Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2004-2005-2006
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
LAW ENFORCEMENT INTEGRITY COMMISSIONER (CONSEQUENTIAL
AMENDMENTS) BILL 2006
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments and New Clauses to be Moved on Behalf of the Government
(Circulated by authority of the Minister for Justice and Customs, Senator
the Honourable Chris Ellison)
LAW ENFORCEMENT INTEGRITY COMMISSIONER (CONSEQUENTIAL
AMENDMENTS) BILL 2006
OUTLINE
The Law Enforcement Integrity Commissioner (Consequential Amendments) Bill 2006 (the Bill)
makes consequential amendments related to the establishment of the Office of the Integrity
Commissioner, and the Australian Commission for Law Enforcement Integrity (ACLEI) pursuant to
the Law Enforcement Integrity Commissioner Bill 2006 (the LEIC Bill). The Office of the Integrity
Commissioner will be an independent statutory office responsible for the investigation of alleged
and suspected corruption within Australian Government law enforcement agencies. The Integrity
Commissioner will also be provided with assistance and administrative support from ACLEI.
The objective of the LEIC Bill is to enhance the integrity of Australian Government law
enforcement by providing for independent and effective external investigation of possible instances
of corruption in federal law enforcement agencies. It is therefore necessary that the Integrity
Commissioner be equipped with investigatory and inquiry powers that will allow the Integrity
Commissioner to gather information and evidence to perform his or her functions. It is also
necessary that information be passed between the Integrity Commissioner and other
Commonwealth agencies lawfully, particularly where that information relates to a Commonwealth
criminal offence. Coercive and information gathering powers are contained in numerous
Commonwealth Acts and are conferred on, and exercised by different Commonwealth agencies and
officials. It is necessary to amend these Commonwealth Acts to provide the Integrity
Commissioner with these appropriate powers.
The proposed amendments clarify the operation of the Bill taking into account the report of the
Senate Legal and Constitutional Legislation Committee (Senate Committee) in relation to the Bill.
The Government amendments will provide authority for the Commonwealth Ombudsman to share
information that may be relevant to a corruption issue with the Integrity Commissioner if the
information is obtained in the course of an investigation initiated on the Ombudsman's own motion.
Further, the amendments will preclude the Ombudsman from disclosing particular ACLEI
information if the Attorney-General has certified that the disclosure would be contrary to the public
interest.
FINANCIAL IMPACT STATEMENT
The Government amendments will have no financial impact.
ABBREVIATIONS
The following abbreviations are used in this supplementary explanatory memorandum:
ACLEI The Australian Commission for Law Enforcement Integrity
LEIC Bill The Law Enforcement Integrity Commissioner Bill 2006
Ombudsman Act The Ombudsman Act 1976
Senate Committee The Senate Legal and Constitutional Legislation Committee
A reference in this Explanatory Memorandum to a numbered recommendation of the Senate
Committee is a reference to a recommendation made in the report of the Senate Committee's review
of the provisions of the Law Enforcement Integrity Commissioner Bill 2006, the Law Enforcement
Integrity Commissioner (Consequential Amendments) Bill 2006 and the Law Enforcement (AFP
Professional Standards and Related Measures) Bill 2006, tabled on 11 May 2006.
NOTES ON CLAUSES
Amendment 1: Schedule 1, after item 46 (Dealing with information and documents)
This amendment will insert a new item 46A in Schedule 1 to the Bill. Item 46A would insert a new
section 35AA in the Ombudsman Act. Proposed new section 35AA provides that nothing in the
Ombudsman Act precludes the Ombudsman from disclosing information, making a statement, or
giving documents to the Integrity Commissioner if the Ombudsman obtains the information or
documents in the course of an investigation initiated on the Ombudsman's own motion and they
are, or may be, relevant to a corruption issue.
Proposed new subsections 6(16) to 6(19) of the Ombudsman Act, which will be inserted by item 42
of Schedule 1 to the Bill, will provide authority for the Ombudsman to refer information or
documents relating to a complaint to the Integrity Commissioner if, in the Ombudsman's opinion,
the complaint involves an allegation, or information, that raises a corruption issue. This
amendment will ensure that there is corresponding authority for the Ombudsman to pass to the
Integrity Commissioner information or documents obtained in the course of conducting an `own
motion' investigation.
This amendment will implement the Senate Committee's recommendation 7.
Amendment 2: Schedule 1, after proposed item 46A (Dealing with information)
This amendment will insert a new item 46B in Schedule 1 to the Bill. Item 46B would insert a
cross-reference to the new section 35C of the Ombudsman Act in section 35A of the Ombudsman
Act.
Subsection 35A(1) provides that, subject to section 35B (which relates to ACC information),
nothing in the Ombudsman Act precludes the Ombudsman from disclosing information in the
public interest. The proposed new section 35C is introduced by item 47 of Schedule 1 to the Bill.
It provides that the Ombudsman is precluded from disclosing ACLEI information if the Attorney-
General certifies to the Ombudsman that disclosure of the information would be contrary to the
public interest on any of the grounds specified by the section.
The purpose of amendment 2 is to clarify that a certificate issued by the Attorney-General under
proposed new section 35C would override the Ombudsman's right to disclose information under
section 35A.
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