Independent Commissioner Against Corruption (Miscellaneous) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 3, line 23 [clause 4, inserted subsection (2)(b)]—

Delete 'the public authority concerned' and substitute 'a public authority'

No. 2. New clauses, page 5, after line 8—After clause 8 insert:

8A—Amendment of section 18—Organisational structure

Section 18—after subsection (4) insert:

(5) Where this or any other Act confers a power on the Office or requires that the Office perform any function (including requiring that the Office make a determination, or form an opinion, as to any matter)—

(a) the power or function may only be exercised or performed by a person who is authorised to do so on behalf of the Office by the Commissioner; and

(b) the exercise of that power or the performance of that function by a person so authorised will be taken to be the exercise of that power or the performance of that function by the Office.

8B—Amendment of section 23—Assessment

Section 23(1)—delete 'recommendations must be made to the Commissioner accordingly' and substitute:

a determination made as to whether or not action should be taken to refer the matter or to make recommendations to the Commissioner

No. 3. Clause 11, page 6, after line 11—After subclause (2) insert:

(3) Section 36(7) and (8)—delete subsections (7) and (8) and substitute:

(7) The Commissioner may at any time—

(a) revoke a referral to a public authority; or

(b) revoke or vary directions or guidance given to a public authority or give further directions or guidance,

as the Commissioner sees fit.

(8) If—

(a) a referral of a matter by the Commissioner under this section included a requirement that the public authority submit a report or reports on action taken in respect of the matter; and

(b) the Commissioner is not satisfied that a public authority has duly and properly taken action in relation to the matter,

the Commissioner must inform the authority of the grounds of the Commissioner's dissatisfaction and give the authority an opportunity to comment within a specified time.

No. 4. Clause 15, page 7, lines 23 to 31 [clause 15(1)]—Delete all words in these lines

No. 5. Clause 15, page 7, after line 32 [clause 15(2)]—Insert:

(1a) The Commissioner must not—

(a) prepare a report under this section setting out findings or recommendations resulting from a completed investigation into a potential issue of corruption in public administration unless—

(i) all criminal proceedings arising from that investigation are complete; or

(ii) the Commissioner is satisfied that no criminal proceedings will be commenced as a result of the investigation, in which case the report must not identify any person involved in the investigation; or

(b) prepare a report under this section setting out findings or recommendations resulting from a completed investigation into a potential issue of misconduct or maladministration in public administration that identifies any person involved in the particular matter or matters the subject of the investigation unless the person consents.

No. 6. Clause 20, page 9, after line 24 [clause 20, inserted section 54(3)]—After paragraph (b) insert:

(c) the information relates to the person and is disclosed by the person to a close family member of the person.

No. 7. Clause 20, page 9, after line 25 [clause 20, inserted section 54]—After subsection (3) insert:

(4) For the purposes of subsection (3)(c), a person is a close family member of another person if—

(a) 1 is a spouse of the other or is in a close personal relationship with the other; or

(b) 1 is a parent or grandparent of the other (whether by blood or by marriage); or

(c) 1 is a brother or sister of the other (whether by blood or by marriage); or

(d) 1 is a guardian or carer of the other.

No. 8. Clause 21, page 9, line 31 [clause 21, inserted subsection (1)]—Delete 'under this Act' and substitute:

in relation to suspected corruption, misconduct or maladministration in public administration

No. 9. Clause 21, page 9, line 33 [clause 21, inserted subsection (1)(a)]—

Delete 'under this Act' and substitute:

in relation to suspected corruption, misconduct or maladministration in public administration

No. 10. Clause 21, page 9, line 40 [clause 21, inserted subsection (1)(b)(ii)]—After 'action' insert:

in relation to suspected corruption, misconduct or maladministration in public administration

No. 11. Clause 21, page 10, lines 2 and 3 [clause 21, inserted subsection (1)(b)]—

Delete 'as the investigation under this Act'

No. 12. Clause 21, page 10, lines 5, 6 and 7 [clause 21, inserted subsection (1)(c)]—

Delete 'obtained by the exercise of powers under this Act and not' and substitute 'not obtained'

No. 13. Clause 21, page 10, line 9 [clause 21, inserted subsection (1a)]—

Delete 'under this Act' and substitute:

in relation to suspected corruption, misconduct or maladministration in public administration

No. 14. Clause 23, page 13, line 7 [clause 23, inserted Schedule 3, clause 4(6)(b)]—

Delete 'Commissioner' and substitute 'claimant'

Consideration in committee.

The Hon. J.R. RAU: I bring glad tidings. I move:

That the Legislative Council's amendments be agreed to.

In circumstances that I do not encounter that often, I report that I am delighted with the work of the other place and I accept all of their amendments—

Members interjecting:

The Hon. J.R. RAU: —in relation to this particular matter.

Members interjecting:

The CHAIR: Order! If there is no further debate, deputy leader.

Ms CHAPMAN: I would like to endorse the remarks of the Attorney in appreciating the good work of the Legislative Council in dealing with this matter. There is no question that our Independent Commission Against Corruption is an important entity and its commissioner has made a number of recommendations to the parliament which, in this instance, have been accepted by the government and progressed. It is disappointing that important areas of reform recommended by the commission, including the right for the public to go to public when there is no action by the government, has not been heeded but we will fight on to another day.

Motion carried.