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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2025-03-20 Daily Xml
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Independent Commission Against Corruption (Conditions of Appointment - Integrity Measures) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 6 March 2025.)

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (16:56): I thank honourable members for their contributions and indications of support on this bill. The Hon. Frank Pangallo read out a letter as part of his second reading contribution, which contained a number of points I would like to address briefly.

Following the appointment of Ms Emma Townsend as the ICAC commissioner, Ms Townsend resigned from her office as Director of the Office for Public Integrity (OPI), effective 3 February 2025. Ms Vanessa Burrows was appointed as acting director for a term commencing 3 February 2025, pursuant to section 18 of the ICAC Act. The letter read by the Hon. Frank Pangallo asserted that neither the assistant director nor the acting director of OPI are statutory officers under the ICAC Act.

I am advised that section 41 of the Legislation Interpretation Act permits the appointment of a person to act in an office where that office is vacant. A person appointed to act in an office has all the functions of the holder of the office. As for the assistant director, this is not a statutory office under the ICAC Act, but is the title of a public sector employee position assigned to OPI.

The Hon. Frank Pangallo raised the matter of the provisions of the ICAC Act for a deputy commissioner. I can confirm this matter is being actively considered. As to confidentiality provisions in the ICAC Act, I am advised that section 54 provides for prohibitions relating to the publication of information in relation to certain matters under the ICAC Act. Relevantly, section 54(5) provides that a person must not, without authorisation, publish, or cause to be published, certain information, including the fact that a person has made or may be about to make a complaint or report under the ICAC Act.

Finally, as a matter of minor clarification, I am advised that the effect of section 11 of the Judges' Pensions Act is that judges are entitled to 50 per cent of their salary at five years' service, not 40 per cent. I thank members for their contributions on this bill.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (17:00): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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