New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 11

11 Duty to notify Commission of possible corrupt conduct

(1) This section applies to the following persons--

(a) the Ombudsman,

(b) the Commissioner of Police,

(c) the principal officer of a public authority,

(d) an officer who constitutes a public authority,

(e) a Minister of the Crown.

(2) A person to whom this section applies is under a duty to report to the Commission any matter that the person suspects on reasonable grounds concerns or may concern corrupt conduct.

(2A) Despite subsection (2), the Commissioner of Police is not under a duty to report to the Commission any matter that concerns or may concern corrupt conduct of a police officer or administrative employee (within the meaning of the Law Enforcement Conduct Commission Act 2016 ) unless the Commissioner of Police suspects on reasonable grounds that the matter also concerns or may concern corrupt conduct of another public official.

(2B) Despite subsection (2), the Commissioner for the New South Wales Crime Commission (
"the Crime Commissioner" ) is not under a duty to report to the Commission any matter that concerns or may concern corrupt conduct of a Crime Commission officer (within the meaning of the Law Enforcement Conduct Commission Act 2016 ) unless the Crime Commissioner suspects on reasonable grounds that the matter also concerns or may concern corrupt conduct of another public official.

(3) The Commission may issue guidelines as to what matters need or need not be reported.

(3A) A Minister of the Crown who is under a duty under this section to report a matter may (despite subsection (2)) report the matter either to the Commission or to the head of any agency responsible to the Minister.

(4) This section has effect despite any duty of secrecy or other restriction on disclosure.

(5) The regulations may prescribe who is the principal officer of a public authority, but in the absence of regulations applying in relation to a particular public authority, the principal officer is the person who is the head of the authority, its most senior officer or the person normally entitled to preside at its meetings.

(6) The regulations may prescribe the principal officer of a separate office within a public authority as the principal officer of the public authority in relation to matters concerning the separate office.