Northern Territory Numbered Acts Northern Territory Numbered Acts(1) The ICAC may, at any time, refer to a referral entity a matter that has come to the ICAC's attention that may involve improper conduct.
Note for subsection (1)
See also section 18 (2).
(2) For a matter that concerns the conduct of a public officer:
(a) who is an MLA (even if the conduct is alleged to have occurred before the person became an MLA), or who was an MLA at the time the conduct is alleged to have occurred, the referral entity is:
(i) the Speaker; or
(ii) if the MLA is the Speaker – the Deputy Speaker; or
(b) who is a judicial officer (even if the conduct is alleged to have occurred before the person became a judicial officer), or who was a judicial officer at the time the conduct is alleged to have occurred, the referral entity is as follows:
(i) for the Chief Justice – the next most senior Supreme Court Judge;
(ii) for any other Supreme Court Judge – the Chief Justice;
(iii) for the Chief Judge – the Chief Justice;
(iv) for any other Local Court Judge – the Chief Judge;
(v) for the President of the Civil and Administrative Tribunal (the Tribunal ) – the Chief Judge;
(vi) for any member of the Tribunal who is a judicial officer – the Chief Judge;
(vii) for any other member of the Tribunal – the President of the Tribunal;
(viii) for the Territory Coroner – the Chief Judge;
(ix) for a Deputy Coroner – the Territory Coroner; or
(c) who is the Commissioner of Police, the referral entity is:
(i) the Ombudsman; or
(ii) the Minister administering Part II of the Police Administration Act ; or
(iii) the Anti-Discrimination Commissioner;
(d) who is a police officer other than the Commissioner of Police, the referral entity is:
(i) the Ombudsman; or
(ii) the Commissioner of Police; or
(iii) the Anti-Discrimination Commissioner.
(3) For any matter concerning the conduct of any other public officer or a public body, the ICAC may refer the matter to any entity the ICAC considers appropriate for the public officer or public body's role or function at the time of referral or at the time the conduct is alleged to have occurred, including, but not limited to, the following:
(a) a public body;
(b) the holder of an office established under an Act who is appointed by the Administrator or a minister;
(c) a law enforcement agency;
(d) an agency of another Australian jurisdiction that has functions similar to those of the ICAC;
(e) an entity in Australia that regulates, or has oversight of standards for:
(i) a profession, trade, occupation or group; or
(ii) a type of organisation (for example, corporations or incorporated associations);
(f) an entity prescribed, or of a class prescribed, by regulation.
(4) The ICAC may refer a matter to more than one referral entity or parts of the same matter to different referral entities.
(5) Without limiting subsection (1), the ICAC may, at any time:
(a) refer a matter that may involve the commission of an offence to the Commissioner of Police or another law enforcement agency having jurisdiction to investigate the offence; or
(b) refer a matter to the Director of Public Prosecutions:
(i) to seek the Director's opinion or advice; or
(ii) to request the Director to grant an indemnity from prosecution; or
(c) refer a matter that may involve anti-democratic conduct to the Electoral Commissioner.
(6) Without limiting subsection (2) or (3), each of the following entities is a referral entity in relation to a matter referred, or that may be referred, to the entity under subsection (5):
(a) the Commissioner of Police;
(b) a law enforcement agency;
(c) the Director of Public Prosecutions;
(d) the Electoral Commissioner.
(7) If a matter concerning the conduct of a police officer is referred to the Commissioner of Police, the Commissioner of Police must notify the Ombudsman of the referral.