Tasmanian Consolidated Acts

INTEGRITY COMMISSION ACT 2009

- Act 67 of 2009
- Royal Assent 17 December 2009

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Object and objectives
   4.      Interpretation
   5.      Public authorities
   6.      Designated public officers

   PART 2 - Integrity Commission

           Division 1 - Establishment of Integrity Commission

   7.      Establishment of Integrity Commission
   8.      Functions and powers of Integrity Commission
   9.      Principles of operation of Integrity Commission
   10.     Integrity Commission not subject to direction or control of Minister
   11.     Annual and other reports

           Division 2 - Board of Integrity Commission

   12.     Establishment of Board of Integrity Commission
   13.     Role of Board
   14.     Members of Board
   15.     Chief Commissioner
   15A.    Terms of office and terms and conditions of appointment to office of Chief Commissioner
   15B.    Vacation of office of Chief Commissioner
   15C.    Leave of absence
   15D.    Acting Chief Commissioner
   15E.    Suspension from office of Chief Commissioner
   15F.    Minister to lay before each House of Parliament a statement in relation to suspension of person from office of Chief Commissioner
   15G.    House of Parliament may confirm or revoke suspension for misconduct or misbehaviour
   15H.    Governor may revoke or vary suspension of person from office of Chief Commissioner
   15I.    Request for revocation of appointment
   15J.    House of Parliament may revoke appointment or suspension of person from office of Chief Commissioner
   15K.    Payment of person suspended from office of Chief Commissioner
   16.     Delegation

           Division 3 - Staff of Integrity Commission

              Subdivision 1 - Chief executive officer

   17.     Chief executive officer
   18.     Responsibilities of chief executive officer
   19.     Delegation by chief executive officer

              Subdivision 2 - Officers, employees and authorised persons

   20.     Officers and employees
   21.     Authorised persons

   PART 3 - Relationship with Parliament

           Division 1 - Preliminary

   22.     Interpretation: Part 3, Division 1

           Division 2 - Joint Standing Committee on Integrity

   23.     Joint Standing Committee on Integrity
   24.     Functions and powers of Joint Committee
   25.     Resignation
   26.     Report to Parliament

           Division 3 - Parliamentary standards

   27.     Parliamentary Standards Commissioner
   28.     Function of Parliamentary Standards Commissioner
   29.     Restriction of functions of Parliamentary Standards Commissioner
   30.     Functions of chief executive officer in relation to Members of Parliament

   PART 4 - Educative, Preventative and Advisory Functions of Commission

   31.     Educative, preventative and advisory functions
   32.     Public officers to be given education and training relating to ethical conduct

   PART 5 - Complaints

           Division 1 - Receipt of complaints

   33.     Complaints
   34.     Registration of complaints

           Division 2 - Actions on receipt of complaint

   35.     Assessment of complaint
   36.     Dismissal of complaint
   37.     Report of assessor
   38.     Actions of chief executive officer on receipt of assessment
   39.     Referral of complaint to relevant public authority
   40.     Referral of complaint to integrity entity
   41.     Referral of complaint to Parliamentary integrity entity
   42.     Referral of complaint to Commissioner of Police
   43.     Referral of complaint to other person

   PART 6 - Investigations

           Division 1 - Conduct of investigations

   44.     Appointment of investigator
   45.     Own-motion investigations
   46.     Procedure on investigation
   47.     Conduct of investigation
   48.     Investigation to be conducted in private unless otherwise authorised by chief executive officer
   49.     Representation
   50.     Investigator's power to enter premises
   51.     Search warrants
   52.     Powers of investigator while on premises
   53.     Application for use of surveillance device
   54.     Offences relating to investigations

           Division 2 - Reports and subsequent action

   55.     Investigator's report
   56.     Opportunity to provide comment on report
   57.     Report by chief executive officer
   58.     Determination of Board
   59.     Persons to whom notice of determination is to be given

   PART 7 - Inquiry by Integrity Tribunal

           Division 1 - Integrity Tribunal

   60.     Power of Board to convene Integrity Tribunal
   61.     Function of Integrity Tribunal
   62.     Constitution of Integrity Tribunal
   63.     Persons appointed to assist Integrity Tribunal

           Division 2 - Conduct of inquiry

   64.     Powers of Integrity Tribunal on inquiry
   65.     Notice of inquiry
   66.     Right of representation
   67.     Right of appearance
   68.     Directions conference
   69.     Procedure of inquiry
   70.     Response to notice of inquiry
   71.     Conduct of inquiry
   72.     Power to enter premises
   73.     Search warrants
   74.     Powers of inquiry officer while on premises
   75.     Application for use of surveillance device
   76.     Hearings of Integrity Tribunal
   77.     Presiding at hearings

           Division 3 - Procedure after inquiry

   78.     Determination of Integrity Tribunal
   79.     Review of determination

           Division 4 - Offences

   80.     Offences relating to Integrity Tribunal
   81.     Offences against inquiry officers

           Division 5 - Costs and expenses

   82.     Interpretation
   83.     Legal costs of witnesses
   84.     Allowances to witnesses
   85.     Compensation to witnesses for loss of income
   86.     Costs and expenses of inquiry, &c.

   PART 8 - Misconduct by Certain Public Officers

           Division 1 - Misconduct by designated public officers

   87.     Investigation or dealing with misconduct by designated public officers

           Division 2 - Police misconduct

   88.     Integrity Commission's role in relation to police misconduct
   89.     Own-motion investigations
   90.     Consultation with Commissioner of Police
   91.     Commissioner of Police to respond to Integrity Commission

   PART 9 - Miscellaneous

   92.     Claims of privilege
   93.     Notice to person charged with offence
   94.     Information confidential
   95.     Protection from personal liability
   96.     False or misleading statements
   97.     Destruction or alteration of records or things
   98.     Certain notices to be confidential documents
   99.     Injunctions
   100.    Privileges of Parliament not affected
   101.     
   102.    Personal information may be disclosed to Integrity Commission
   103.    Non-application of Act to certain allegations, &c.
   104.    Amendment of Schedule 1
   105.    Regulations
   106.    Independent review of Act
   107.    Administration of Act

   PART 10 - Acts Interpretation Act 1931 Amended

   108.     
   109.     

   PART 11 - Audit Act 2008 Amended

   110.     
   111.     
   112.     
   113.     

   PART 12 - Commissions of Inquiry Act 1995 Amended

   114.     
   115.     
   116.     

   PART 13 - Financial Management and Audit Act 1990 Amended

   117.     
   118.     

   PART 14 - Judicial Review Act 2000 Amended

   119.     
   120.     

   PART 15 - Ombudsman Act 1978 Amended

   121.     
   122.     
   123.     

   PART 16 - Personal Information Protection Act 2004 Amended

   124.     
   125.     

   PART 17 - State Service Act 2000 Amended

   126.     
   127.     
   128.     
   129.     
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6