(1) Corrupt conduct is:
(a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority, or (b) any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions, or (c) any conduct of a public official or former public official that constitutes or involves a breach of public trust, or (d) any conduct of a public official or former public official that involves the misuse of information or material that he or she has acquired in the course of his or her official functions, whether or not for his or her benefit or for the benefit of any other person. (2) Corrupt conduct is also any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by any public official, any group or body of public officials or any public authority and which could involve any of the following matters:
(a) official misconduct (including breach of trust, fraud in office, nonfeasance, misfeasance, malfeasance, oppression, extortion or imposition), (b) bribery, (c) blackmail, (d) obtaining or offering secret commissions, (e) fraud, (f) theft, (g) perverting the course of justice, (h) embezzlement, (i) election bribery, (j) election funding offences, (k) election fraud, (l) treating, (m) tax evasion, (n) revenue evasion, (o) currency violations, (p) illegal drug dealings, (q) illegal gambling, (r) obtaining financial benefit by vice engaged in by others, (s) bankruptcy and company violations, (t) harbouring criminals, (u) forgery, (v) treason or other offences against the Sovereign, (w) homicide or violence, (x) matters of the same or a similar nature to any listed above, (y) any conspiracy or attempt in relation to any of the above.
(1) Despite section 8, conduct does not amount to corrupt conduct unless it could constitute or involve:
(a) a criminal offence, or (b) a disciplinary offence, or (c) reasonable grounds for dismissing, dispensing with the services of or otherwise terminating the services of a public official, or (d) in the case of conduct of a Minister of the Crown or a member of a House of Parliament—a substantial breach of an applicable code of conduct. (2) It does not matter that proceedings or action for such an offence can no longer be brought or continued, or that action for such dismissal, dispensing or other termination can no longer be taken.
(1) Any person may make a complaint to the Commission about a matter that concerns or may concern corrupt conduct.
(1) The principal functions of the Commission are as follows:
(a) to investigate any allegation or complaint that, or any circumstances which in the Commission’s opinion imply that:
(i) corrupt conduct, or (ii) conduct liable to allow, encourage or cause the occurrence of corrupt conduct, or (iii) conduct connected with corrupt conduct, may have occurred, may be occurring or may be about to occur, (b) to investigate any matter referred to the Commission by both Houses of Parliament, (c) to communicate to appropriate authorities the results of its investigations, (d) to examine the laws governing, and the practices and procedures of, public authorities and public officials, in order to facilitate the discovery of corrupt conduct and to secure the revision of methods of work or procedures which, in the opinion of the Commission, may be conducive to corrupt conduct, (e) to instruct, advise and assist any public authority, public official or other person (on the request of the authority, official or person) on ways in which corrupt conduct may be eliminated, (f) to advise public authorities or public officials of changes in practices or procedures compatible with the effective exercise of their functions which the Commission thinks necessary to reduce the likelihood of the occurrence of corrupt conduct, (g) to co-operate with public authorities and public officials in reviewing laws, practices and procedures with a view to reducing the likelihood of the occurrence of corrupt conduct, (h) to educate and advise public authorities, public officials and the community on strategies to combat corrupt conduct, (i) to educate and disseminate information to the public on the detrimental effects of corrupt conduct and on the importance of maintaining the integrity of public administration, (j) to enlist and foster public support in combating corrupt conduct, (k) to develop, arrange, supervise, participate in or conduct such educational or advisory programs as may be described in a reference made to the Commission by both Houses of Parliament.
(1) Other functions of the Commission are as follows:
(a) to assemble evidence that may be admissible in the prosecution of a person for a criminal offence against a law of the State in connection with corrupt conduct and to furnish any such evidence to the Director of Public Prosecutions, (b) to furnish other evidence obtained in the course of its investigations (being evidence that may be admissible in the prosecution of a person for a criminal offence against a law of another State, the Commonwealth or a Territory) to the Attorney General or to the appropriate authority of the jurisdiction concerned. (1A) Evidence of the kind referred to in subsection (1) (b) may be accompanied by any observations that the Commission considers appropriate and (in the case of evidence furnished to the Attorney General) recommendations as to what action the Commission considers should be taken in relation to the evidence.
(1) In exercising its principal functions relating to the investigation of conduct, the Commission:
(a) shall, as far as practicable, work in co-operation with law enforcement agencies, and (b) may work in co-operation with the Auditor-General, the Ombudsman, the Australian Crime Commission, the Australian Bureau of Criminal Intelligence and such other persons and bodies as the Commission thinks appropriate.
(1) The Commission may do any or all of the following:
(a) commence, continue, discontinue or complete any investigation, (b) furnish reports in connection with any investigation, (c) do all such acts and things as are necessary or expedient for those purposes, despite any proceedings that may be in or before any court, tribunal, warden, coroner, Magistrate or other person.
(1) A hearing may be held in public or in private, or partly in public and partly in private, as decided by the Commission.
(1) The Commissioner may summon a person to appear before the Commission at a hearing at a time and place named in the summons:
(a) to give evidence, or (b) to produce such documents or other things (if any) as are referred to in the summons, or both. (2) The person presiding at a hearing before the Commission may require a person appearing at the hearing to produce a document or other thing.
(1) If a person served with a summons to attend the Commission as a witness fails to attend in answer to the summons, the Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness. (2) If the Commissioner is satisfied by evidence on oath or affirmation that it is probable that a person whose evidence is desired and is necessary and relevant to an investigation under this Act:
(a) will not attend before the Commission to give evidence without being compelled to do so, or (b) is about to or is making preparations to leave the State and the person’s evidence will not be obtained by the Commission if the person departs, the Commissioner may issue a warrant for the arrest of the person. (3) The Commissioner is authorised to administer an oath or affirmation for the purposes of subsection (2).
(1) A witness summoned to attend or appearing before the Commission at a hearing is not entitled to refuse:
(a) to be sworn or to make an affirmation, or (b) to answer any question relevant to an investigation put to the witness by the Commissioner or other person presiding at a hearing, or (c) to produce any document or other thing in the witness’s custody or control which the witness is required by the summons or by the person presiding to produce. (2) A witness summoned to attend or appearing before the Commission at a hearing is not excused from answering any question or producing any document or other thing on the ground that the answer or production may incriminate or tend to incriminate the witness, or on any other ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground.
(1) If the Commissioner requires the attendance at a hearing before the Commission of a prisoner, the Commissioner may, by order in writing served on the governor of the prison in whose custody the prisoner is, direct the governor to produce the prisoner, or have the prisoner produced, at the time and place stated in the order.
(1) The Commission may recommend to the Attorney General that a person be granted (under section 32 of the ) an indemnity from prosecution. Criminal Procedure Act 1986
(1) If it appears to the Commissioner that, because a person is assisting the Commission, the safety of the person or any other person may be prejudiced or the person or any other person may be subject to intimidation or harassment, the Commissioner may make such arrangements as are necessary:
(a) to protect the safety of any such person, or (b) to protect any such person from intimidation or harassment. (2) In this section, a reference to a person who is assisting the Commission is a reference to a person who:
(a) has appeared, is appearing or is to appear before the Commission to give evidence or to produce a document or other thing, or (b) has produced or proposes to produce a document or other thing to the Commission under this Act, or (c) has assisted, is assisting or is to assist the Commission in some other manner.
(1) A witness who is appearing or about to appear before the Commission may apply to the Attorney General for legal or financial assistance.
(1) The Minister is to refer a proposal to appoint a person as Commissioner to the Joint Committee and the Committee is empowered to veto the proposed appointment as provided by this section. The Minister may withdraw a referral at any time.
(1) The procedure for the calling of meetings of the Joint Committee and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Committee. (2) The Clerk of the Legislative Assembly shall call the first meeting of the Joint Committee in each Parliament in such manner as the Clerk thinks fit. (3) At a meeting of the Joint Committee, 6 members constitute a quorum, but the Committee shall meet as a joint committee at all times.
(1) Where any evidence proposed to be given before, or the whole or a part of a document produced or proposed to be produced in evidence to, the Joint Committee relates to a secret or confidential matter, the Committee may, and at the request of the witness giving the evidence or producing the document shall:
(a) take the evidence in private, or (b) direct that the document, or the part of the document, be treated as confidential. (1A) If any evidence proposed to be given before, or the whole or a part of a document produced or proposed to be produced in evidence to, the Joint Committee relates to the proposed appointment of a person as Commissioner, the Committee must (despite any other provision of this section):
(a) take the evidence in private, or (b) direct that the document, or the part of the document, be treated as confidential. (1B) Despite any other provision of this section except subsection (6), the Joint Committee must not, and a person (including a member of the Committee) must not, disclose any evidence or the contents of a document or that part of a document to which subsection (1A) applies. Maximum penalty: 20 penalty units or imprisonment for 3 months, or both. (1C) Despite any other provision of this section except subsection (6), the Joint Committee (including a member of the Committee) must not, and any person assisting the Committee or present during the deliberations of the Committee must not, except in accordance with section 64A (3), disclose whether or not the Joint Committee or any member of the Joint Committee has vetoed, or proposes to veto, the proposed appointment of a person as Commissioner. Maximum penalty: 20 penalty units or imprisonment for 3 months, or both.
(1) The functions of the designated committee are:
(a) to prepare for consideration by the Legislative Council draft codes of conduct for members of the Legislative Council and draft amendments to codes of conduct already adopted, and (b) to carry out educative work relating to ethical standards applying to members of the Legislative Council, and (c) to give advice in relation to such ethical standards in response to requests for advice by the Legislative Council, but not in relation to actual or alleged conduct of any particular person. (2) The designated committee may seek comments from the public in relation to any of its functions under this section.
(1) The functions of the designated committee are:
(a) to prepare for consideration by the Legislative Assembly draft codes of conduct for members of the Legislative Assembly and draft amendments to codes of conduct already adopted, and (b) to carry out educative work relating to ethical standards applying to members of the Legislative Assembly, and (c) to give advice in relation to such ethical standards in response to requests for advice by the Legislative Assembly, but not in relation to actual or alleged conduct of any particular person. (1A) The designated committee may appoint any member of the public for the purpose of assisting the committee to carry out any of its functions under this section in relation to a code of conduct.
(1) Both Houses of Parliament may, by resolution of each House, refer to the Commission any matter as referred to in section 13.
(1) The Commission may prepare reports in relation to any matter that has been or is the subject of an investigation. (2) The Commission shall prepare reports in relation to a matter referred to the Commission by both Houses of Parliament, as directed by those Houses. (3) The Commission shall prepare reports in relation to matters as to which the Commission has conducted a public hearing, unless the Houses of Parliament have given different directions under subsection (2).
(1) The Commission is authorised to include in a report under section 74:
(a) statements as to any of its findings, opinions and recommendations, and (b) statements as to the Commission’s reasons for any of its findings, opinions and recommendations.
(1) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the making of a proclamation under the that all civic offices in relation to a local government authority be declared vacant if the Commission is of the opinion that systemic corruption exists within the local government authority. Local Government Act 1993 (2) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension of a councillor from civic office under the with a view to his or her dismissal for serious corrupt conduct. Local Government Act 1993 (3) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension from duty of a member of the staff of a local government authority with a view to the institution of disciplinary or criminal proceedings against the member of staff for serious corrupt conduct.
(1) A person who, knowing that any document or other thing is or may be required in connection with an investigation, wilfully destroys it or renders it incapable of identification or, in the case of a document, renders it illegible, indecipherable or unusable, with intent to prevent it from being used in connection with the investigation, is guilty of an indictable offence. Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(1) Any contempt of the Commission under section 98 may be punished in accordance with this section. (2) The Commissioner may certify the contempt in writing to the Supreme Court.
(1) In the case of any alleged contempt of the Commission, the Commissioner may summon the offender to appear before the Commission at a time and place named in the summons to show cause why the offender should not be dealt with under section 99 for the contempt. (2) If the offender fails to attend before the Commission in obedience to the summons, and no reasonable excuse to the satisfaction of the Commissioner is offered for the failure, the Commissioner may, on proof of the service of the summons, issue a warrant to arrest the offender and bring the offender before the Commissioner to show cause why the offender should not be dealt with under section 99 for the contempt. (3) If a contempt of the Commission is committed in the face or hearing of the Commission, no summons need be issued against the offender, but the offender may be taken into custody in a prison or elsewhere then and there by a member of the Police Force and called upon to show cause why the offender should not be dealt with under section 99 for the contempt.
(1) The Commissioner may by order release an offender detained under section 100 at any time before the offender is brought before the Supreme Court.
(1) A Commission investigator who is a seconded police officer has and may exercise all the functions (including powers, immunities, liabilities and responsibilities) that a police officer of the rank of constable duly appointed under the has and may exercise under any law of the State (including the common law and this Act). Police Service Act 1990
(1) The Commission may employ a Director of Operations, a Director of Administration and such other staff as may be necessary to enable the Commission to exercise its functions. (2) The Director of Operations and Director of Administration shall be appointed for terms not exceeding 5 years, but are eligible for re-appointment. (3) The Commission may, with the concurrence of the Minister, fix the salaries, wages, allowances and conditions of employment of any such staff in so far as they are not fixed by or under another Act or law. (4) The Commission may:
(a) with the approval of the Minister responsible for the department, office or authority concerned, and (b) on such terms and conditions as may be approved by the Minister administering this provision, arrange for the use (by secondment or otherwise) of the services of any staff or facilities of a government department, administrative office or public authority. (5) The Commission may:
(a) with the approval of the Minister for Police after that Minister has consulted the Commissioner of Police, and (b) on such terms and conditions as may be approved by the Minister administering this provision, arrange for one or more members of the Police Force to be made available (by way of secondment or otherwise) to perform services for the Commission. (6) The Commission may engage any suitably qualified person to provide the Commission with services, information or advice.
(1) No matter or thing done by the Commission, the Commissioner or any person acting under the direction of the Commission or Commissioner shall, if the matter or thing was done in good faith for the purpose of executing this or any other Act, subject the Commissioner or a person so acting personally to any action, liability, claim or demand. (2)
(1) This section applies to:
(a) a person who is or was an officer of the Commission, and (b) a person who is or was a legal practitioner appointed to assist the Commission or who is or was a person who assists, or performs services for or on behalf of, such a legal practitioner in the exercise of the legal practitioner’s functions as counsel to the Commission, and (c) a person who is or was a member of the Operations Review Committee, and (d) a person or body referred to in section 14 (3), 16 (4) or 53 (6). (2) A person to whom this section applies shall not, directly or indirectly, except for the purposes of this Act or otherwise in connection with the exercise of the person’s functions under this Act:
(a) make a record of any information, or (b) divulge or communicate to any person any information, being information acquired by the person by reason of, or in the course of, the exercise of the person’s functions under this Act. Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(1) Except where otherwise expressly provided by this Act, proceedings for an offence against this Act or the regulations shall be dealt with summarily before a Local Court.
(Section 103)
(Section 60 (2))
(Section 104 (11))
(Section 117A)