Independent Commission Against Corruption Regulation 2010

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Independent Commission Against Corruption Regulation 2010.

2 Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation replaces the Independent Commission Against Corruption Regulation 2005, which is repealed by clause 21.

3 Definitions

(1)  In this Regulation:

affiliated health organisation has the same meaning as it has in the Health Services Act 1997.

approved means approved for the time being by the Commissioner.

associated person is defined in clause 4.

dependent child of a person means anyone who is under the age of 18 years and is a child of the person or of the person’s spouse.

financial interest, in relation to an officer of the Commission or an applicant for a position as an officer of the Commission, means:

(a)  any pecuniary interest or other matter, referred to in section 110 (a) (i)–(xi) of the Act, that relates to the officer or applicant, or

(b)  any such interest or other matter that relates to a person who is associated with the officer or applicant.

spouse means:

(a)  a husband or wife, or

(b)  a de facto partner,

but where more than one person would so qualify as a spouse, means only the last person so to qualify.

Note—

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

statutory health corporation has the same meaning as it has in the Health Services Act 1997.

the Act means the Independent Commission Against Corruption Act 1988.

(2)  For the purposes of section 110 (a) (xii) of the Act, the pecuniary interests or other matters referred to in paragraph (b) of the definition of financial interest in subclause (1) are specified.

(3)  Notes included in this Regulation do not form part of this Regulation.

4 Associated persons

(1)  In this Regulation, a reference to a person who is associated with an officer of the Commission, or an applicant for a position as an officer of the Commission, is a reference to:

(a)  in the case of an officer or applicant who is an individual, any of the individual’s family or business associates, or

(b)  in the case of an officer or applicant that is a company engaged under section 104B of the Act:

(i)  any of the company’s key personnel, or

(ii)  any of those key personnel’s family or business associates, or

(iii)  any of the company’s related bodies corporate (within the meaning of the Corporations Act 2001 of the Commonwealth).

(2)  For the purposes of this clause:

(a)  the following persons are an individual’s family associates:

(i)  the individual’s spouse,

(ii)  the individual’s dependent children,

(iii)  such other members of the individual’s household or family as the Commissioner may specify in respect of a particular individual or class of individuals, and

(b)  the following persons are an individual’s business associates:

(i)  the individual’s employer,

(ii)  any such employer’s key personnel (in the case of an employer that is a company),

(iii)  the individual’s partners in any partnership of which the individual is a member,

(iv)  such employees of any such partnership, and such other persons having contractual relationships with the partnership, as the Commissioner may specify in respect of a particular partnership or class of partnerships,

(v)  the individual’s employees,

(vi)  such other persons having contractual relationships with the individual as the Commissioner may specify in respect of a particular individual or class of individuals, and

(c)  the following persons are a company’s key personnel:

(i)  the directors of the company,

(ii)  the secretary of the company,

(iii)  such officers or employees of the company, such shareholders in the company and such other persons having contractual relationships with the company as the Commissioner may specify in respect of a particular company or class of companies.

Part 2 Security

5 Disclosure of certain information

(1)  The Commissioner may at any time require an officer of the Commission, or an applicant for a position as an officer of the Commission, to furnish to the Commissioner a statement of personal particulars, in the approved form, in relation to:

(a)  the officer or applicant, or

(b)  any other person who is associated with the officer or applicant.

(2)  The statement must be accompanied by an authority for the release of information, and a consent to conduct inquiries, each in the approved form and each duly executed by the person to whom the statement relates.

(3)  An officer or applicant who is required to furnish to the Commissioner one or more statements under this clause must, when furnishing that statement or those statements, also furnish the Commissioner with a statutory declaration, in the approved form, concerning the officer’s or applicant’s association (if any) with known or reputed criminals.

6 Production of certain documents

(1)  The Commissioner may require an officer of the Commission, or an applicant for a position as an officer of the Commission, to furnish to the Commissioner such of the documents referred to in subclause (2) or (3) relating to:

(a)  the officer or applicant, or

(b)  any other person who is associated with the officer or applicant,

as are in the possession of the officer or applicant or to which the officer or applicant has an immediate right of possession.

(2)  The documents to be furnished in the case of an individual are as follows:

(a)  a birth certificate or a duly certified extract of a birth certificate,

(b)  a marriage certificate or a duly certified extract of a marriage certificate,

(c)  a current passport,

(d)  a current driver’s licence,

(e)  a duly certified copy of any registered deed by which the individual has formally changed the individual’s name,

(f)  a certificate of naturalisation,

(g)  a certificate of discharge from the Defence Force,

(h)  a certificate evidencing the individual’s educational, professional or trade qualifications,

(i)  the most recent income tax return lodged by, and the most recent income tax assessment issued in relation to, the individual.

(3)  The documents to be furnished in the case of a company or partnership engaged under section 104B of the Act are as follows:

(a)  a copy of the constitution of the company or of the agreement establishing the partnership,

(b)  the most recent annual report of the company or partnership,

(c)  the most recent audited financial statement in relation to the company or partnership,

(d)  the most recent income tax return lodged by, and the most recent income tax assessment issued in relation to, the company or the several partners in the partnership.

7 Fingerprints to be furnished

(1)  The Commissioner may require an officer of the Commission, or an applicant for a position as an officer of the Commission, to furnish to the Commissioner an imprint of the officer’s or applicant’s fingerprints.

(2)  If the officer or applicant is a company or partnership engaged or to be engaged under section 104B of the Act, the Commissioner may require the officer or applicant to furnish to the Commissioner an imprint of the fingerprints of:

(a)  any specified associate of the company, or

(b)  any specified associate of a partner in the partnership.

(3)  Fingerprint imprints obtained by the Commission from an applicant, or an associate of an applicant, are to be destroyed within 6 months after the application is determined unless, within that time, the applicant becomes an officer of the Commission.

(4)  Fingerprint imprints obtained by the Commission from an officer, or an associate of an officer, are to be destroyed within 6 months after the officer ceases to be an officer.

(5)  In the case of an officer:

(a)  who is under investigation by the Commission when the officer ceases to be an officer, or

(b)  who becomes subject to such an investigation within 6 months after ceasing to be an officer,

the Commission may retain the fingerprint imprints of the officer, or of any associate of the officer, for such further period as is necessary to complete the investigation and any legal proceedings arising from the investigation.

8 Changes in personal particulars to be notified

An officer of the Commission who becomes aware of any significant change in the personal particulars in relation to:

(a)  the officer, or

(b)  any person who is associated with the officer and in respect of whom the officer has previously furnished a statement of personal particulars under this Part,

must immediately furnish a statement of that change, in the approved form, to the Commissioner.

9 Conflict of interests to be notified

If an officer of the Commission becomes aware of any conflict of interest that has arisen, or that could be seen as having arisen, between the officer’s duties as an officer and the officer’s private interests, the officer must immediately notify the Commissioner of that fact.

Part 3 Disclosure of financial interests

10 Disclosure of certain financial information

(1)  On becoming an officer of the Commission, the officer must furnish to the Commissioner a statement of financial interests, in the approved form, in relation to the officer.

(2)  Without limiting subclause (1), the Commissioner may at any time require an officer of the Commission, or an applicant for a position as an officer of the Commission, to furnish to the Commissioner a statement of financial interests, in the approved form, in relation to:

(a)  the officer or applicant, or

(b)  any other person who is associated with the officer or applicant.

11 Changes in financial interests to be notified

An officer of the Commission who becomes aware of any significant change in the financial interests in relation to:

(a)  the officer, or

(b)  any person who is associated with the officer and in respect of whom the officer has previously furnished a statement of financial interests under this Part,

must immediately furnish a statement of that change, in the approved form, to the Commissioner.

12 Exemptions from this Part

The Commissioner:

(a)  may at any time exempt any particular officer or class of officers from the requirements of this Part, and

(b)  may at any time impose conditions on any such exemption, and

(c)  may at any time revoke any such exemption or any condition to which any such exemption is subject.

Part 4 Miscellaneous

13 Further information

The Commissioner may require an officer of the Commission, or an applicant for a position as an officer of the Commission, to furnish to the Commissioner such further information as the Commissioner may specify in respect of any matter disclosed to the Commissioner by the officer or applicant for the purposes of this Regulation.

14 Statutory declarations

A statutory declaration that, by or under this Regulation, is required to be made by a company or partnership engaged or to be engaged under section 104B of the Act must be made on behalf of the company or partnership by such of the directors or employees of the company, or by such of the partners in or employees of the partnership, as the Commissioner may direct.

15 Compliance with Regulation a condition of employment

(1)  It is a condition of an officer’s employment or engagement with the Commission that the officer complies with the requirements of this Regulation.

(2)  Failure to comply with any such requirement is sufficient ground for terminating the officer’s employment or engagement.

(3)  This clause has effect despite any other condition of the officer’s conditions of employment or engagement.

(4)  A person does not fail to comply with the requirements of this Regulation merely because the person fails to disclose matters of which the person is not aware.

16 Seal of the Commission

The seal of the Commission must be kept in the custody of the Commissioner and affixed to a document of the Commission in the presence of the Commissioner, or of an Assistant Commissioner, and of one other member of staff of the Commission.

17 Identity cards

The Commissioner may issue identity cards, in the approved form, to officers of the Commission.

18 Definition of “public authority”

For the purposes of paragraph (g) of the definition of public authority in section 3 (1) of the Act, each affiliated health organisation and statutory health corporation is declared to be a body within that definition.

19 Principal officers of public authorities

(1)  For the purposes of section 11 (5) of the Act, the principal officers of the following public authorities are as follows:

(a)  the council of a local government area—the general manager of the council,

(b)  a local health network within the meaning of the Health Services Act 1997—the chief executive of the local health network,

(c)  a statutory health corporation—the chief executive of the statutory health corporation,

(d)  an affiliated health organisation—the person who is responsible to the governing body of the affiliated health organisation for the management of its recognised establishments and recognised services.

(2)  For the purposes of section 11 (6) of the Act, the principal officers in relation to matters concerning the following separate offices of public authorities are as follows:

(a)  Ambulance Service of NSW, NSW Health Service—the chief executive of the Ambulance Service of NSW,

(b)  Corrective Services NSW, Department of Justice and Attorney General—the Commissioner of Corrective Services,

(c)  Aboriginal Affairs NSW, Department of Human Services—the Chief Executive of Aboriginal Affairs NSW,

(d)  Ageing, Disability and Home Care, Department of Human Services—the Chief Executive of Ageing, Disability and Home Care,

(e)  Community Services, Department of Human Services—the Chief Executive of Community Services,

(f)  Housing NSW, Department of Human Services—the Chief Executive of Housing NSW,

(g)  Juvenile Justice, Department of Human Services—the Chief Executive of Juvenile Justice,

(h)  Division of Local Government, Department of Premier and Cabinet—the Chief Executive, Local Government.

cl 19: Am 2010 No 97, Sch 2.14.

20 Savings

Any act, matter or thing that, immediately before the repeal of the Independent Commission Against Corruption Regulation 2005, had effect under that Regulation continues to have effect under this Regulation.

21 Repeal

The Independent Commission Against Corruption Regulation 2005 is repealed.