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TASMANIA
__________
INTEGRITY COMMISSION AMENDMENT BILL
2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - INTEGRITY COMMISSION ACT 2009 AMENDED
3. Principal Act
4. Section 4 amended (Interpretation)
5. Section 5 amended (Public authorities)
6. Section 6 amended (Designated public officers)
7. Section 33 amended (Complaints)
8. Section 37 amended (Report of assessor)
9. Section 45 amended (Own-motion investigations)
10. Section 51 amended (Search warrants)
11. Part 6, Division 2: Heading amended
12. Section 56 amended (Opportunity to provide comment on report)
13. Section 57 amended (Report by chief executive officer)
14. Section 58 amended (Determination of Board)
15. Section 59 amended (Persons to whom notice of determination is
to be given)
16. Section 61 amended (Function of Integrity Tribunal)
[Bill 77]-I
17. Section 65 amended (Notice of inquiry)
18. Section 66 amended (Right of representation)
19. Section 70 amended (Response to notice of inquiry)
20. Section 78 amended (Determination of Integrity Tribunal)
21. Section 87 amended (Investigation or dealing with misconduct
by designated public officers)
22. Section 89 amended (Own-motion investigations)
23. Section 98 amended (Certain notices to be confidential
documents)
24. Section 101 repealed
PART 3 - OMBUDSMAN ACT 1978 AMENDED
25. Principal Act
26. Section 26 amended (Secrecy, &c.)
PART 4 - STATE SERVICE ACT 2000 AMENDED
27. Principal Act
28. Section 24 amended (Relationship with Ombudsman and other
persons)
PART 5 - REPEAL
29. Repeal of Act
2
INTEGRITY COMMISSION AMENDMENT BILL
2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
22 November 2011
(Brought in by the Minister for Justice, the Honourable Brian
Neal Wightman)
A BILL FOR
An Act to amend the Integrity Commission Act 2009, the
Ombudsman Act 1978 and the State Service Act 2000
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Integrity
Commission Amendment Act 2011.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 77] 3
Integrity Commission Amendment Act 2011
Act No. of
s. 3 Part 2 - Integrity Commission Act 2009 Amended
PART 2 - INTEGRITY COMMISSION ACT 2009
AMENDED
3. Principal Act
In this Part, the Integrity Commission Act 2009*
is referred to as the Principal Act.
4. Section 4 amended (Interpretation)
Section 4(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of
"investigator" and substituting the
following definition:
"investigator" means -
(a) a person appointed under
section 44 or 45; or
(b) if the Integrity
Commission is
conducting an
investigation under
section 87, 88 or 89, a
person appointed by the
Integrity Commission;
(b) by omitting "section 5" from the
definition of "public authority" and
substituting "section 5(1)";
*No. 67 of 2009
4
Integrity Commission Amendment Act 2011
Act No. of
Part 2 - Integrity Commission Act 2009 Amended s. 5
(c) by inserting "but does not include a
person specified in section 5(2)" after
"manner" in the definition of "public
officer".
5. Section 5 amended (Public authorities)
Section 5(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (f) "a" and
substituting "members of a";
(b) by omitting from paragraph (g) "the" and
substituting "members of the".
6. Section 6 amended (Designated public officers)
Section 6 of the Principal Act is amended by
omitting subsection (2).
7. Section 33 amended (Complaints)
Section 33 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) A complaint under subsection (1) may be
made anonymously.
5
Integrity Commission Amendment Act 2011
Act No. of
s. 8 Part 2 - Integrity Commission Act 2009 Amended
8. Section 37 amended (Report of assessor)
Section 37(2)(a) of the Principal Act is amended
by inserting "or not accepted" after "section 36".
9. Section 45 amended (Own-motion investigations)
Section 45 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "that an
investigator be appointed";
(b) by omitting from subsection (2) "officer,
who" and substituting "officer of the
determination and the chief executive
officer";
(c) by omitting from subsection (2)(b) "is
suspected" and substituting "has
occurred";
(d) by omitting from subsection (2)(c)
"investigation." and substituting
"investigation; or";
(e) by inserting the following paragraph after
paragraph (c) in subsection (2):
(d) into any of the policies, practices
or procedures of a public
authority or of a public officer, or
the failure of those policies,
practices or procedures.
6
Integrity Commission Amendment Act 2011
Act No. of
Part 2 - Integrity Commission Act 2009 Amended s. 10
10. Section 51 amended (Search warrants)
Section 51 of the Principal Act is amended by
omitting subsection (5).
11. Part 6, Division 2: Heading amended
Division 2 of Part 6 of the Principal Act is
amended by omitting "Procedure after
investigation" from the heading to that Division
and substituting "Reports and subsequent
action".
12. Section 56 amended (Opportunity to provide
comment on report)
Section 56(1)(b) of the Principal Act is amended
by omitting "complaint" and substituting
"investigation".
13. Section 57 amended (Report by chief executive
officer)
Section 57 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b) "the
complaint,";
(b) by omitting from subsection (2)(d) "into
the complaint";
7
Integrity Commission Amendment Act 2011
Act No. of
s. 14 Part 2 - Integrity Commission Act 2009 Amended
(c) by inserting in subsection (2)(d) "into the
matter" after "Tribunal";
(d) by inserting the following subsection
after subsection (2):
(3) The chief executive officer may
in accordance with section 35(1)
recommend that the Board
recommend to the Premier that a
commission of inquiry be
established under the
Commissions of Inquiry Act 1995
in relation to the matter.
14. Section 58 amended (Determination of Board)
Section 58 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"section 57" and substituting
"section 57(1) or a recommendation
under section 57(3)";
(b) by omitting from subsection (1) "to the
complaint that was";
(c) by omitting from subsection (1)
"investigation" and substituting "report
or recommendation";
(d) by omitting from subsection (2)(b) "the
complaint and";
8
Integrity Commission Amendment Act 2011
Act No. of
Part 2 - Integrity Commission Act 2009 Amended s. 15
(e) by omitting from subsection (2)(b)
"relating to the complaint";
(f) by omitting from subsection (2)(d) "of
the complaint";
(g) by omitting from subsection (2)(e) "into
the complaint";
(h) by omitting from subsection (4)
"complaint and report are" and
substituting "report is";
(i) by omitting from subsection (4)
"complaint" second occurring and
substituting "report".
15. Section 59 amended (Persons to whom notice of
determination is to be given)
Section 59(1)(b)(i) of the Principal Act is
amended by omitting "to whom the complaint
relates" and substituting "who was the subject of
the investigation".
16. Section 61 amended (Function of Integrity
Tribunal)
Section 61(1) of the Principal Act is amended as
follows:
(a) by omitting "a complaint or a matter
referred to in section 45(1)" and
substituting "a matter in respect of which
9
Integrity Commission Amendment Act 2011
Act No. of
s. 17 Part 2 - Integrity Commission Act 2009 Amended
the Board has determined under
section 58 that an inquiry be
undertaken";
(b) by omitting "the complaint or" and
substituting "that".
17. Section 65 amended (Notice of inquiry)
Section 65(1) of the Principal Act is amended as
follows:
(a) by omitting "a complaint" and
substituting "the inquiry";
(b) by omitting "complaint" second
occurring and substituting "inquiry".
18. Section 66 amended (Right of representation)
Section 66(1) of the Principal Act is amended as
follows:
(a) by omitting "a complaint of misconduct"
and substituting "an inquiry";
(b) by omitting "an inquiry into that
complaint" and substituting "the
inquiry".
10
Integrity Commission Amendment Act 2011
Act No. of
Part 2 - Integrity Commission Act 2009 Amended s. 19
19. Section 70 amended (Response to notice of inquiry)
Section 70 of the Principal Act is amended as
follows:
(a) by omitting "a complaint" and
substituting "an inquiry";
(b) by omitting "complaint" second
occurring and substituting "notice";
(c) by omitting from paragraph (c)
"regarding the complaint" and
substituting "in relation to the inquiry";
(d) by omitting from paragraph (d)
"complaint" and substituting "inquiry".
20. Section 78 amended (Determination of Integrity
Tribunal)
Section 78(6)(a) of the Principal Act is amended
by omitting "complaint" and substituting
"inquiry".
21. Section 87 amended (Investigation or dealing with
misconduct by designated public officers)
Section 87(1) of the Principal Act is amended by
omitting "this Act" and substituting "Parts 6 and
7 ".
11
Integrity Commission Amendment Act 2011
Act No. of
s. 22 Part 2 - Integrity Commission Act 2009 Amended
22. Section 89 amended (Own-motion investigations)
Section 89 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "The
Integrity Commission may conduct an
investigation on its own motion" and
substituting "The Board, on its own
motion, may determine that the Integrity
Commission should conduct an
investigation in accordance with Parts 6
and 7";
(b) by omitting from subsection (2)
"investigation" first occurring and
substituting "investigation into";
(c) by omitting from subsection (2)(b)
"investigation." and substituting
"investigation; or";
(d) by inserting the following paragraph after
paragraph (b) in subsection (2):
(c) any of the policies, practices or
procedures of Tasmania Police in
relation to misconduct.
(e) by omitting from subsection (3)
"Integrity Commission" and substituting
"Board";
(f) by inserting in subsection (3) "its
determination to conduct" after "notice
of".
12
Integrity Commission Amendment Act 2011
Act No. of
Part 2 - Integrity Commission Act 2009 Amended s. 23
23. Section 98 amended (Certain notices to be
confidential documents)
Section 98 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) A person on whom a notice that
is a confidential document was
served or to whom such a notice
was given under this Act must not
disclose to another person -
(a) the existence of the
notice; or
(b) the contents of the notice;
or
(c) any matters relating to or
arising from the notice -
unless the person on whom the
notice was served or to whom the
notice was given has a reasonable
excuse.
Penalty: Fine not exceeding 2 000
penalty units.
(1A) A person to whom the existence
of a notice that is a confidential
document was disclosed must not
disclose to another person -
13
Integrity Commission Amendment Act 2011
Act No. of
s. 23 Part 2 - Integrity Commission Act 2009 Amended
(a) the existence of that
notice; or
(b) the contents of the notice;
or
(c) any matters relating to or
arising from the notice -
unless the person to whom the
existence of the notice was
disclosed has a reasonable
excuse.
Penalty: Fine not exceeding 2 000
penalty units.
(1B) For the purposes of
subsections (1) and (1A), matters
relating to or arising from a
notice include but are not limited
to -
(a) obligations or duties
imposed on any person by
the notice; and
(b) any evidence or
information produced or
provided to the Integrity
Commission or an
Integrity Tribunal; and
(c) the contents of any
document seized under
this Act; and
14
Integrity Commission Amendment Act 2011
Act No. of
Part 2 - Integrity Commission Act 2009 Amended s. 23
(d) any information that
might enable a person
who is the subject of an
investigation or inquiry to
be identified or located;
and
(e) the fact that any person
has been required or
directed by an
investigator or an
Integrity Tribunal to
provide information,
attend an inquiry, give
evidence or produce
anything; and
(f) any other matters that
may be prescribed.
(b) by omitting from subsection (2)(b) "first-
mentioned person" and substituting
"person to whom the disclosure was
made";
(c) by inserting the following subsections
after subsection (2):
(3) The Integrity Commission or an
Integrity Tribunal may advise a
person on whom a notice was
served or to whom a notice was
given under this Act that the
notice is no longer confidential.
(4) If the Integrity Commission or an
Integrity Tribunal advises a
15
Integrity Commission Amendment Act 2011
Act No. of
s. 24 Part 2 - Integrity Commission Act 2009 Amended
person referred to in
subsection (3) that a notice is no
longer confidential,
subsections (1) and (1A) do not
apply.
24. Section 101 repealed
Section 101 of the Principal Act is repealed.
16
Integrity Commission Amendment Act 2011
Act No. of
Part 3 - Ombudsman Act 1978 Amended s. 25
PART 3 - OMBUDSMAN ACT 1978 AMENDED
25. Principal Act
In this Part, the Ombudsman Act 1978* is
referred to as the Principal Act.
26. Section 26 amended (Secrecy, &c.)
Section 26 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) Subsection (1) does not prevent the
disclosure of information to the Integrity
Commission if the information is
relevant to the performance or exercise
by the Integrity Commission of its
functions or powers.
*No. 82 of 1978
17
Integrity Commission Amendment Act 2011
Act No. of
s. 27 Part 4 - State Service Act 2000 Amended
PART 4 - STATE SERVICE ACT 2000 AMENDED
27. Principal Act
In this Part, the State Service Act 2000* is
referred to as the Principal Act.
28. Section 24 amended (Relationship with
Ombudsman and other persons)
Section 24 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) The Commissioner may disclose
information to the Integrity Commission
if the information is relevant to the
performance or exercise by the Integrity
Commission of its functions or powers.
*No. 85 of 2000
18
Integrity Commission Amendment Act 2011
Act No. of
Part 5 - Repeal s. 29
PART 5 - REPEAL
29. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 19