Tasmania: Integrity Commission Act 2009 (Tas)

Integrity Commission Act 2009 An Act to establish an Integrity Commission and for related matters and to amend certain Acts [Royal Assent 17 December 2009] 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 Act 2009 . 2. Commencement This Act commences on a day or days to be proclaimed. 3. Object and objectives (1) The object of this Act is to promote and enhance standards of ethical conduct by public officers by the establishment of an Integrity Commission. (2) The objectives of the Integrity Commission are to – (a) improve the standard of conduct, propriety and ethics in public authorities in Tasmania; and (b) enhance public confidence that misconduct by public officers will be appropriately investigated and dealt with; and (c) enhance the quality of, and commitment to, ethical conduct by adopting a strong, educative, preventative and advisory role. (3) The Integrity Commission will endeavour to achieve these objectives by – (a) educating public officers and the public about integrity; and (b) assisting public authorities deal with misconduct; and (c) dealing with allegations of serious misconduct or misconduct by designated public officers; and (d) making findings and recommendations in relation to its investigations and inquiries. 4. Interpretation (1) In this Act, unless the contrary intention appears – assessor means a person appointed under section 35(2) ; audit includes to examine, investigate, inspect and review; authorised person means a person authorised under section 21 ; Board means the Board of the Integrity Commission established under section 12 ; Chief Commissioner means the person appointed under section 15 ; chief executive officer means the person appointed under section 17 ; complainant, in relation to a complaint, means the person making the complaint, whether on that person's behalf or on behalf of some other person; complaint means a complaint made under section 33 and includes any associated matters relating to the complaint; council-owned company means a company incorporated under the Corporations Act that is controlled by one or more councils or another company that is so controlled; designated public officer means a public officer specified in section 6 ; DPP means the person appointed as Director of Public Prosecutions under the Director of Public Prosecutions Act 1973 ; functions includes duties; Government Business Enterprise means a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; Government department means any department established under the State Service Act 2000 , or constituted by any other enactment as a department within the meaning of the State Service Act 2000 ; Head of Agency has the same meaning as in the State Service Act 2000 ; inquiry officer means a person appointed or required under section 63 to assist an Integrity Tribunal with the conduct of an inquiry; Integrity Commission means the Integrity Commission established under section 7 ; integrity entity means any of the following: (a) the Integrity Commission; (b) the Ombudsman; (c) the Auditor-General; (d) the Custodial Inspector; Integrity Tribunal means an Integrity Tribunal convened under section 60 ; 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; Joint Committee means the Joint Standing Committee on Integrity established under section 23 ; local authority includes – (a) a council; and (b) a single authority, controlling authority or joint authority established under Part 3 of the Local Government Act 1993 ; and (c) any other body or authority, constituted or established by or under an Act, having power to levy, or cause to be levied, a rate on any land; member, in relation to a council, means a member of that council elected under the Local Government Act 1993 ; Member of Parliament means a member of the Legislative Council or the House of Assembly; misconduct means – (a) conduct, or an attempt to engage in conduct, of or by a public officer that is or involves – (i) a breach of a code of conduct applicable to the public officer; or (ii) the performance of the public officer's functions or the exercise of the public officer's powers, in a way that is dishonest or improper; or (iii) a misuse of information or material acquired in or in connection with the performance of the public officer's functions or exercise of the public officer's powers; or (iv) a misuse of public resources in connection with the performance of the public officer's functions or the exercise of the public officer's powers; or (b) conduct, or an attempt to engage in conduct, of or by any public officer that adversely affects, or could adversely affect, directly or indirectly, the honest and proper performance of functions or exercise of powers of another public officer – but does not include conduct, or an attempt to engage in conduct, by a public officer in connection with a proceeding in Parliament; Parliamentary integrity entity means any of the following: (a) the President of the Legislative Council; (b) the Speaker of the House of Assembly; Parliamentary Standards Commissioner means the person appointed to the office of Parliamentary Standards Commissioner under section 27 ; police misconduct means misconduct by a police officer; political party means a party registered under the Electoral Act 2004 or under an Act of the Commonwealth or another State or Territory as a political party; premises of a public authority means premises at which the business or operations of the public authority are conducted; principal officer, in relation to a public authority specified in Column 1 of Schedule 1 , means the principal officer specified in Column 2 of the Schedule opposite that public authority; privilege includes any of the following: (a) all the privileges set out in Part 10 of Chapter 3 of the Evidence Act 2001 ; (b) the privileges of spouses and others set out in sections 18 , 19 and 20 of the Evidence Act 2001 ; (c) the privileges of the Parliament; proceeding in Parliament means all words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of a House of Parliament or of a committee, and, without limiting the generality of the foregoing, includes – (a) the giving of evidence before a House or a committee, and evidence so given; and (b) the presentation or submission of a document to a House or a committee; and (c) the preparation of a document for purposes of or incidental to the transacting of any such business; and (d) the formulation, making or publication of a document, including a report, by or pursuant to an order of a House or a committee and the document so formulated, made or published; public authority means a public authority referred to in section 5(1) ; public officer means a person who is a public authority or a person who holds any office, employment or position in a public authority whether the appointment to the office, employment or position is by way of selection or election or by any other manner but does not include a person specified in section 5(2) ; record includes any account, deed, writing or document and any other record of information however compiled, recorded or stored, whether in written or printed form, on film or in electronic form or otherwise; register of complaints means the register referred to in section 34 ; relevant public authority, in relation to a complaint made or an investigation or inquiry conducted under this Act, means the public authority to which a public officer who is the subject of a complaint is appointed or, in the case of a public authority who is a person, the public authority who is the subject of a complaint, investigation or inquiry; responsible Minister, in relation to any public authority or part of a public authority, means the Minister charged with the administration of that public authority or part of that public authority; senior executive office means an office created under section 29(4) of the State Service Act 2000 ; serious misconduct means misconduct by any public officer that could, if proved, be – (a) a crime or an offence of a serious nature; or (b) misconduct providing reasonable grounds for terminating the public officer's appointment; State-owned company means a company incorporated under the Corporations Act that is controlled by – (a) the Crown; or (b) a Government Business Enterprise; or (c) a statutory authority; or (d) another company which is itself controlled by an entity referred to in paragraph (a) , (b) or (c) ; statutory authority means a body or authority, whether incorporated or not, that is established, constituted or continued by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include a State Service Agency; statutory office means an office the holder of which is appointed by the Governor or a Minister. (2) For the purposes of this Act – (a) a reference to a public authority includes a reference to the principal officer and each of the members, officers and employees of the authority; and (b) a reference to an officer of a public authority includes a reference to a principal officer and an officer appointed by or to the authority under any Act; and (c) a reference to a member of a public authority includes a reference to the holder of an office created by any Act who, by virtue of his or her holding the office, is a member of the authority; and (d) a reference to an employee of a public authority includes a reference to a State Service officer or State Service employee; and (e) a reference to a member of a public authority includes a reference to a person who is elected to that authority. (3) For the purposes of the definition of State-owned company in subsection (1) , the provisions of the Corporations Act relating to control are taken to apply as if the Crown, Government Business Enterprise or statutory authority, as the case may be, were a corporation under that Act. 5. Public authorities (1) Subject to subsection (2) , the following persons are public authorities for the purposes of this Act: (a) the Parliament of Tasmania and any person performing functions or exercising powers under the Parliamentary Privilege Act 1898 ; (b) a person employed in an office of a Minister, Parliamentary Secretary or other Member of Parliament whether in accordance with the State Service Act 2000 or otherwise, except for a person performing functions or exercising powers under the Parliamentary Privilege Act 1898 ; (c) a State Service Agency; (d) the Police Service; (e) any person performing functions under the Governor of Tasmania Act 1982 ; (f) a Government Business Enterprise; (g) the Board of a Government Business Enterprise; (h) a State-owned company; (i) the Board of a State-owned company; (ia) the University of Tasmania; (j) a body or authority, whether incorporated or not, whose members or a majority of whose members are appointed by the Governor or a Minister under an Act; (k) the holder of a statutory office; (l) a local authority; (m) a council-owned company; (n) any other prescribed body or authority, whether incorporated or not – (i) to which any money is paid by way of appropriation from the Public Account; or (ii) over which the Government or a Minister exercises control. (2) The following persons are not public authorities for the purposes of this Act: (a) the Governor of Tasmania; (b) a judge of the Supreme Court; (c) the Associate Judge of the Supreme Court; (d) a magistrate of the Magistrates Court; (e) a court; (f) members of a tribunal; (g) members of the Tasmanian Industrial Commission; (h) the Integrity Commission; (i) any other prescribed person. (3) A reference to a person specified in subsection (1) or (2) includes a reference to that person as it was formerly known. 6. Designated public officers (1) The following persons are designated public officers: (a) a Member of Parliament; (b) a member of a council; (c) the principal officer of a public authority other than a person specified in section 5(2) in relation to the principal officer's office; (d) the holder of a statutory office other than the Chief Commissioner and the chief executive officer; (e) a commissioned police officer; (f) the holder of a senior executive office; (g) such other persons as may be prescribed. (2) . . . . . . . . PART 2 - Integrity Commission Division 1 - Establishment of Integrity Commission 7. Establishment of Integrity Commission (1) The Integrity Commission is established. (2) The Integrity Commission includes the Board, any member of the Board, the chief executive officer, the staff of the Integrity Commission, any authorised persons, assessors, investigators, and any member of or any persons appointed to assist an Integrity Tribunal. (3) The Integrity Commission – (a) is a body corporate with perpetual succession; and (b) may have a seal; and (c) may sue and be sued in its corporate name; and (d) is an instrumentality of the Crown. (4) If the Integrity Commission has a seal – (a) it is to be kept and used as authorised by the Integrity Commission; and (b) all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Integrity Commission. 8. Functions and powers of Integrity Commission (1) In addition to any other functions that are imposed on the Integrity Commission under this or any other Act, the functions of the Integrity Commission are to – (a) develop standards and codes of conduct to guide public officers in the conduct and performance of their duties; and (b) educate public officers and the public about integrity in public administration; and (c) prepare guidelines and provide training to public officers on matters of conduct, propriety and ethics; and (d) provide advice on a confidential basis to public officers about the practical implementation of standards of conduct that it considers appropriate in specific instances; and (e) establish and maintain codes of conduct and registration systems to regulate contact between persons conducting lobbying activities and certain public officers; and (f) receive and assess complaints or information relating to matters involving misconduct; and (g) refer complaints to a relevant public authority, integrity entity or Parliamentary integrity entity for action; and (h) refer complaints or any potential breaches of the law to the Commissioner of Police, the DPP or other person that the Integrity Commission considers appropriate for action; and (i) investigate any complaint by itself or in cooperation with a public authority, the Commissioner of Police, the DPP or other person that the Integrity Commission considers appropriate; and (j) on its own initiative, initiate an investigation into any matter related to misconduct; and (k) deal with any matter referred to it by the Joint Committee; and (l) assume responsibility for, and complete, an investigation into misconduct commenced by a public authority or integrity entity if the Integrity Commission considers that action to be appropriate having regard to the principles set out in section 9 ; and (m) when conducting or monitoring investigations into misconduct, gather evidence for or ensure evidence is gathered for – (i) the prosecution of persons for offences; or (ii) proceedings to investigate a breach of a code of conduct; or (iii) proceedings under any other Act; and (n) conduct inquiries into complaints; and (o) receive reports relating to misconduct from a relevant public authority or integrity entity and take any action that it considers appropriate; and (p) if the Integrity Commission is satisfied that it is in the public interest and expedient to do so, recommend to the Premier the establishment of a Commission of Inquiry under the Commissions of Inquiry Act 1995 ; and (q) monitor or audit any matter relating to the dealing with and investigation of complaints about misconduct in any public authority including any standards, codes of conduct, or guidelines that relate to the dealing with those complaints; and (r) perform any other prescribed functions or exercise any other prescribed powers. (2) In addition to any other powers that are conferred on the Integrity Commission under this or any other Act, the Integrity Commission has the power to do all things reasonably necessary or convenient to be done in connection with the performance of its functions. 9. Principles of operation of Integrity Commission (1) The Integrity Commission is to perform its functions and exercise its powers in such a way as to – (a) raise standards of conduct, propriety and ethics in public authorities; and (b) work cooperatively with public authorities, integrity entities and Parliamentary integrity entities to prevent or respond to misconduct; and (c) improve the capacity of public authorities to prevent and respond to cases of misconduct; and (d) ensure that action to prevent and respond to misconduct in a public authority is taken if the public authority has the capacity, and it is in the public interest, to do so; and (e) deal with matters of misconduct by designated public officers; and (f) ensure that matters of misconduct or serious misconduct are dealt with expeditiously at a level and by a person that it considers is appropriate; and (g) not duplicate or interfere with work that it considers has been undertaken or is being undertaken appropriately by a public authority. (2) In the performance of its functions and the exercise of its powers, the Integrity Commission is not bound by the rules of law governing the admission of evidence but may inform itself of any matter in such manner as it thinks fit. (3) The Integrity Commission is to perform its functions and exercise its powers with as little formality and technicality as possible. 10. Integrity Commission not subject to direction or control of Minister The Integrity Commission is not subject to the direction or control of the Minister in respect of the performance or exercise of its functions or powers. 11. Annual and other reports (1) The Integrity Commission, on or before 31 October or such other date as may be prescribed, is to lay before each House of Parliament a report on the performance of its functions and exercise of its powers under this Act during the period of 12 months ending on the last preceding 30 June. (2) The report under subsection (1) may be combined with the report under section 36 of the State Service Act 2000 . (3) The Integrity Commission may, at any time, lay before each House of Parliament a report on any matter arising in connection with the performance of its functions or exercise of its powers. (4) The Integrity Commission may, at any time, provide a report to the Joint Committee on the performance of its functions or exercise of its powers relating to an investigation or inquiry. Division 2 - Board of Integrity Commission 12. Establishment of Board of Integrity Commission The Board of the Integrity Commission is established. 13. Role of Board The role of the Board is to – (a) provide guidance to facilitate the functions and powers of the Integrity Commission, under this or any other Act, being performed and exercised by the chief executive officer and staff of the Integrity Commission in accordance with sound public administration practice and principles of procedural fairness and the objectives of this Act; and (b) promote an understanding of good practice and systems in public authorities in order to develop a culture of integrity, propriety and ethical conduct in those public authorities and their capacity to deal with allegations of misconduct; and (c) monitor and report to the Minister or Joint Committee or both the Minister and Joint Committee on the operation and effectiveness of this Act and other legislation relating to the operations of integrity entities in Tasmania. 14. Members of Board (1) The members of the Board are – (a) the Chief Commissioner; and (b) . . . . . . . . (c) . . . . . . . . (d) . . . . . . . . (e) a person with experience in local government; and (f) a person with experience in law enforcement or the conduct of investigations; and (g) a person who has at least one of the following: (i) experience in public administration, governance or government; (ii) experience in business management and administration whether in a government organisation or non-government organisation; (iii) experience in legal practice; (iv) community service experience, or experience of community standards and expectations, relating to public sector officials and public sector administration; (v) experience, in a government organisation, in both human resources and industrial relations. (1A) The Chief Commissioner is the chairperson of the Board. (2) The members of the Board referred to in subsection (1)(e) , (f) or (g) are appointed by the Governor on the advice of the Minister. (3) In providing advice to the Governor, the Minister is to inform the Governor of the outcome of the consultations referred to in subsection (4) . (4) Before a person is appointed as a member of the Board under subsection (1)(e) , (f) or (g) , the Minister is to consult the Joint Committee. (5) If the members of the Joint Committee have not been appointed or Parliament has been prorogued, the Minister is to consult – (a) the President of the Legislative Council; and (b) the Parliamentary leader of each political party represented in the House of Assembly. (6) A person is not eligible to be appointed as a member of the Board under subsection (1)(e) , (f) or (g) if that person is, or has been in the period of 5 years immediately preceding the date on which it is proposed to appoint that person – (a) a Member of a House of Parliament of the Commonwealth or a State or Territory; or (b) a member of a council; or (c) a member of a political party or a member of a similar organisation. (7) Schedule 2 has effect with respect to membership of the Board. (8) Schedule 3 has effect with respect to meetings of the Board. (9) If a person holding the office of Chief Commissioner vacates that office in accordance with section 15B(1) , he or she ceases to be a member of the Board. (10) In this section – government organisation means – (a) a Government department; and (b) a State authority within the meaning of the State Service Act 2000. 15. Chief Commissioner (1) A person is to be appointed by the Governor as Chief Commissioner. (2) Before a person is appointed as Chief Commissioner, the Minister is to consult the Joint Committee. (3) If the members of the Joint Committee have not been appointed or Parliament has been prorogued, the Minister is to consult – (a) the President of the Legislative Council; and (b) the Parliamentary leader of each political party represented in the House of Assembly. (4) A person is not eligible to be appointed as Chief Commissioner unless he or she is an Australian legal practitioner of not less than 7 years' standing and either – (a) he or she has not previously been appointed as Chief Commissioner under subsection (1) ; or (b) he or she has previously been appointed under subsection (1) as Chief Commissioner and section 15A(2) applies in relation to his or her appointment. (5) A person is not eligible to be appointed as Chief Commissioner if he or she is, or has been, in the period of 5 years immediately preceding the date on which it is proposed that he or she be appointed – (a) a Member of a House of Parliament of the Commonwealth or a State or Territory; or (b) a member of a council; or (c) a member of a political party or a member of a similar organisation. (6) The State Service Act 2000 does not apply in relation to a person in his or her capacity as Chief Commissioner. (7) A person may hold the office of Chief Commissioner in conjunction with State Service employment. 15A. Terms of office and terms and conditions of appointment to office of Chief Commissioner (1) Subject to this Act, a person appointed as Chief Commissioner holds that office for the period, not exceeding 5 years, which is specified in his or her instrument of appointment. (2) A person may be appointed as Chief Commissioner more than once, but the period of appointment specified in any instrument of appointment after the first instrument of appointment must not be a period such that the total of all periods for which he or she is appointed as Chief Commissioner is more than a period of 10 years. (3) Subject to this Act, a person appointed as Chief Commissioner holds that office on the terms and conditions – (a) determined by the Governor; and (b) specified in his or her instrument of appointment as Chief Commissioner. (4) A person holding an office who is required by the terms of his or her appointment to devote the whole of his or her time to the functions of that office is not disqualified from – (a) holding that office and also the office of Chief Commissioner; or (b) accepting any remuneration payable to the Chief Commissioner. (5) A person appointed to the office of Chief Commissioner is entitled to be paid the remuneration and allowances that are specified in the Chief Commissioner's instrument of appointment. (6) A person appointed to the office of Chief Commissioner who is a State Service officer or State Service employee is not entitled to remuneration or allowances under subsection (5) except with the approval of the Minister administering the State Service Act 2000 . 15B. Vacation of office of Chief Commissioner (1) A person holding the office of Chief Commissioner vacates the office – (a) at the end of the term of his or her appointment; or (b) on his or her resignation from that office under subsection (2) ; or (c) on the revocation of his or her appointment to the office under section 15J . (2) A person holding the office of Chief Commissioner may at any time resign his or her office by notice in writing delivered to the Governor. 15C. Leave of absence The Governor may grant a person holding the office of Chief Commissioner leave of absence from that office on any terms and conditions that the Governor determines. 15D. Acting Chief Commissioner (1) The Governor may appoint a person, who is eligible under this Act for appointment to the office of Chief Commissioner, to act as Chief Commissioner during any particular, or every, period during which the Chief Commissioner is absent. (2) The appointment of an Acting Chief Commissioner under subsection (1) is subject to, and has effect in accordance with, the terms and conditions (including remuneration and allowances) specified in the instrument of appointment. (3) While a person is appointed as Acting Chief Commissioner under subsection (1) – (a) that person is taken to be the Chief Commissioner; and (b) this Act and any other Act applies to that person as if he or she were the Chief Commissioner. (4) An appointment under subsection (1) – (a) may be revoked at any time by the Governor; and (b) is revoked by the return to office of the Chief Commissioner who while absent has been represented by the Acting Chief Commissioner; and (c) is revoked once the person who has been represented by the Acting Chief Commissioner is able to perform the functions of the office of Chief Commissioner again. (5) Anything done by or in relation to a person appointed as Acting Chief Commissioner under subsection (1) is not invalid on the ground that – (a) the occasion for the person's appointment as Acting Chief Commissioner had not arisen; or (b) there is a defect or irregularity in connection with the person's appointment as Acting Chief Commissioner; or (c) the person's appointment as Acting Chief Commissioner ceased to have effect; or (d) the occasion for the person to act as Acting Chief Commissioner had not arisen or had ceased. 15E. Suspension from office of Chief Commissioner (1) The Governor may suspend from office a person holding the office of Chief Commissioner if the Governor is satisfied that the person – (a) except by reason of temporary illness, is, by reason of disability or infirmity, incapable of performing the functions of that office; or (b) has become bankrupt, applied to take or has taken advantage of any law relating to bankruptcy or insolvent debtors, compounded with his or her creditors, or made an assignment of his or her remuneration or estate for their benefit; or (c) has been convicted in Tasmania of – (i) a crime; or (ii) an offence that is punishable by imprisonment for a term of 12 months or more – or has been convicted of a crime, or of an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more. (2) The Governor may suspend from office a person holding the office of Chief Commissioner if the Governor is satisfied that the person has been charged with – (a) a crime; or (b) an offence that is punishable by imprisonment for a term of 12 months or more; or (c) a crime, or an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more. (3) The Governor may suspend from office a person holding the office of Chief Commissioner if the Governor is satisfied that the person – (a) has been guilty of conduct, or an attempt to engage in conduct, which if engaged in by a public officer is misconduct; or (b) has engaged in misbehaviour that brings the office of Chief Commissioner into disrepute. 15F. Minister to lay before each House of Parliament a statement in relation to suspension of person from office of Chief Commissioner If a person is suspended from the office of Chief Commissioner under section 15E , the Minister must cause a statement setting out the grounds for the suspension to be laid before each House of Parliament during the first 7 sitting-days of that House following the suspension, or a longer period allowed by resolution of the House of Parliament before which it is laid. 15G. House of Parliament may confirm or revoke suspension for misconduct or misbehaviour (1) If a person is suspended from the office of Chief Commissioner under section 15E(3) , a House of Parliament, within 30 sitting-days after the day on which a statement is laid before the House under section 15F , or a longer period allowed by resolution of that House of Parliament, may pass a resolution – (a) confirming the suspension; or (b) revoking the suspension. (2) If both Houses of Parliament pass a resolution under subsection (1)(b) revoking the suspension of a person from the office of Chief Commissioner, the suspension of the person from the office of Chief Commissioner is revoked on and from the day on which the resolution is passed by both Houses. 15H. Governor may revoke or vary suspension of person from office of Chief Commissioner (1) The Governor may revoke or vary a suspension imposed under section 15E . (2) If a suspension is revoked or varied under subsection (1) , the Minister must cause a statement setting out the grounds for the revocation or variation to be laid before each House of Parliament during the first 7 sitting-days of that House following the revocation or variation, or a longer period allowed by resolution of the House of Parliament before which it is laid. (3) If a suspension is revoked or varied under subsection (1) , a House of Parliament, within 30 sitting-days after the day on which a statement setting out the grounds for the revocation or variation has been laid before the House under subsection (2) , or a longer period allowed by resolution of that House of Parliament, may pass a resolution – (a) confirming the revocation or variation of the suspension; or (b) revoking the revocation or variation of the suspension. (4) If both Houses of Parliament pass a resolution under subsection (3)(b) – (a) revoking the revocation of a suspension, the suspension is to be taken to continue on and from the day on which the resolution is passed by both Houses until the suspension is revoked, if at all, under this Act; or (b) revoking the variation of a suspension, the variation of the suspension is to be taken to cease on and from the day on which the resolution has been passed by both Houses. 15I. Request for revocation of appointment The Governor may cause to be laid before both Houses of Parliament a statement requesting the Houses of Parliament to revoke the appointment of a person as Chief Commissioner on the grounds for suspension, referred to in section 15E(1) or (3) , that are specified in the statement, if – (a) the Governor is satisfied that the person may be suspended from the office of Chief Commissioner on the grounds, referred to in section 15E(1) or (3) , specified in the statement; and (b) the Governor has suspended the person from office under section 15E on any grounds referred to in that section, whether or not they are the same grounds as the grounds to which the statement relates; and (c) the statement required by section 15F to be laid before both Houses of Parliament in relation to the suspension of the person from the office of Chief Commissioner has been laid before each House; and (d) where the person has been suspended from office under section 15E(3) – the suspension has been confirmed under section 15G(1)(a) . 15J. House of Parliament may revoke appointment or suspension of person from office of Chief Commissioner (1) A House of Parliament, after 10 sitting-days, or a longer period allowed by resolution of the House, after the day on which a statement requesting the Houses of Parliament to revoke the appointment of a person as Chief Commissioner has been laid before the House under section 15I , may resolve – (a) to refuse the request made in the statement and, if the suspension of the person from office has not been revoked, to revoke the suspension; or (b) to revoke the appointment of the person as Chief Commissioner. (2) If both Houses have resolved – (a) under subsection (1)(a) to revoke the suspension of a person from the office of Chief Commissioner, the suspension of the person from the office of Chief Commissioner is revoked; or (b) under subsection (1)(b) to revoke the appointment of a person as Chief Commissioner, the appointment of the person as Chief Commissioner is revoked – on and from the day on which the resolution is passed by both Houses. 15K. Payment of person suspended from office of Chief Commissioner (1) If a person is suspended from the office of Chief Commissioner under section 15E , the Governor is to specify in the instrument of suspension the proportion (which may be all, none or part) of the salary of the Chief Commissioner to which the person is to be entitled in respect of the period of suspension. (2) If a person is suspended from the office of Chief Commissioner under section 15E , the person is not entitled, in respect of the period of suspension, to any more of the salary of the Chief Commissioner, to which, but for the suspension, or any variation of the suspension, the person would be entitled under this Act, than the proportion of that salary that is specified in the instrument of suspension, as so varied, if at all. (3) Despite subsection (2) , if the suspension of a person from the office of Chief Commissioner for a period under section 15E is revoked under section 15G(2) , section 15H(1) or section 15J(2)(a) , the person is entitled to the amount of the salary in respect of the period to which, but for the suspension of the person from the office, the person would be entitled under this Act. 16. Delegation (1) The Board may, by resolution, delegate to a member of the Board, a member of the staff, other than the chief executive officer, of the Integrity Commission or any other person all or any of its functions or powers under this Act or any other Act, other than this power of delegation. (2) The Board may, by resolution, delegate to the chief executive officer any of its functions and powers including this power of delegation. (3) Section 23AA(2) , (3) , (4) , (5) and (8) of the Acts Interpretation Act 1931 apply to a delegation made under subsection (1) . Division 3 - Staff of Integrity Commission Subdivision 1 - Chief executive officer 17. Chief executive officer (1) The chief executive officer is to be appointed by the Governor on the recommendation of the Premier. (2) Before a person is appointed as chief executive officer, the Premier is to consult the Joint Committee. (3) If the members of the Joint Committee have not been appointed or Parliament has been prorogued, the Premier is to consult – (a) the President of the Legislative Council; and (b) the Parliamentary leader of each political party represented in the House of Assembly. (4) The chief executive officer is not eligible to hold the office of member of the Board. (5) The chief executive officer – (a) holds office for such period as is specified in his or her instrument of appointment; and (b) is entitled to such remuneration and allowances as are specified in his or her instrument of appointment; and (c) is taken to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 ; and (d) holds office on such terms and conditions with respect to matters not provided for in this section as are specified in the instrument of appointment. (6) A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of such House of Parliament, is disqualified from being appointed as chief executive officer and, if a person holding the office of chief executive officer becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate. (7) For the purposes of subsection (6) , a person becomes a candidate for election as a member of a House of Parliament when nominated for that election in accordance with the law regulating the election. (8) The chief executive officer is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 . (9) . . . . . . . . (10) . . . . . . . . (11) . . . . . . . . (12) . . . . . . . . (13) Unless the contrary intention appears, an expression used in this section has the same meaning as in the State Service Act 2000 . 18. Responsibilities of chief executive officer (1) The chief executive officer is responsible to the Board for the general administration, management and operations of the Integrity Commission. (2) The chief executive officer – (a) must perform any functions or carry out any responsibilities imposed on the chief executive officer, and may exercise any other powers conferred on the chief executive officer, by this or any other Act; and (b) must carry out any responsibilities, and may perform any functions or exercise any powers, delegated by the Board. (3) The State Service Act 2000 applies to the chief executive officer in his or her capacity as the Head of Agency within the meaning of that Act. 19. Delegation by chief executive officer The chief executive officer may delegate any of his or her responsibilities, functions or powers, other than this power of delegation. Subdivision 2 - Officers, employees and authorised persons 20. Officers and employees Subject to and in accordance with the State Service Act 2000 , persons may be appointed for the purpose of this Act. 21. Authorised persons (1) The chief executive officer may make arrangements with the principal officer of any public authority for a public officer of that authority to be made available to undertake work on behalf of the Integrity Commission. (2) If a person is to be made available under subsection (1) , the chief executive officer is to, by written notice, authorise the person to perform the functions or exercise the powers under this Act that are specified in the notice. (3) An arrangement made under subsection (1) may allow the authorised person to remain an employee of the public authority, but to report to the chief executive officer or other person nominated by the chief executive officer in relation to the work being undertaken on behalf of the Integrity Commission. (4) At the request of the chief executive officer, the Commissioner of Police is to make available, in accordance with an agreement referred to in subsection (10) , police officers to undertake investigations and assist with inquiries on behalf of the Integrity Commission. (5) The chief executive officer may make arrangements with a law enforcement authority (however described) of the Commonwealth or another State or a Territory for officers or employees of that authority to be made available to undertake investigations and assist with inquiries on behalf of the Integrity Commission. (6) If a person is to be made available under subsection (4) or (5) , the chief executive officer is to, by written notice, authorise the person to perform the functions or exercise the powers of an investigator or inquiry officer under this Act. (7) While undertaking work on behalf of the Integrity Commission, an authorised person who is a police officer continues to have the functions and powers of a police officer but reports to the chief executive officer, or other person nominated by the chief executive officer, in relation to the work being undertaken on behalf of the Integrity Commission. (8) Nothing in this section or the Police Service Act 2003 requires a police officer who is made available under subsection (4) to report to, provide information to or take direction from the Commissioner of Police or any senior officer within the meaning of that Act. (9) The Commissioner of Police is to appoint, with or without restrictions, as a special constable any person made available under subsection (5) unless the Commissioner of Police lodges a written objection with the Chief Commissioner stating the grounds of the objection. (10) The Commissioner of Police and the chief executive officer are to enter into a written agreement concerning the provision of police officers to undertake investigations and assist with inquiries on behalf of the Integrity Commission. PART 3 - Relationship with Parliament Division 1 - Preliminary 22. Interpretation: Part 3, Division 1 In this Part – integrity entity does not include the Auditor-General. Division 2 - Joint Standing Committee on Integrity 23. Joint Standing Committee on Integrity (1) The Joint Standing Committee on Integrity is established. (2) The Joint Committee consists of 6 Members of Parliament of whom – (a) 3 are to be Members of the Legislative Council; and (b) 3 are to be Members of the House of Assembly. (3) Of the members of the Joint Committee referred to in subsection (2)(b) , at least one member of any political party that has 3 or more members in the House of Assembly is to be a member of the Joint Committee. (4) The Joint Committee is to be appointed at the commencement of the first session of each Parliament according to the practice regulating the appointment of Members of Parliament to serve on select committees of the Legislative Council and House of Assembly respectively. (5) Schedule 4 has effect with respect to the membership of the Joint Committee. (6) Schedule 5 has effect with respect to the proceedings of the Joint Committee. 24. Functions and powers of Joint Committee (1) The Joint Committee has the following functions: (a) to monitor and review the performance of the functions of an integrity entity; (b) to report to both Houses of Parliament, as it considers appropriate, on the following matters: (i) matters relevant to an integrity entity; (ii) matters relevant to the performance of an integrity entity's functions or the exercise of an integrity entity's powers; (c) to examine the annual reports of an integrity entity and any other report of an integrity entity and report to both Houses of Parliament on any matter appearing in or arising out of such reports; (d) to report to the Legislative Council or House of Assembly on any matter relevant to an integrity entity's functions that is referred to it by the Legislative Council or House of Assembly; (e) to review the functions, powers and operations of the Integrity Commission at the expiration of the period of 3 years commencing on the commencement of this section and to table in both Houses of Parliament a report regarding any action that should be taken in relation to this Act or the functions, powers and operations of the Integrity Commission; (f) to provide guidance and advice relating to the functions of an integrity entity under this Act; (g) to refer any matter to the Integrity Commission for investigation or advice; (h) to comment on proposed appointments to be made under section 14(1)(e) , (f) or (g) , section 15 and section 27 . (2) Nothing in this Part authorises the Joint Committee – (a) to investigate any matter relating to a complaint that is being dealt with by the Integrity Commission; or (b) to review a decision of the Integrity Commission to investigate, not investigate or discontinue an investigation or inquire into or not inquire into a particular complaint; or (c) to make findings, recommendations, determinations or decisions in relation to a particular investigation or inquiry of a complaint that is being or has been dealt with by the Integrity Commission. 25. Resignation A member of the Joint Committee may resign his or her office as a member of the Joint Committee by writing under his or her hand addressed to the presiding officer of the House of Parliament of which the member is a Member of Parliament. 26. Report to Parliament (1) By 30 November in each year the Joint Committee is to make a report of its proceedings under this Act and cause a copy of the report to be laid before both Houses of Parliament. (2) If the Joint Committee is unable to comply with subsection (1) because a House of Parliament is not sitting on 30 November in any year, the Joint Committee is to on or before that day, provide a copy of the report to the Clerk of the Legislative Council and the Clerk of the House of Assembly. (3) Upon presentation to the Clerk of the Legislative Council and the Clerk of the House of Assembly the report is taken to have been laid before each House of Parliament and ordered to be printed. (4) The Clerk of the Legislative Council and the Clerk of the House of Assembly are to cause a copy of the report to be laid before each House of Parliament within the first 3 sitting-days after receipt of the report. Division 3 - Parliamentary standards 27. Parliamentary Standards Commissioner (1) The office of Parliamentary Standards Commissioner is established. (2) Before a person is appointed as Parliamentary Standards Commissioner, the Minister is to consult the Joint Committee. (3) If the members of the Joint Committee have not been appointed or Parliament has been prorogued, the Minister is to consult – (a) the President of the Legislative Council; and (b) the Parliamentary leader of each political party represented in the House of Assembly. (4) . . . . . . . . (5) A person is not eligible to be appointed as Parliamentary Standards Commissioner if that person is a member of a political party or a member of a similar organisation. (6) The Parliamentary Standards Commissioner is to be appointed by the Governor for a 5-year term and is eligible for reappointment once. (7) The Parliamentary Standards Commissioner holds office on such terms and conditions as are specified in his or her instrument of appointment. (8) For the avoidance of doubt, the Parliamentary Standards Commissioner may be appointed on a part-time basis. (9) The Parliamentary Standards Commissioner may not be an officer or employee under the State Service Act 2000 . (10) The Parliamentary Standards Commissioner is not subject to the direction or control of the Minister in respect of the performance or exercise of his or her functions or powers under this Act. 28. Function of Parliamentary Standards Commissioner (1) The function of the Parliamentary Standards Commissioner is to provide advice to Members of Parliament and the Integrity Commission – (a) about conduct, propriety and ethics and the interpretation of any relevant codes of conduct and guidelines relating to the conduct of Members of Parliament; and (b) relating to the operation of the Parliamentary disclosure of interests register, declarations of conflicts of interest register and any other register relating to the conduct of Members of Parliament; and (c) relating to guidance and training for Members of Parliament and persons employed in the offices of Members of Parliament on matters of conduct, integrity and ethics; and (d) relating to the operation of any codes of conduct and guidelines that apply to Members of Parliament. (2) The advice provided under subsection (1) may be provided by the Parliamentary Standards Commissioner on a confidential basis. 29. Restriction of functions of Parliamentary Standards Commissioner The Parliamentary Standards Commissioner is not to be involved in the assessment or investigation of, or any inquiry in relation to, a complaint under this Act, if the Parliamentary Standards Commissioner has provided advice about a matter that relates to that complaint. 30. Functions of chief executive officer in relation to Members of Parliament The chief executive officer is to – (a) monitor the operation of the Parliamentary disclosure of interests register, declarations of conflicts of interest register and any other register relating to the conduct of Members of Parliament; and (b) prepare guidance and provide training for Members of Parliament and persons employed in the offices of Members of Parliament on matters of conduct, integrity and ethics; and (c) review, develop and monitor the operation of any codes of conduct and guidelines that apply to Members of Parliament; and (d) where appropriate, propose to a Parliamentary integrity entity possible modifications of any code of conduct or guidelines. PART 4 - Educative, Preventative and Advisory Functions of Commission 31. Educative, preventative and advisory functions The Integrity Commission has the following educative, preventative and advisory functions: (a) to take such steps as the Integrity Commission considers necessary to uphold, promote and ensure adherence to standards of conduct, propriety and ethics in public authorities; (b) to review and make recommendations about practices, procedures and standards in relation to conduct, propriety and ethics in public authorities and to evaluate their application within those authorities; (c) to provide advice to public officers and the public about standards of conduct, propriety and ethics in public authorities; (d) to consult with, and provide assistance to, principal officers of public authorities in relation to the development and implementation of codes of conduct relevant to those authorities; (e) to evaluate the adequacy of systems and procedures in public authorities for ensuring compliance with relevant codes of conduct; (f) to develop and coordinate education and training programs for public authorities in relation to ethical conduct; (g) to enter into contracts, agreements and partnerships with other entities to support its educative, preventative and advisory functions; (h) undertake research into matters related to ethical conduct and investigatory processes; (i) to prepare information and material and provide educative resources to increase awareness of ethical conduct in the community. 32. Public officers to be given education and training relating to ethical conduct (1) The principal officer of a public authority is to ensure that public officers of the public authority are given appropriate education and training relating to ethical conduct. (2) In particular, the education and training must relate to – (a) the operation of this Act and any Act that relates to the conduct of the public officer; and (b) the application of ethical principles and obligations to public officers; and (c) the content of any code of conduct that applies to the public authority; and (d) the rights and obligations of public officers in relation to contraventions of any code of conduct that applies to public officers. PART 5 - Complaints Division 1 - Receipt of complaints 33. Complaints (1) A complaint is to be made in writing to the Integrity Commission by a person about alleged misconduct in a manner and form approved by the Board. (1A) A complaint under subsection (1) may be made anonymously. (2) A complaint under subsection (1) may be made about a person who was a public officer at the time the alleged misconduct specified in the complaint occurred, whether or not that person is a public officer when the complaint is made. 34. Registration of complaints (1) On receipt of a complaint, the Integrity Commission must enter the details of the complaint in a register of complaints. (2) The register of complaints is to be in a form approved by the Board. Division 2 - Actions on receipt of complaint 35. Assessment of complaint (1) On receipt of a complaint, the chief executive officer may – (a) dismiss the complaint under section 36 ; or (b) accept the complaint for assessment; or (c) refer the complaint to an appropriate person for action; or (d) recommend to the Board 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. (2) If the chief executive officer accepts a complaint for assessment, the chief executive officer is to appoint an assessor to assess the complaint as to whether the complaint should be accepted for investigation. (3) If the assessor conducts an assessment in relation to a complaint about a public officer, the assessor may, if he or she considers it appropriate, give written notice of his or her intention to conduct the assessment to – (a) the principal officer of the relevant public authority; and (b) the complainant; and (c) any public officer to whom the complaint relates. (4) In conducting an assessment under subsection (3) , the assessor may exercise any of the powers of an investigator under Part 6 if the assessor considers it is reasonable to do so. (5) Section 98 applies to a notice under subsection (3) if the notice provides that it is a confidential document. (6) In referring the complaint to an appropriate person under subsection (1)(c) , the chief executive officer may also – (a) require the person to provide a report on what action the person intends to take in relation to the complaint; or (b) monitor any action taken by the person in relation to the complaint; or (c) audit an action taken by the person in relation to the complaint. 36. Dismissal of complaint (1) The chief executive officer may dismiss a complaint for investigation if he or she considers that – (a) it is frivolous or vexatious; or (b) it was not made in good faith; or (c) it lacks substance or credibility; or (d) it does not relate to the functions of the Integrity Commission; or (e) investigating the complaint would be an unjustifiable use of resources; or (f) it is not in the public interest for the Integrity Commission to investigate the complaint; or (g) in the case of a complaint about misconduct occurring after the commencement of this section, if the complainant had had knowledge of the subject matter of the complaint for more than a year and fails to give a satisfactory explanation for the delay in making the complaint. (2) Factors which the chief executive officer may consider in determining the public interest under subsection (1)(f) include, but are not limited to – (a) the nature and seriousness of the alleged misconduct; and (b) the time that has elapsed since the alleged misconduct occurred; and (c) the availability of evidence and the recollection of any witnesses; and (d) the likely degree of culpability, in connection with the alleged misconduct, of any public officer about whom the complaint has been made; and (e) whether the alleged misconduct could be of significant public concern; and (f) whether the alleged misconduct has been previously investigated and appropriately dealt with; and (g) whether the alleged misconduct is being appropriately dealt with; and (h) the sanctions available to deal with the alleged misconduct; and (i) whether the alleged misconduct may be indicative of, or may expose, entrenched or systemic behaviour. (3) The applicability of and weight to be given to other relevant factors specified in subsection (2) and any other factors depend on the particular circumstances of each complaint. 37. Report of assessor (1) On completion of an assessment or review of a complaint, the assessor is to prepare a report of his or her assessment and forward that report to the chief executive officer. (2) The report of the assessor is to recommend that the complaint – (a) be dismissed under section 36 or not accepted; or (b) be referred to the principal officer of any relevant public authority for investigation and action; or (c) be referred to an appropriate integrity entity for investigation and action; or (d) be referred to a Parliamentary integrity entity for investigation and action; or (e) be referred to the Commissioner of Police for investigation if the assessor considers a crime or other offence may have been committed; or (f) be referred to any other person who the assessor considers appropriate for investigation and action; or (g) be investigated by the Integrity Commission. (3) In making his or her recommendation to the chief executive officer, the assessor may consider any or all of the following: (a) the principles of operation of the Integrity Commission specified in section 9 ; (b) the nature and seriousness of the alleged misconduct if it were to be proven; (c) the capacity of any relevant public authority to investigate the complaint; (d) whether it is in the public interest, or is likely to increase public confidence, for the Integrity Commission to investigate the complaint; (e) any other matters the assessor considers relevant. 38. Actions of chief executive officer on receipt of assessm