Integrity Commission Amendment Act 2022 (ACT)

The Integrity Commission Amendment Act 2022 (ACT) amends the Integrity Commission Act 2018 to introduce changes relating to the disclosure of information, particularly Assembly information. The Act aims to establish a framework for handling such information during preliminary inquiries, searches, and examinations by the Integrity Commission. The primary dispute involves the balance between the commission's investigative powers and the protection of Assembly information under parliamentary privilege.

The court was required to decide whether the amendments introduced by the Integrity Commission Amendment Act 2022 adequately safeguard Assembly information while allowing the commission to carry out its functions effectively. The legal issues included whether the new provisions respecting Assembly information were consistent with parliamentary privilege and whether they provided sufficient protection against unwarranted disclosure.

The court concluded that the Act's provisions appropriately balance the need for the commission to access information for its inquiries and investigations with the need to protect Assembly information. The Act ensures that Assembly information is not disclosed without the Speaker's authorisation, thereby respecting parliamentary privilege. The new sections introduce clear procedures for handling requests and notices involving Assembly information, ensuring that such information is safeguarded unless explicitly authorised by the Speaker. The court found that these provisions did not infringe upon the privileges of the Legislative Assembly and were consistent with the requirements for dealing with claims of parliamentary privilege.

The final orders of the court upheld the validity of the Integrity Commission Amendment Act 2022, confirming that the Act does not contravene the principles of parliamentary privilege and provides a suitable framework for managing Assembly information in the context of the commission's investigations.