Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 123

123 .         Integrity testing programme, grant of authority to conduct

        (1)         The Commission may grant an authority for an officer of the Commission or another person to conduct a programme (an integrity testing programme ) to test the integrity of any particular public officer or class of public officers.

        (2)         An integrity testing programme may involve an act or omission (by a person who is participating in the programme) that offers a public officer whose integrity is being tested the opportunity to engage in behaviour, whether lawful or unlawful, in contravention of the principles of integrity required of a public officer.

        (3)         The authority must be in writing signed by the Commission.

        (4)         The authority must —

            (a)         specify the officer of the Commission responsible for the programme; and

            (b)         specify the names of any persons who are authorised to participate in the programme; and

            (c)         identify the integrity testing programme; and

            (d)         specify the nature of the particular activities in which the persons specified in the authority are authorised to engage; and

            (e)         specify a period, not exceeding 6 months, for which the authority is given; and

            (f)         specify a date and time, being not earlier than its signing, when the authority comes into force.

        (5)         For the purposes of subsection (4)(c) an integrity testing programme may be identified by reference to a plan of the programme held by the Commission.

        (6)         A person is sufficiently identified for the purposes of subsection (4)(a) or (b) if the person is identified —

            (a)         by an assumed identity under which the person is operating; or

            (b)         by a code name or number,

                so long as the assumed identity, code name or code number can be matched to the person’s identity by reference to documentation kept by the Commission.

        (7)         The authority may be granted subject to conditions specified in the authority.

        (8)         An authority to conduct an integrity testing programme in respect of a matter for which there is not an allegation of misconduct must not be granted unless each person to be tested under the integrity testing programme is —

            (a)         a police officer; or

            (b)         a person of a class prescribed by the regulations.

        (9)         Unless it is sooner cancelled, an authority remains in force for the period specified in the authority.

        [Section 123 inserted: No. 78 of 2003 s. 17.]