any of the following:
(a)an ACT public service entity;
NoteACT public service entity—see s 16.
(b)a Legislative Assembly entity;
NoteLegislative Assembly entity—see s 17.
(c)an entity of a public nature.
NoteEntity of a public nature—see s 18.
Meaning of head of a public sector entity
(1)In this Act:
head, of a public sector entity, means—
(a)for an ACT public service entity—
NoteACT public service entity—see s 16.
(i)for the public service—the head of service; and
(ii)for an administrative unit—the director-general of the administrative unit; and
(iii)for a statutory office-holder—the statutory office-holder; and
(iv)for a territory authority—the person who has responsibility for managing the affairs of the territory authority; and
(v)for a territory-owned corporation or a subsidiary of a territory-owned corporation—the person who has responsibility for managing the affairs of the territory‑owned corporation; and
(vi)for a territory instrumentality—the person who has responsibility for managing the affairs of the territory instrumentality; and
(b)for a Legislative Assembly entity—
NoteLegislative Assembly entity—see s 17.
(i)for a member of the Legislative Assembly—the Speaker; and
(ii)for a member of staff of an MLA—the Speaker; and
(iii)for the Office of the Legislative Assembly—the clerk of the Legislative Assembly; and
(iv)for an officer of the Assembly—the officer of the Assembly; and
(v)for a member of staff of an officer of the Assembly—the officer of the Assembly; and
(c)for an entity of a public nature—the person who has responsibility for managing the affairs of the entity.
NoteEntity of a public nature—see s 18.
(2)In this section:
Speaker includes, if the Speaker is unavailable, the Deputy Speaker.
unavailable—the Speaker is unavailable if—
(a)the Speaker is absent from duty; or
(b)there is a vacancy in the office of Speaker; or
(c)the Speaker has an actual or perceived conflict of interest that would prevent the Speaker from properly carrying out the functions of Speaker under this Act; or
(d)the Speaker cannot for any reason exercise the functions of the Speaker.
Meaning of ACT public service entity
In this Act:
ACT public service entity—
(a)means any of the following:
(i)the public service;
(ii)a statutory office-holder;
(iii)a territory authority;
(iv)a territory-owned corporation;
(v)a subsidiary of a territory-owned corporation;
(vi)a territory instrumentality; but
(b)does not include the following:
(i)the commission;
(ii)the commissioner;
(iii)staff of the commission;
(iv)the inspector;
(v)staff of the inspector.
Meaning of Legislative Assembly entity
In this Act:
Legislative Assembly entity means any of the following:
(a)a member of the Legislative Assembly;
(b)a member of staff of an MLA;
(c)the Office of the Legislative Assembly;
(d)an officer of the Assembly;
(e)a member of staff of an officer of the Assembly.
Meaning of entity of a public nature
(1)In this Act:
entity of a public nature means an entity whose functions are, or include, functions of a public nature, when it is exercising those functions (whether under contract or otherwise) for—
(a)the Territory; or
(b)an ACT public service entity; or
(c)a Legislative Assembly entity.
NoteA reference to an entity includes a reference to a person exercising a function of the entity, whether under a delegation, subdelegation or otherwise (see Legislation Act, s 184A (1)).
(2)In deciding whether a function of an entity is a function of a public nature, the following matters may be considered:
(a)whether the function is conferred on the entity under a territory law;
(b)whether the function is connected to or generally identified with functions of government;
(c)whether the function is of a regulatory nature;
(d)whether the entity is publicly funded to perform the function;
(e)whether the entity exercising the function is a company (within the meaning of the Corporations Act) the majority of the shares in which are held by or for the Territory.
(3)Subsection (2) does not limit the matters that may be considered in deciding whether a function is of a public nature.
(4)Without limiting subsection (2) or (3), the following functions are taken to be of a public nature:
(a)the operation of detention places and correctional centres;
(b)the provision of any of the following services:
(i)gas, electricity and water supply;
(ii)emergency services;
(iii)public health services;
(iv)public education;
(v)public transport;
(vi)public housing.
Chapter 2Integrity commission
Part 2.1Commission—establishment, independence and functions
Establishment of commission
The ACT Integrity Commission is established.
Constitution of commission
The commission consists of the commissioner.
Commissioner—officer of the Legislative Assembly
(1)The commissioner is an independent officer of the Legislative Assembly.
(2)The functions, powers, rights, immunities and obligations of the commissioner are as stated in this Act and any other law in force in the Territory.
NoteA law in force in the Territory includes a territory law and a Commonwealth law.
(3)There are no implied functions, powers, rights, immunities or obligations arising from the commissioner being an independent officer of the Legislative Assembly.
(4)The powers of the Legislative Assembly to act in relation to the commissioner are as stated in this Act and any other law in force in the Territory.
(5)In subsection (4):
Legislative Assembly includes—
(a)the members of the Legislative Assembly; and
(b)the committees of the Legislative Assembly.
(6)There are no implied powers of the Legislative Assembly arising from the commissioner being an independent officer of the Legislative Assembly.
Independence of commission
Subject to this Act and to other territory laws, the commission has complete discretion in the exercise of the commission’s functions.
Functions of commission
(1)The functions of the commission are to—
(a)investigate conduct that is alleged to be corrupt conduct; and
(b)refer suspected instances of criminality or wrongdoing to the appropriate authority for further investigation and action; and
(c)prevent corruption, including by—
(i)researching corrupt practices; and
(ii)mitigating the risks of corruption; and
(d)publish information about investigations conducted by the commission, including lessons learned; and
(e)provide education programs about the operation of this Act and the commission, including providing advice, training and education services to—
(i)the Legislative Assembly and the public sector to increase capacity to prevent corrupt conduct; and
(ii)people who are required to report corrupt conduct under this Act; and
(iii)the community about the detrimental effects of corruption on public administration and ways in which to assist in preventing corrupt conduct; and
(f)foster public confidence in the Legislative Assembly and public sector.
(2)In exercising its functions, the commission must prioritise the investigation and exposure of corrupt conduct which the commission considers may constitute serious corrupt conduct or systemic corrupt conduct.
(3)Subsection (2) does not restrict the commission’s discretion to decide to investigate any matter that the commission considers may constitute corrupt conduct.
(4)In exercising its functions, the commission must take into account the responsibility and role other public sector entities have in the prevention of corrupt conduct.
(5)In this section:
public sector—see the Public Sector Management Act 1994, dictionary.
Functions of commissioner
The commissioner has the functions given to the commissioner under this Act or another territory law.
Note 1A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Note 2The commissioner has functions under the Public Interest Disclosure Act 2012.
Part 2.2Commissioner—appointment
Commissioner—appointment
(1)The Speaker must, on behalf of the Territory, appoint a person as the ACT Integrity Commissioner.
(2)The appointment must be made—
(a)in consultation with—
(i)the Chief Minister; and
(ii)the Leader of the Opposition; and
(iii)the leader (however described) of a registered party (other than the party to which the Chief Minister or Leader of the Opposition belongs) if at least 2 members of the Legislative Assembly are members of the party; and
(iv)the relevant Assembly committee; and
(b)in accordance with the commissioner selection criteria and process determination.
NoteCommissioner selection criteria and process determination—see s 27.
(3)The Speaker must not appoint a person as commissioner unless—
(a)satisfied that the person has extensive knowledge of, and experience in—
(i)criminal investigation or criminal adjudication; or
(ii)law enforcement or the conduct of investigations; or
(iii)public administration, governance or government; and
(b)the Legislative Assembly has approved the appointment, by resolution passed by a majority of at least 2/3 of the members.
(4)The commissioner is appointed on the terms (if any) in relation to matters not provided for by this part or a determination under the Remuneration Tribunal Act 1995 that are prescribed by the management standards under the Public Sector Management Act 1994.
(5)The appointment is a disallowable instrument.
Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Commissioner—eligibility for appointment
(1)The Speaker may appoint a person as the commissioner only if the person has been—
(a)a judge of the Supreme Court; or
(b)a judge of the Supreme Court of a State or another territory; or
(c)a judge of the Federal Court; or
(d)a justice of the High Court; or
(e)a lawyer for at least 10 years.
(2)However, the Speaker must not appoint a person as the commissioner if the person—
(a)is or has been the inspector of the commission; or
(b)is or has been a member of—
(i)the Legislative Assembly; or
(ii)the Parliament of the Commonwealth; or
(iii)the legislature of a State or another territory; or
(c)is or has, in the 5 years immediately before the day of the proposed appointment, been a public servant; or
(d)is or has, in the 5 years immediately before the day of the proposed appointment, been a member of—
(i)a registered party; or
(ii)a political party registered under a law of the Commonwealth, a State or another territory; or
(iii)a political party; or
(e)has been convicted—
(i)in the ACT, of an offence punishable by imprisonment for at least 1 year; or
(ii)outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.
Commissioner—selection criteria and process
(1)The Speaker must make a determination (a commissioner selection criteria and process determination) about—
(a)the criteria that apply to the selection of a person for appointment as commissioner; and
(b)the process for selecting the person.
(2)In making a commissioner selection criteria and process determination, the Speaker must—
(a)consult—
(i)the Chief Minister; and
(ii)the Leader of the Opposition; and
(iii)the leader (however described) of a registered party (other than the party to which the Chief Minister or Leader of the Opposition belongs) if at least 2 members of the Legislative Assembly are members of the party; and
(iv)the relevant Assembly committee; and
(b)ensure the selection process is open, accountable and competitive; and
(c)have regard to any selection criteria determined under the Supreme Court Act 1933, section 4AA (Requirements of appointment—resident judges).
(3)A commissioner selection criteria and process determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Commissioner—term of appointment
(1)The commissioner must not be appointed for longer than 7 years.
(2)However, the appointment term must not end within 12 months before or after the end of the CEO’s appointment.
(3)A person who has been the commissioner for 7 years is not eligible for reappointment.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Commissioner—oath or affirmation of office
Before a person is appointed as commissioner, the person must take an oath of office, or make an affirmation of office, before the Speaker.
NoteFor the form of the oath and affirmation of office, see the Oaths and Affirmations Act 1984, s 6 and sch 1.
Commissioner—disclosure of interests
The commissioner must give a written statement of their financial and other personal interests to the Speaker, and the inspector, within 5 business days after—
(a)the day the commissioner is appointed; and
(b)the first day of each financial year; and
(c)the day there is a change in the interest.
Commissioner—must avoid conflict of interest
(1)The commissioner must not—
(a)have paid employment that is inconsistent with the commissioner’s functions; or
(b)engage in any unpaid activity that is inconsistent with the commissioner’s functions.
(2)If the commissioner has a financial or other personal interest that conflicts or may conflict, or may be perceived to conflict with the commissioner’s functions (a conflict of interest), the commissioner must disclose, in writing, the nature of the interest and the conflict or potential conflict to—
(a)the Speaker; and
(b)the inspector.
NoteThe commissioner must disclose a conflict of interest as soon as possible and as often as needed (see Legislation Act, s 151B).
(3)The commissioner must not take any part in considering a matter in relation to which the conflict of interest has arisen except—
(a)with the written approval of the Speaker; and
(b)in accordance with any conditions included in the Speaker’s approval.
(4)This section does not apply in relation to a conflict of interest while the commissioner remains unaware of the conflict of interest, but in any proceeding against the commissioner, the commissioner has the burden of proving that the commissioner was not, at the material time, aware of the conflict of interest.
Commissioner—conflicts of interest register
(1)The commission must keep a conflicts of interest register.
(2)The conflicts of interest register must contain the following:
(a)a copy of each disclosure made under section 31 (2);
(b)if the commissioner takes part in considering a matter with the Speaker’s approval under section 31 (3)—
(i)a copy of the Speaker’s approval; and
(ii)details of how the commissioner complied with the conditions on the speaker’s approval (if any);
(c)if a proceeding is taken against the commissioner that relates to a conflict of interest—
(i)details of the nature of the conflict of interest; and
(ii)if the commissioner claimed to be unaware of the conflict of interest—details of how the commissioner proved, or attempted to prove, that the commissioner was not, at the material time, aware of the conflict of interest.
(3)The commissioner must make the conflicts of interest register available for inspection by the inspector at any time.
Commissioner—resignation
The commissioner may resign by giving a signed notice of resignation to the Speaker.
Commissioner—retirement
(1)The Speaker may retire the commissioner on the ground of physical or mental incapacity if—
(a)the incapacity substantially affects the exercise of the commissioner’s functions; and
(b)the commissioner consents to the retirement.
(2)However, the commissioner must not be retired on the ground of invalidity unless—
(a)if the commissioner is an eligible employee for the Superannuation Act 1976 (Cwlth)—
(i)the commissioner is under the commissioner’s maximum retiring age within the meaning of that Act; and
(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under that Act, section 54C for the commissioner; or
(b)if the commissioner is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—
(i)the commissioner is under 60 years old; and
(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 13 for the commissioner; or
(c)if the commissioner is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—
(i)the commissioner is under 60 years old; and
(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 43 for the commissioner.
(3)In this section:
invalidity means—
(a)for an eligible employee for the Superannuation Act 1976 (Cwlth)—invalidity under that Act; or
(b)for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under that Act; or
(c)for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—invalidity under that Act.
physical or mental incapacity includes invalidity.
Commissioner—suspension—generally
(1)The Speaker may suspend the commissioner—
(a)for misbehaviour; or
(b)for failure to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the commissioner’s functions; or
(c)for physical or mental incapacity, if the incapacity substantially affects the exercise of the commissioner’s functions; or
(d)if the commissioner becomes bankrupt or personally insolvent.
NotePower given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).
(2)If the Speaker is considering suspending the commissioner, the Speaker—
(a)must consult the following people about the proposed suspension:
(i)the Chief Minister;
(ii)the Leader of the Opposition;
(iii)the leader (however described) of a registered party (other than the party to which the Chief Minister or Leader of the Opposition belongs) if at least 2 members of the Legislative Assembly are members of the party;
(iv)the relevant Assembly committee; and
(b)may ask 1 or more of the following for advice about the proposed suspension:
(i)the public sector standards commissioner;
(ii)anyone else the Speaker considers appropriate.
(3)If the Speaker suspends the commissioner, the Speaker must give the commissioner written notice of the suspension and a copy of a statement of the reasons for the suspension.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
(4)The suspension takes effect when the notice and statement are given to the commissioner under subsection (3).
(5)The commissioner may be suspended only under this section.
(6)The commissioner is entitled to be paid salary and allowances while suspended.
Commissioner—suspension—relevant Assembly committee notice and meetings
(1)If the Speaker suspends the commissioner, the Speaker must give written notice of the suspension and a copy of the statement of the reasons for the suspension to each member of the relevant Assembly committee not later than the next business day, or if the committee has not been established, the next business day after the day the committee is established.
(2)The relevant Assembly committee must meet in relation to the commissioner’s suspension—
(a)not later than 3 business days after the day the committee is given written notice of the suspension (the notice day); and
(b)at subsequent intervals of not longer than 30 days while the commissioner is suspended (a regular meeting).
(3)The relevant Assembly committee must give the commissioner written notice that a regular meeting will be held at least 3 business days before the day the meeting is to be held.
(4)The commissioner may make an oral or written submission (or both) to the committee about the commissioner’s suspension.
(5)At each regular meeting, the relevant Assembly committee must review the commissioner’s suspension and may, at any time, pass a resolution about the suspension, including a resolution—
(a)recommending to the Speaker that the Speaker end the suspension; or
(b)to make a statement to the Legislative Assembly recommending that the Speaker end the commissioner’s appointment.
Commissioner—ending suspension
(1)If the Speaker does not comply with section 36 (1), the suspension ends at the end of the notice day.
(2)If the relevant Assembly committee fails to hold a meeting as required under section 36 (2), the suspension ends on the day after the last day when the meeting could have been held.
(3)If the relevant Assembly committee makes a recommendation mentioned in section 36 (5) (a) and the Speaker does not end the suspension within 1 business day after the day the recommendation is made—
(a)the committee may, at any time, resolve to make a statement to the Legislative Assembly recommending that the suspension be ended; and
(b)if the committee makes a statement mentioned in paragraph (a) and—
(i)the Legislative Assembly resolves to end the suspension—the suspension ends on the passing of the resolution; or
(ii)the Legislative Assembly does not deal with the statement within 3 sitting days—the suspension ends at the end of the 3rd sitting day.
(4)If the relevant Assembly committee makes a statement mentioned in section 36 (5) (b)—
(a)the Legislative Assembly may resolve to require the Speaker to end the commissioner’s appointment; but
(b)if the Legislative Assembly does not, within 3 sitting days, pass a resolution mentioned in paragraph (a)—the suspension ends at the end of the 3rd sitting day.
(5)If the Speaker ends the commissioner’s suspension, the Speaker must give written notice of the ending of the suspension and a copy of a statement of the reasons for ending the suspension to the commissioner and the relevant Assembly committee.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
(6)In this section:
notice day—see section 36 (2) (a).
Commissioner—ending appointment
(1)The Speaker must end the commissioner’s appointment if the Legislative Assembly—
(a)passes a resolution under section 37 (4) (a); or
(b)otherwise resolves to require the Speaker to end the commissioner’s appointment—
(i)for misbehaviour; or
(ii)for failure to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the commissioner’s functions; or
(iii)for physical or mental incapacity, if the incapacity substantially affects the exercise of the commissioner’s functions; or
(iv)if the commissioner becomes bankrupt or personally insolvent.
(2)For a resolution mentioned in subsection (1) (b)—
(a)at least 7 days before the day the motion to which the resolution relates is first debated in the Legislative Assembly—
(i)the Assembly must be given the notice of the motion and a statement of reasons for the motion; and
(ii)the Speaker must—
(A)give the commissioner a copy of the notice and the statement of reasons; and
(B)tell the commissioner that a written submission about the motion may be made to the Speaker not later than 3 days after the day the commissioner is given the notice; and
(b)the Speaker must give any written submission to the Legislative Assembly before the day the motion is first debated in the Legislative Assembly.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
(3)The Speaker may end the commissioner’s appointment if the commissioner is absent from duty, except on leave granted by the Speaker, for 14 consecutive days or for 28 days in any 12 months.
(4)The commissioner’s appointment may be ended by the Speaker only under this section or section 34 (Commissioner—retirement).
Commissioner—leave of absence
The Speaker may approve leave of absence for the commissioner on the terms the Speaker decides.
Commissioner—acting appointment
NoteThe Speaker has power to appoint an acting commissioner if the position is vacant or if the commissioner cannot for any reason exercise a function (see Legislation Act, s 209 (1)).
(1)The Speaker must not appoint a person to act as commissioner unless either—
(a)the Legislative Assembly has approved the appointment, by resolution passed by a majority of at least 2/3 of the members; or
(b)the appointment has been approved by—
(i)the Chief Minister; and
(ii)the Leader of the Opposition; and
(iii)the leader (however described) of a registered party (other than the party to which the Chief Minister or Leader of the Opposition belongs) if at least 2 members of the Legislative Assembly are members of the party.
(2)An acting appointment must be made in consultation with the relevant Assembly committee.
(3)An acting appointment must not be for a term longer than 2 years.
(4)A person who has been acting commissioner for a cumulative period of 7 years is not eligible for reappointment.
(5)To remove any doubt, multiple acting commissioners may be appointed concurrently.
Example—concurrent appointments
If the commissioner has a conflict of interest in relation to an investigation, the Speaker may appoint an acting commissioner to perform functions of the commissioner in relation to the investigation while the commissioner continues to perform their other functions.
(6)To remove any doubt—
(a)subsections (1) to (4) displace the Legislation Act, section 209 (2) and (3) (Power of appointment includes power to make acting appointment); and
(b)subsections (3) and (4) displace the Legislation Act, section 221 (1) and (2) (How long does an acting appointment operate?); and
(c)the remaining provisions of the Legislation Act, part 19.3 (Appointments) apply in relation to an acting appointment.
(7)The Speaker must give the inspector written notice—
(a)of an acting appointment; and
(b)if the acting appointment takes effect only in particular circumstances—on each occasion when the acting appointment takes effect.
Part 2.3Commission—CEO
CEO—appointment
(1)The commissioner must appoint a person as the Chief Executive Officer of the commission (the CEO).
(2)However, the commissioner must not appoint a person as the CEO if the person—
(a)is or has been—
(i)the commissioner; or
(ii)the inspector of the commission; or
(b)is or has been a member of—
(i)the Legislative Assembly; or
(ii)the Parliament of the Commonwealth; or
(iii)the legislature of a State or another territory; or
(c)has been convicted—
(i)in the ACT, of an offence punishable by imprisonment for at least 1 year; or
(ii)outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.
NoteThe commissioner may appoint a person as a member of staff of the commission only if the person is suitable to be a member of staff of the commission (see s 50).
(3)The appointment must be made in accordance with an open, accountable and competitive selection process.
(4)The CEO is appointed on the terms (if any) in relation to matters not provided for by this part or a determination under the Remuneration Tribunal Act 1995 that are prescribed by the management standards under the Public Sector Management Act 1994.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. The power to appoint a person to a position includes power to appoint a person to act in the position, and is exercisable in the same way, and subject to the same conditions, as the power to make the appointment (see Legislation Act, s 209).
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3The appointer’s power to make the appointment includes the power to suspend the appointee. The power to suspend the appointee is exercisable in the same way, and subject to the same conditions, as the power to make the appointment (see Legislation Act, s 208).
CEO—term of appointment
(1)The CEO must not be appointed for longer than 7 years.
(2)However, the appointment term must not end within 12 months before or after the end of the commissioner’s appointment.
(3)A person who has been CEO for 7 years is not eligible for reappointment.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
CEO—ending appointment
The commissioner must end the CEO’s appointment—
(a)for misbehaviour; or
(b)for physical or mental incapacity, if the incapacity substantially affects the exercise of the CEO’s functions; or
(c)if the CEO becomes bankrupt or personally insolvent; or
(d)if the CEO is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
(e)if the CEO is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.
CEO—functions
(1)The CEO has the following functions:
(a)managing the day-to-day operations of the commission;
(b)advising the commission about the commission’s operations and financial performance.
(2)The CEO is not subject to direction from anyone other than the commissioner in relation to the exercise of the CEO’s functions.
CEO—delegation
(1)The CEO may delegate the CEO’s functions under this Act or another territory law to—
(a)another member of staff of the commission; or
(b)another person.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)However, the CEO must not delegate a function to a person who is not a member of staff of the commission without first being satisfied that the function needs to be exercised by a person who is not a member of staff of the commission.
CEO—leave of absence
The commissioner may approve leave of absence for the CEO on the terms the commissioner decides.
Part 2.4Commission—staff
Meaning of staff of the commission
In this Act:
staff of the commission means—
(a)the CEO; and
(b)staff employed under section 48; and
(c)consultants and contractors engaged under section 49.
Commission employed staff
(1)The commission may employ staff on behalf of the Territory.
(2)The staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the commissioner in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
Commission consultants and contractors
(1)The commission may, on behalf of the Territory, engage consultants and contractors to assist the commission in exercising its functions.
(2)Consultants and contractors may be engaged on terms and conditions decided by the commission.
(3)However, the commission must not enter into a contract of employment under this section.
Staff of the commission—eligibility for appointment
(1)The commissioner may appoint a person as a member of staff of the commission only if satisfied the person is suitable to be a member of staff of the commission.
NoteStaff of the commission—see s 47.
(2)However, the commissioner must not appoint a person as a member of staff of the commission if the person is or has, in the 2 years immediately before the day of the proposed appointment, been—
(a)a member of the Legislative Assembly; or
(b)a member of staff of an MLA.
NoteMember of staff of an MLA—see s (4) and dictionary.
(3)In deciding whether a person is suitable to be a member of staff of the commission, the commission may ask the person to do 1 or more of the following:
(a)provide a police certificate for the person, dated not earlier than 6 months before the date of the request;
(b)declare financial or other personal interests the commission considers relevant;
NotePersonal interest guidelines—see s 50B (1).
(c)undergo a medical or psychological assessment;
(d)make a statement about a matter determined by the commission to be relevant to the person’s suitability;
(e)anything else the commissioner considers is necessary to decide whether a person is suitable to be a member of staff of the commission.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(4)In this section:
member of staff of an MLA does not include a temporary member of staff of an MLA.
NoteMember of staff of an MLA—see the dictionary.
temporary member of staff of an MLA means a public servant employed by an MLA for not longer than 3 months in the 12 months immediately before the day of the proposed appointment.
50AStaff of the commission—conflicts of interest register
(1)If a member of staff of the commission has a financial or other personal interest that conflicts, may conflict, or may be perceived to conflict with the member’s functions, the member must disclose to the commissioner, in writing, the nature of the interest and the conflict or potential conflict.
NoteThe member of staff must disclose a conflict of interest as soon as possible and as often as needed (see Legislation Act, s 151B).
(2)The commissioner must keep a register of disclosures made under subsection (1) (the conflicts of interest register).
(3)The commissioner must make the conflicts of interest register available for inspection by the inspector at any time.
50BStaff of the commission—personal interest guidelines
(1)The commission must make guidelines (the personal interest guidelines) about the financial and other personal interests the commission considers relevant for staff of the commission to declare under—
(a)section 50 (3) (b); and
(b)section 50A.
(2)A guideline is a notifiable instrument.
(3)The commission must publish the personal interest guidelines on the commission’s website.
Staff of the commission—not subject to direction from others
The staff of the commission are not subject to direction from anyone other than the following people in relation to the exercise of the commission’s or commissioner’s functions:
(a)the commissioner;
(b)another member of staff of the commission authorised by the commissioner to give directions.
Delegation by commission
(1)The commission may delegate the commission’s functions under this Act or another territory law to—
(a)the commissioner; or
(b)a member of staff of the commission; or
(c)another person.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)However, the commission must not delegate a function to a person who is not the commissioner or a member of staff of the commission without first being satisfied that the function needs to be exercised by a person who is not the commissioner or a member of staff of the commission.
Delegation by commissioner
(1)The commissioner may delegate the commissioner’s functions under this Act or another territory law to—
(a)a member of staff of the commission; or
(b)another person.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)However, the commissioner must not delegate the commissioner’s function under section 141 (Commissioner to preside) of presiding at a public examination.
(3)Also, the commissioner must not delegate a function to a person who is not a member of staff of the commission without first being satisfied that the function needs to be exercised by a person who is not a member of staff of the commission.
Commission—other arrangements for staff and facilities
(1)The commissioner may arrange with the head of service to use—
(a)the services of a public servant; or
(b)Territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
(2)The commissioner may arrange with the Speaker to use Territory facilities within the Assembly precincts.
Part 2.5Commission—cooperation with other entities
Commission—cooperation with other entities
(1)The commission and public sector entities are to work cooperatively.
(2)In exercising its functions, the commission must—
(a)liaise with public sector entities, and coordinate its activities with the activities of public sector entities, to avoid unnecessary duplication of work; and
(b)have regard to the activities, findings and recommendations of entities outside the Territory, including outside Australia, that have functions similar to the commission—
(i)to relate and adapt the activities, findings and recommendations of the entities to the needs of the Territory; and
(ii)to avoid unnecessary duplication of work.
Note 1The commission may enter into a memorandum of understanding or agreement with another entity (see s 56).
Note 2The commission may conduct an investigation as a joint investigation with an integrity body or law enforcement agency (see s 104).
Note 3The commission may disclose information to certain entities if it is relevant to the exercise of the entity’s functions and the commission considers it appropriate (see s 196).
Commission—arrangements with other entities
(1)The commission may, at any time, enter into a memorandum of understanding or agreement with another entity to assist in—
(a)avoiding delay and unnecessary duplication of statutory functions; or
(b)efficiently managing the interaction of the statutory functions of the parties to the memorandum of understanding or agreement.
(2)In particular, the commission may enter into a memorandum of understanding or agreement with another entity for—
(a)the entity to assist the commission in relation to investigations or the exercise of other functions of the commission; or
(b)the commission to assist the entity by providing services within the commission’s field of expertise and relevant to its functions.
(3)In entering into a memorandum of understanding or agreement to assist an entity, the commission must ensure that the provision of the assistance does not interfere with the ability of the commission to exercise its functions.
(4)The commission may charge an entity for the provision of assistance by the commission.
NoteThe commission may disclose information to certain entities if it is relevant to the exercise of the entity’s functions and the commission considers it appropriate (see s 196).
Chapter 3Commission—investigating corrupt conduct
Part 3.1Commission—reporting corrupt conduct
Division 3.1.1 Corruption complaints
Anyone may make corruption complaint
Any person (a complainant) may make a complaint to the commission about conduct that may be corrupt conduct (a corruption complaint).
How to make a corruption complaint
(1)A corruption complaint may be made to the commission as follows:
(a)orally or in writing;
(b)using any form of electronic communication;
(c)anonymously.
(2)However, if a corruption complaint is made orally, the commission may—
(a)put the complaint in writing; or
(b)require the complainant to put the complaint in writing and, until the complainant complies with the requirement, decline to investigate the corruption complaint.
Note 1A complaint made by a young detainee is protected under the Children and Young People Act 2008, s 201 and s 280.
Note 2A complaint made by a detainee is protected under the Corrections Management Act 2007, s 105.
Note 3A complaint made by a person admitted to or receiving treatment, care or support at a mental health facility or community care facility is protected under the Mental Health Act 2015, s 17.
Note 4A complaint made by a patient in a secure mental health facility is protected under the Mental Health (Secure Facilities) Act 2016, s 23 and s 25.
(3)In this section:
electronic communication means communication by telephone, email, fax or any other electronic means.
Other entities may refer corruption complaints
(1)This section applies if a person makes a complaint to a relevant entity about conduct that may be corrupt conduct.
(2)The relevant entity may—
(a)refer the complaint to the commission; and
(b)if the complaint is referred to the commission—
(i)give the commissioner any information the entity has in relation to the complaint; and
(ii)tell the complainant about the referral.
NoteHowever, the complainant must not be told in some circumstances (see s 75).
(3)If a complaint is referred to the commission under this section, the complaint is taken to have been made to the commission under section 57 (Anyone may make corruption complaint).
(4)In this section:
relevant entity means any of the following:
(a)the Speaker;
(b)the auditor-general;
(c)the ombudsman;
(d)the judicial council;
(e)a judicial commission;
(f)a statutory office-holder;
(g)an entity having functions that correspond to the functions of the commissioner, under a State or Commonwealth law that corresponds to this Act.
Speaker includes, if the Speaker is unavailable, the Deputy Speaker.
unavailable—the Speaker is unavailable if—
(a)the Speaker is absent from duty; or
(b)there is a vacancy in the office of Speaker; or
(c)the Speaker has an actual or perceived conflict of interest that would prevent the Speaker from properly carrying out the functions of Speaker under this Act; or
(d)the Speaker cannot for any reason exercise the functions of the Speaker.
Offences—use or divulge protected information
(1)A person to whom this section applies commits an offence if—
(a)the person uses information; and
(b)the information is protected information about someone else; and
(c)the person is reckless about whether the information is protected information about someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person to whom this section applies commits an offence if—
(a)the person does something that divulges information; and
(b)the information is protected information about someone else; and
(c)the person is reckless about whether—
(i)the information is protected information about someone else; and
(ii)doing the thing would result in the information being divulged to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)Subsections (1) and (2) do not apply—
(a)if the information is used or divulged—
(i)under this Act or another territory law; or
(ii)in relation to the exercise of a function by a person to whom this section applies under this Act or another territory law; or
(iii)in a court proceeding; or
(b)to the using or divulging of protected information about a person with the person’s consent; or
(c)if the person divulges the information to a doctor or psychologist in the course of seeking assistance with their health or wellbeing; or
(d)if the person divulges the information to their insurer in the course of making a claim about a matter related to the protected information under either of the following Acts:
(i)the Workers Compensation Act 1951;
(ii)the Safety, Rehabilitation and Compensation Act 1988 (Cwlth); or
(e)if the person divulges the information because they believe on reasonable grounds that—
(i)there is an emergency; and
(ii)divulging the information is the only reasonable way to deal with the emergency.
Examples—emergency
1a person needs urgent medical attention
2a person threatens to harm themselves or another person
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law in force in the Territory.
(5)In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
divulge includes—
(a)communicate; or
(b)publish.
person to whom this section applies means—
(a)a person who is or has been—
(i)the commissioner; or
(ii)a member of staff of the commission; or
(iii)the inspector; or
(iv)a member of staff of the inspector; or
(b)anyone else who exercises, or has exercised, a function under this Act.
produce includes allow access to.
protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.
use, in relation to information, includes make a record of the information.
Protection of officials from liability
(1)An official is not civilly liable for anything done or omitted to be done honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a function under this Act.
(2)Any civil liability that would, apart from subsection (1), attach to an official attaches instead to the Territory.
(3)In this section:
official means—
(a)the commissioner; or
(b)a member of staff of the commission; or
(c)the inspector; or
(d)a member of staff of the inspector; or
(e)a person authorised under this Act to do or not to do a thing.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Information guidelines
(1)The commission must make guidelines about the handling of information under this Act (the information guidelines).
(2)Before making an information guideline, the commission must consult the information privacy commissioner.
(3)The information guidelines are a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Unavailability of Speaker
(1)This section applies to the following sections:
(a)section 189 (Investigation report—presentation to Legislative Assembly);
(b)section 190 (Investigation report—publication on website);
(c)section 191 (Investigation report—Ministerial response about ACT public service entity);
(d)section 213 (Special report—presentation to Legislative Assembly);
(e)section 214 (Special report—publication on website);
(f)section 215 (Special report—Ministerial response about ACT public service entity);
(g)section 278 (Inspector’s special report—presentation to Legislative Assembly);
(h)section 279 (Inspector’s special report—publication on website).
(2)In a section mentioned in subsection (1):
Speaker includes—
(a)if the Speaker is unavailable—the Deputy Speaker; and
(b)if both the Speaker and the Deputy Speaker are unavailable—the clerk of the Legislative Assembly.
unavailable—
(a)the Speaker is unavailable if—
(i)the Speaker is absent from duty; or
(ii)there is a vacancy in the office of Speaker; or
(iii)the Speaker has an actual or perceived conflict of interest that would prevent the Speaker from properly carrying out the functions of Speaker under this Act; or
(iv)the Speaker cannot for any reason exercise the functions of the Speaker; and
(b)the Deputy Speaker is unavailable if—
(i)the Deputy Speaker is absent from duty; or
(ii)there is a vacancy in the office of Deputy Speaker; or
(iii)the Deputy Speaker has an actual or perceived conflict of interest that would prevent the Deputy Speaker from properly carrying out the functions of Speaker under this Act; or
(iv)the Deputy Speaker cannot for any reason exercise the functions of the Speaker.
Assistance for Speaker
In exercising a function under this Act, the Speaker may seek administrative support or advice from—
(a)the Office of the Legislative Assembly; or
(b)another entity that is able to provide impartial administrative support or advice.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(2)The Executive must consult the commission and the relevant Assembly committee before making a regulation under this Act.
(3)Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation under this Act commences—
(a)if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the motion is negatived; or
(b)on the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or
(c)if the regulation provides for a later date or time of commencement—on that date or at that time.
Review of Act
(1)The Minister must, in consultation with the Speaker, review the operation of this Act as soon as practicable—
(a)3 years after the commencement of this section; and
(b)every 5 years after the first review of this Act.
(2)The Minister must present a report of the review to the Legislative Assembly at a time decided in consultation with the Speaker.
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· ACT
· administrative unit
· auditor-general
· bankrupt or personally insolvent
· Chief Justice
· Chief Magistrate
· Chief Minister
· chief police officer
· Commonwealth
· Corporations Act
· Deputy Speaker
· director-general (see s 163)
· director of public prosecutions
· doctor
· document
· domestic partner (see s 169 (1))
· electoral commissioner
· entity
· Executive
· financial year
· head of service
· human rights commissioner
· information privacy commissioner
· judge
· lawyer
· Legislative Assembly
· magistrate
· Magistrates Court
· may (see s 146)
· Minister (see s 162)
· must (see s 146)
· Office of the Legislative Assembly
· officer of the Assembly
· ombudsman
· penalty unit (see s 133)
· person (see s 160)
· property
· public sector standards commissioner
· public servant
· public service
· registrar
· Self-Government Act
· self-government day
· Speaker
· State
· statutory office-holder
· Supreme Court
· territory authority
· territory instrumentality
· territory law
· territory-owned corporation
· the Territory.
ACT public service entity—see section 16.
annual operational review—see section 280.
annual operational review report—see section 281.
Assembly information—see section 85A.
Assembly precincts—see the Legislative Assembly Precincts Act 2001, dictionary.
Australian Federal Police means the Australian Federal Police constituted under the Australian Federal Police Act 1979 (Cwlth), section 6.
CEO—see section 41.
commission means the ACT Integrity Commission established under section 19.
commission annual report—see section 217.
commission personnel, for part 5.2 (Inspector—investigating complaints about the commission)—see section 256.
commissioner means the ACT Integrity Commissioner appointed under section 25.
commissioner selection criteria and process determination—see section 27.
complainant—
(a)for a corruption complaint—see section 57.
(b)for chapter 7 (Protections for people involved in investigations)—see section 287.
complaint, for chapter 7 (Protections for people involved in investigations)—see section 287.
confidentiality notice—see section 77.
connected, for part 3.5 (Commission—powers of entry, search and seizure)—see section 116.
contempt certificate—see section 167.
corrupt conduct—
(a)see section 9; and
(b)for part 3.5 (Commission—powers of entry, search and seizure)—see section 116.
corruption complaint—see section 57.
corruption report—see section 69.
detrimental action, for part 7.3 (Detrimental action against a person)—see section 292.
entity of a public nature—see section 18.
examination summons—see section 147.
head, of a public sector entity—see section 15.
inspector means the inspector of the commission under this Act.
inspector selection criteria and process determination—see section 232.
inspector’s annual report—see section 282.
inspector’s special report—see section 275.
integrity body means the following:
(a)the inspector;
(b)the judicial council;
(c)a judicial commission;
(d)the auditor-general;
(e)the ombudsman;
(f)the information privacy commissioner;
(g)the National Anti-Corruption Commission;
(h)an entity, established under a law of the Commonwealth or a State, with functions substantially corresponding to the functions of the commission or the inspector;
NoteState includes the Northern Territory (see Legislation Act, dict, def State).
(i)an auditor-general of the Commonwealth or a State, established under an Act substantially corresponding to the Auditor-General Act 1996;
(j)an ombudsman of the Commonwealth or a State, established under an Act substantially corresponding to the Ombudsman Act 1989;
(k)another entity with an integrity function, prescribed by regulation.
investigation report—see section 182.
investigator means a person mentioned in section 113.
joint investigation—see section 104.
judicial commission means a judicial commission under the Judicial Commissions Act 1994.
judicial council means the judicial council under the Judicial Commissions Act 1994.
judicial officer—see section 13.
law enforcement agency means the following:
(a)the Australian Federal Police;
(b)the police force or police service (however described) of a State;
(c)another entity that has a law enforcement function, prescribed by regulation.
legal advice direction—see section 193.
Legislative Assembly commissioner for standards means the Commissioner for Standards appointed by the Speaker pursuant to a resolution of the Legislative Assembly.
Legislative Assembly entity—see section 17.
mandatory corruption notification—see section 61.
member of staff of an MLA means a person employed under the Legislative Assembly (Members’ Staff) Act 1989.
mental impairment—see the Criminal Code, section 27.
National Anti-Corruption Commission (or NACC)—see the National Anti-Corruption Commission Act 2022 (Cwlth), section 20.
non-disclosure notice—
(a)given by the commission—see section 198; or
(b)given by the inspector—see section 260.
occupier, for part 3.5 (Commission—powers of entry, search and seizure)—see section 116.
permitted disclosure—
(a)of restricted information, for part 3.2 (Commission—confidentiality notices)—see section 81; or
(b)of information, for part 3.10 (Commission—secrecy and information sharing)—see section 199; or
(c)of information, for part 5.2 (Inspector—investigating complaints about the commission)—see section 261.
place of seizure—see section 121.
police certificate, for a person, means a written statement by the Australian Federal Police or the Australian Criminal Intelligence Commission indicating—
(a)whether, according to the records held by the Australian Federal Police or the Australian Criminal Intelligence Commission, the person has been charged with, or convicted of, an offence against a law of—
(i)the Territory; or
(ii)the Commonwealth; or
(iii)a State; or
(iv)another country; and
(b)if so—particulars of each offence.
NoteA conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).
political party—see the Electoral Act 1992, dictionary.
preliminary inquiry notice—see section 90.
premises, for part 3.5 (Commission—powers of entry, search and seizure)—see section 116.
privilege—see section 174.
prohibited disclosure—
(a)of restricted information in a confidentiality notice—see section 80; or
(b)of information in a non-disclosure notice given by—
(i)the commission—see section 198; or
(ii)the inspector—see section 260.
prosecutorial body means any of the following:
(a)the director of public prosecutions;
(b)the Director of Public Prosecutions of the Commonwealth appointed under the Director of Public Prosecutions Act 1983 (Cwlth), section 18;
(c)the Director of Public Prosecutions of a State;
(d)another person or body with a prosecutorial function, prescribed by regulation.
psychologist means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the psychology profession (other than as a student).
public official—see section 12.
public sector entity—see section 14.
referral entity—see section 106.
registered party—see the Electoral Act 1992, dictionary.
relevant Assembly committee means the standing committee of the Legislative Assembly whose functions include the examination of matters related to corruption and integrity in public administration.
restricted information—see section 76.
SES member—see the Public Sector Management Act 1994, dictionary.
serious corrupt conduct—see section 10.
special report—see section 206.
staff of the commission—see section 47.
staff of the inspector—see section 248.
systemic corrupt conduct—see section 11.
takes, for part 7.3 (Detrimental action against a person)—see section 293.
termination action, against a person, means action—
(a)terminating the person’s employment; or
(b)ending the person’s appointment; or
(c)terminating the person’s contract for services.
warrant, for part 3.5 (Commission—powers of entry, search and seizure)—see section 116.
wellbeing policy—see section 295A (1).
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Integrity Commission Act 2018 A2018-52
notified LR 11 December 2018
s 1, s 2 commenced 11 December 2018 (LA s 75 (1))
ch 1, ch 2, ch 5, ch 9, sch 1 pt 1.1, sch 1 pt 1.10, sch 1 pt 1.12, sch 1 pt 1.13, sch 1 pt 1.15, sch 1 pt 1.20, dict commenced 1 July 2019 (s 2 (1) as am by A2019-18 s 4)remainder commenced 1 December 2019 (s 2 (2) (a) as am by
s 4)
A2019-18as amended by
Integrity Commission Amendment Act 2019 A2019-18
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
s 3, s 4 commenced 15 June 2019 (s 2 (1))
s 5, s 6 commenced 1 July 2019 (s 2 (2) and see Integrity Commission Act 2018 A2018-52 s 2 (1) (as am by this Act s 4))
s 7 commenced 1 December 2019 (s 2 (3) and see Integrity Commission Act 2018 A2018-52 s 2 (2) (a) (as am by this Act s 4))Public Interest Disclosure Amendment Act 2020 A2020-46 sch 1 pt 1.2
notified LR 4 September 2020
s 1, s 2 commenced 4 September 2020 (LA s 75 (1))
sch 1 pt 1.2 commenced 4 March 2021 (s 2 and LA s 79)Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.27
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.27 commenced 23 June 2021 (s 2 (1))Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.13
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.13 commenced 6 April 2022 (s 2)Integrity Commission Amendment Act 2022 A2022-17
notified LR 28 October 2022
s 1, s 2 commenced 28 October 2022 (LA s 75 (1))
remainder commenced 29 October 2022 (s 2)Courts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.7
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.7 commenced 30 September 2023 (s 2)Crimes Legislation Amendment Act 2024 (No 2)
A2024-16
sch 1 pt 1.2
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
sch 1 pt 1.2 commenced 26 April 2024 (s 2)Integrity Legislation Amendment Act 2024 A2024-47 pt 3, sch 1
notified LR 19 September 2024
s 1, s 2 commenced 19 September 2024 (LA s 75 (1))
s 42, s 87, s 94, s 98 commenced 19 March 2025 (s 2 (2))
pt 3 remainder, sch 1 commenced 26 September 2024 (s 2 (1))
Amendment history
Commencement
s 2sub A2019-18 s 4
om LA s 89 (4)
Meaning of judicial officer
s 13am A2023-37 amdt 1.11
Functions of commissioner
s 24am A2020-46 amdt 1.2
Commissioner—eligibility for appointment
s 26am A2024-47 s 7, s 8; ss renum R9 LA
Commissioner—disclosure of interests
s 30am A2024-47 s 9
Commissioner—acting appointment
s 40sub A2020-46 amdt 1.3; A2024-47 s 10
CEO—appointment
s 41am A2024-47 s 11; pars renum R9 LA
Staff of the commission—eligibility for appointment
s 50am A2019-18 s 5, s 6; A2024-47 ss 12-14
Staff of the commission—conflicts of interest register
s 50Ains A2024-47 s 15
Staff of the commission—personal interest guidelines
s 50Bins A2024-47 s 15
Certain disclosures under Public Interest Disclosure Act 2012 may be corruption complaints
s 59Ains A2020-46 amdt 1.4
Mandatory corruption notifications—heads of public sector entities and senior executives
s 62am A2024-47 s 16
Mandatory corruption notifications—MLAs and chiefs of staff
s 63am A2024-47 s 17
When corruption reports must be dismissed
s 71am A2024‑16 amdt 1.2
Commission must keep complainant informed
s 72am A2024-47 s 18
Commission must keep notifier informed
s 74am A2024-47 s 19
Confidentiality notices for preliminary inquiries
s 78am A2024-47 s 20
Confidentiality notices for investigations
s 79am A2024-47 s 21
Confidentiality notices—content
s 80am A2022-17 s 4; A2024-47 amdt 1.1
Meaning of permitted disclosure of restricted information—pt 3.2
s 81am A2022-17 s 5; pars renum R6 LA; A2024-47 ss 22-24; pars renum R9 LA
Meaning of Assembly information
s 85Ains A2022-17 s 6
Power to request information from head of public sector entity
s 89am A2022-17 ss 7-9; ss renum R6 LA; A2024-47 s 25
Dealing with request for Assembly information
s 89Ains A2022-17 s 10
Power to issue preliminary inquiry notice
s 90am A2022-17 s 11; A2024-47 ss 26-28; ss renum R9 LA
Dealing with preliminary inquiry notice for Assembly information
s 90Ains A2022-17 s 12
Preliminary inquiry notice—delivery of document or thing
s 90Bins A2024-47 s 29
Preliminary inquiry notice—content
s 91am A2022-17 s 13; pars renum R6 LA; A2024-47 s 30, s 31; pars renum R9 LA
Preliminary inquiry notice—person under 16 years
s 92am A2024-47 amdt 1.2
Preliminary inquiry notice—service
s 93am A2024-47 s 32
Preliminary inquiry notice—first actions to be taken
s 94am A2024-47 amdt 1.3, amdt 1.4
Preliminary inquiry notice—extension
s 94Ains A2024-47 s 33
Investigation of judicial officers
s 102am A2023-37 amdt 1.12
Discontinuing an investigation
s 112am A2024‑16 amdt 1.3
General powers on entry to premises
s 120am A2022-17 s 14
Warrants—generally
s 122am A2022-17 s 15
Search warrants—claiming privilege
s 127am A2022-17 s 16
Search warrants—claiming parliamentary privilege
s 130Ains A2022-17 s 17
Search warrants—investigator to give secured documents etc to clerk
s 130Bins A2022-17 s 17
Examinations may be public or private
s 143am A2024-47 s 34
Commission must notify inspector of public examination
s 144sub A2024-47 s 35
Power to issue examination summons
s 147am A2022-17 s 18; A2024-47 ss 36-40; ss, pars renum R9 LA
Dealing with examination summons for Assembly information
s 147Ains A2022-17 s 19
Examination summons—delivery of document or thing
s 147Bins A2024-47 s 41
Examination summons—content
s 148am A2022-17 s 20; pars renum R6 LA; A2024-47 s 43, s 44; pars renum R9 LA; A2024-47 s 42; pars renum R10 LA
Examination summons—person under 16 years
s 149am A2024-47 amdt 1.5
Examination summons—notice and immediate attendance
s 150am A2024-47 s 45
Examination—provisions for vulnerable witnesses
s 153am A2024-47 amdt 1.6, amdt 1.7
Examination—first actions to be taken
s 156am A2024-47 amdt 1.8, amdt 1.9
Examination summons—extension
s 156Ains A2024-47 s 46
Examination—dealing with Assembly information discovered
s 158Ains A2022-17 s 21
Investigation report—comments on proposed reports
s 188am A2024-47 s 47
Investigation report—considering comments on proposed reports
s 188Ains A2024-47 s 48
Public sector entity may disclose information to commission
s 195am A2022-17 s 22; A2024-47 s 49
Information about investigation may be given to certain people
s 197am A2024-47 amdt 1.10
Commission must give non-disclosure notice when giving information
s 198am A2024-47 ss 50-53; ss renum R9 LA
Meaning of permitted disclosure of information—pt 3.10
s 199am A2024-47 ss 54-56; pars renum R9 LA
Offences—disclose information received from the commission
s 201am A2024-47 s 57
Commissioner—monthly reports to inspector
s 205am A2024-47 ss 58-61; pars renum R9 LA
Special report—not to include information that may prejudice proceeding etc
s 209am A2024-47 s 62
Special report—comments on proposed reports
s 212am A2024-47 s 63, amdt 1.11, amdt 1.12
Special report—considering comments on proposed reports
s 212Ains A2024-47 s 64
Commission annual report—content
s 218am A2020-46 amdt 1.5; pars renum R3 LA; A2024-47 s 65, s 66; pars renum R9 LA
Commission annual report—not to include information that may prejudice proceeding etc
s 221am A2024-47 s 67
Commission annual report—comments on proposed reports
s 224am A2024-47 s 68
Commission annual report—considering comments on proposed reports
s 224Ains A2024-47 s 69
Inspector—disclosure of interests
s 236am A2024-47 s 70
Inspector—acting appointment
s 246sub A2020-46 amdt 1.6; A2024-47 s 71
Staff of the inspector—eligibility for appointment
s 251am A2024-47 ss 72-74
Staff of the inspector—conflicts of interest register
s 251Ains A2024-47 s 75
Staff of the inspector—personal interest guidelines
s 251Bins A2024-47 s 75
Inspector—must keep complainant informed
s 259am A2024-47 s 76
Inspector—must give non-disclosure notice when giving information
s 260am A2024-47 ss 77-79; ss renum R9 LA
Meaning of permitted disclosure of information—pt 5.2
s 261am A2024-47 ss 80-82; pars renum R9 LA
Offences—disclose information received from the inspector
s 263am A2024-47 s 83
Inspector’s special report—comments on proposed reports
s 277am A2024-47 s 84
Inspector’s special report—considering comments on proposed reports
s 277Ains A2024-47 s 85
Inspector—annual operational review of commission
s 280am A2024-47 s 86, s 87
Inspector’s annual report—content
s 283am A2024-47 ss 88-91; pars renum R9 LA
Inspector’s annual report—comments on proposed reports
s 285am A2024-47 s 92
Inspector’s annual report—considering comments on proposed reports
s 285Ains A2024-47 s 93
Speaker may appoint special investigator to investigate commission or inspector
s 286am A2020-46 amdt 1.7
Protection from defamation action
s 289am A2020-46 amdt 1.8
Wellbeing of people involved in matters before the commission
pt 7.4 hdgins A2020-46 s 94
Commission—wellbeing policy
s 295Ains A2020-46 s 94
Offences—use or divulge protected information
s 297am A2024-47 s 95
Review of Act
s 303am A2019-18 s 7
Consequential amendments
ch 9 hdgom LA s 89 (3)
Legislation amended—sch 1
s 304om LA s 89 (3)
Consequential amendments
sch 1 hdgom LA s 89 (3)
Annual Reports (Government Agencies) Act 2004
sch 1 pt 1.1om LA s 89 (3)
Children and Young People Act 2008
sch 1 pt 1.2om LA s 89 (3)
Co-operatives National Law (ACT) Act 2017
sch 1 pt 1.3om LA s 89 (3)
Corrections Management Act 2007
sch 1 pt 1.4om LA s 89 (3)
Crimes (Assumed Identities) Act 2009
sch 1 pt 1.5om LA s 89 (3)
Crimes (Controlled Operations) Act 2008
sch 1 pt 1.6om LA s 89 (3)
Crimes (Protection of Witness Identity) Act 2011
sch 1 pt 1.7om LA s 89 (3)
Crimes (Surveillance Devices) Act 2010
sch 1 pt 1.8om LA s 89 (3)
Criminal Code 2002
sch 1 pt 1.9om LA s 89 (3)
Freedom of Information Act 2016
sch 1 pt 1.10 om LA s 89 (3)
Gambling and Racing Control Act 1999
sch 1 pt 1.11om LA s 89 (3)
Government Procurement Act 2001
sch 1 pt 1.12om LA s 89 (3)
Information Privacy Act 2014
sch 1 pt 1.13om LA s 89 (3)
Inspector of Correctional Services Act 2017
sch 1 pt 1.14om LA s 89 (3)
Legislation Act 2001
sch 1 pt 1.15om LA s 89 (3)
Mental Health Act 2015
sch 1 pt 1.16om LA s 89 (3)
Mental Health (Secure Facilities) Act 2016
sch 1 pt 1.17 om LA s 89 (3)
Official Visitor Act 2012
sch 1 pt 1.18om LA s 89 (3)
Public Interest Disclosure Act 2012
sch 1 pt 1.19om LA s 89 (3)
Remuneration Tribunal Act 1995
sch 1 pt 1.20 om LA s 89 (3)
Taxation Administration Act 1999
sch 1 pt 1.21om LA s 89 (3)
Terrorism (Extraordinary Temporary Powers) Act 2006
sch 1 pt 1.22om LA s 89 (3)
Victims of Crime Act 1994
sch 1 pt 1.23om LA s 89 (3)
Dictionary
dictam A2024-47 s 96
def Assembly information ins A2022-17 s 23
def Australian Commission for Law Enforcement Integrity (or ACLEI) om A2024‑16 amdt 1.4
def inspector of correctional services om A2021-12 amdt 3.63
def integrity body am A2024‑16 amdt 1.5
def National Anti-Corruption Commission (or NACC) ins A2024‑16 amdt 1.6
def psychologist ins A2024-47 s 97
def relevant Assembly committee am A2022-4 amdt 1.42
def wellbeing policy ins A2024-47 s 98
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 July 20191 July 2019–
30 Nov 2019A2019‑18 new Act and amendments by A2019‑18 R2
1 Dec 20191 Dec 2019–
3 Mar 2021A2019‑18 commenced provisions and amendments by A2019‑18 R3
4 Mar 20214 Mar 2021–
22 June 2021A2020-46 amendments by A2020-46 R4
23 June 202123 June 2021–
5 Apr 2022A2021‑12 amendments by A2021‑12 R5
6 Apr 20226 Apr 2022–
28 Oct 2022A2022‑4 amendments by A2022‑4 R6
29 Oct 202229 Oct 2022–
29 Sept 2023A2022‑17 amendments by A2022‑17 R7
30 Sept 202330 Sept 2023–
25 Apr 2024A2023‑37 amendments by A2023‑37 R8
26 Apr 202426 Apr 2024–
25 Sept 2024A2024‑16 amendments by A2024‑16 R9
26 Sept 202426 Sept 2024–
19 March 2025A2024‑47 amendments by A2024‑47
0
0
0