Integrity Commission Amendment Act 2011 (TAS)

Integrity Commission Amendment Act 2011

An Act to amend the Integrity Commission Act 2009 , the Ombudsman Act 1978 and the State Service Act 2000

[Royal Assent 22 December 2011]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Integrity Commission Amendment Act 2011 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. PART 2Integrity Commission Act 2009 Amended3Principal ActIn this Part, the Integrity Commission Act 2009 is referred to as the Principal Act. 4Section 4 amended (Interpretation) Section 4(1) of the Principal Act is amended as follows: (a) by omitting the definition of investigator and substituting the following definition: investigator means – (a) a person appointed under section 44 or 45 ; or (b) if the Integrity Commission is conducting an investigation under section 87 , 88 or 89 , a person appointed by the Integrity Commission; (b) by omitting " section 5 " from the definition of public authority and substituting " section 5(1) "; (c) by inserting "but does not include a person specified in section 5(2) " after "manner" in the definition of public officer . 5Section 5 amended (Public authorities) Section 5(2) of the Principal Act is amended as follows: (a) by omitting from paragraph (f) "a" and substituting "members of a"; (b) by omitting from paragraph (g) "the" and substituting "members of the". 6Section 6 amended (Designated public officers) Section 6 of the Principal Act is amended by omitting subsection (2) . 7Section 33 amended (Complaints) Section 33 of the Principal Act is amended by inserting after subsection (1) the following subsection: (1A)  A complaint under subsection (1) may be made anonymously. 8Section 37 amended (Report of assessor) Section 37(2)(a) of the Principal Act is amended by inserting "or not accepted" after " section 36 ". 9Section 45 amended (Own-motion investigations) Section 45 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "that an investigator be appointed"; (b) by omitting from subsection (2) "officer, who" and substituting "officer of the determination and the chief executive officer"; (c) by omitting from subsection (2)(b) "is suspected" and substituting "has occurred"; (d) by omitting from subsection (2)(c) "investigation." and substituting "investigation; or"; (e) by inserting the following paragraph after paragraph (c) in subsection (2) : (d) into any of the policies, practices or procedures of a public authority or of a public officer, or the failure of those policies, practices or procedures. 10Section 51 amended (Search warrants) Section 51 of the Principal Act is amended by omitting subsection (5) . 11Part 6, Division 2: Heading amended Division 2 of Part 6 of the Principal Act is amended by omitting "Procedure after investigation" from the heading to that Division and substituting "Reports and subsequent action". 12Section 56 amended (Opportunity to provide comment on report) Section 56(1)(b) of the Principal Act is amended by omitting "complaint" and substituting "investigation". 13Section 57 amended (Report by chief executive officer) Section 57 of the Principal Act is amended as follows: (a) by omitting from subsection (2)(b) "the complaint,"; (b) by omitting from subsection (2)(d) "into the complaint"; (c) by inserting in subsection (2)(d) "into the matter" after "Tribunal"; (d) by inserting the following subsection after subsection (2) : (3)  The chief executive officer may in accordance with section 35(1)(d) recommend that the Board recommend to the Premier that a commission of inquiry be established under the Commissions of Inquiry Act 1995 in relation to the matter. 14Section 58 amended (Determination of Board) Section 58 of the Principal Act is amended as follows: (a) by omitting from subsection (1) " section 57 " and substituting " section 57(1) or a recommendation under section 57(3) "; (b) by omitting from subsection (1) "the complaint that was"; (c) by omitting from subsection (1) "investigation" and substituting "report or recommendation"; (d) by omitting from subsection (2)(b) "the complaint and"; (e) by omitting from subsection (2)(b) "relating to the complaint"; (f) by omitting from subsection (2)(d) "of the complaint"; (g) by omitting from subsection (2)(e) "into the complaint"; (h) by omitting from subsection (4) "complaint and report are" and substituting "report is"; (i) by omitting from subsection (4) "complaint" second occurring and substituting "report". 15Section 59 amended (Persons to whom notice of determination is to be given) Section 59(1)(b)(i) of the Principal Act is amended by omitting "to whom the complaint relates" and substituting "who was the subject of the investigation". 16Section 61 amended (Function of Integrity Tribunal) Section 61(1) of the Principal Act is amended as follows: (a) by omitting "a complaint or a matter referred to in section 45(1) " and substituting "a matter in respect of which the Board has determined under section 58 that an inquiry be undertaken"; (b) by omitting "the complaint or" and substituting "that". 17Section 65 amended (Notice of inquiry) Section 65(1) of the Principal Act is amended as follows: (a) by omitting "a complaint" and substituting "the inquiry"; (b) by omitting "complaint" second occurring and substituting "inquiry". 18Section 66 amended (Right of representation) Section 66(1) of the Principal Act is amended as follows: (a) by omitting "a complaint of misconduct" and substituting "an inquiry"; (b) by omitting "an inquiry into that complaint" and substituting "the inquiry". 19Section 70 amended (Response to notice of inquiry) Section 70 of the Principal Act is amended as follows: (a) by omitting "a complaint" and substituting "an inquiry"; (b) by omitting "complaint" second occurring and substituting "notice"; (c) by omitting from paragraph (c) "regarding the complaint" and substituting "in relation to the inquiry"; (d) by omitting from paragraph (d) "complaint" and substituting "inquiry". 20Section 78 amended (Determination of Integrity Tribunal) Section 78(6)(a) of the Principal Act is amended by omitting "complaint" and substituting "inquiry". 21Section 87 amended (Investigation or dealing with misconduct by designated public officers) Section 87(1) of the Principal Act is amended by omitting "this Act" and substituting " Parts 6 and 7 ". 22Section 89 amended (Own-motion investigations) Section 89 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "The Integrity Commission may conduct an investigation on its own motion" and substituting "The Board, on its own motion, may determine that the Integrity Commission should conduct an investigation in accordance with Parts 6 and 7 "; (b) by omitting from subsection (2) "investigation" first occurring and substituting "investigation into"; (c) by omitting from subsection (2)(b) "investigation." and substituting "investigation; or"; (d) by inserting the following paragraph after paragraph (b) in subsection (2) : (c) any of the policies, practices or procedures of Tasmania Police in relation to misconduct. (e) by omitting from subsection (3) "Integrity Commission" and substituting "Board"; (f) by inserting in subsection (3) "its determination to conduct" after "notice of". 23Section 98 amended (Certain notices to be confidential documents) Section 98 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsections: (1)  A person on whom a notice that is a confidential document was served or to whom such a notice was given under this Act must not disclose to another person – (a) the existence of the notice; or (b) the contents of the notice; or (c) any matters relating to or arising from the notice – unless the person on whom the notice was served or to whom the notice was given has a reasonable excuse.

Penalty:  Fine not exceeding 2 000 penalty units.

(1A)  A person to whom the existence of a notice that is a confidential document was disclosed must not disclose to another person – (a) the existence of that notice; or (b) the contents of the notice; or (c) any matters relating to or arising from the notice – unless the person to whom the existence of the notice was disclosed has a reasonable excuse.

Penalty:  Fine not exceeding 2 000 penalty units.

(1B)  For the purposes of subsections (1) and (1A) , matters relating to or arising from a notice include but are not limited to – (a) obligations or duties imposed on any person by the notice; and (b) any evidence or information produced or provided to the Integrity Commission or an Integrity Tribunal; and (c) the contents of any document seized under this Act; and (d) any information that might enable a person who is the subject of an investigation or inquiry to be identified or located; and (e) the fact that any person has been required or directed by an investigator or an Integrity Tribunal to provide information, attend an inquiry, give evidence or produce anything; and (f) any other matters that may be prescribed. (b) by omitting from subsection (2)(b) "first-mentioned person" and substituting "person to whom the disclosure was made"; (c) by inserting the following subsections after subsection (2) : (3)  The Integrity Commission or an Integrity Tribunal may advise a person on whom a notice was served or to whom a notice was given under this Act that the notice is no longer confidential. (4)  If the Integrity Commission or an Integrity Tribunal advises a person referred to in subsection (3) that a notice is no longer confidential, subsections (1) and (1A) do not apply. 24Section 101 repealed Section 101 of the Principal Act is repealed. PART 3Ombudsman Act 1978 Amended25Principal ActIn this Part, the Ombudsman Act 1978 is referred to as the Principal Act. 26Section 26 amended (Secrecy, &c.) Section 26 of the Principal Act is amended by inserting after subsection (3) the following subsection: (3A)  Subsection (1) does not prevent the disclosure of information to the Integrity Commission if the information is relevant to the performance or exercise by the Integrity Commission of its functions or powers. PART 4State Service Act 2000 Amended27Principal ActIn this Part, the State Service Act 2000 is referred to as the Principal Act. 28Section 24 amended (Relationship with Ombudsman and other persons) Section 24 of the Principal Act is amended by inserting after subsection (2) the following subsection: (3)  The Commissioner may disclose information to the Integrity Commission if the information is relevant to the performance or exercise by the Integrity Commission of its functions or powers. PART 5Repeal29Repeal of ActThis Act is repealed on the ninetieth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 22 NOVEMBER 2011

Legislative Council on 29 NOVEMBER 2011]