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FACT SHEET
INTEGRITY COMMISSION AMENDMENT BILL 2011
This Bill corrects anomalies and clarifies the operation of the Integrity
Commission Act 2009.
The major amendments made by the Bill are to:
ensure that the definition of "investigator" (s 4) includes
investigators appointed under any of the sections providing for
their appointment (section 45 (own motion investigations) and for
the purposes of sections 88 (take-over of police integrity
investigations) and 89 (own motion investigations of police
officers));
clarify that the powers of investigators and of the Tribunal in
relation to the investigation of complaints apply also to own
motion investigations and other matters the Tribunal may or must
investigate;
ensure provisions relating to the reporting back by investigators
to the CEO or the CEO to the Board include appropriate
recommendations in relation to own motion investigations;
ensure that persons who are or become the subject of own
motion investigations have the same rights as person subject to
complaint investigations;
align subsections (1) and (2) of section 45 to match the scope of
investigations to the decisions of the Board;
amend section 58 (which covers outcomes of investigations) to
cover the CEO's recommendation under section 35(1)(d) (prior
to investigation);
ensure that the non-disclosure provisions of section 98 which
apply to notices and other matters under various sections are
effective and also apply to persons to whom the information may
have been passed; and
allow anonymous complaints to be accepted for assessment and
possible investigation.