Integrity and Ethics Commissioner Act 2025

(1) While a person acts as the Commissioner, the person also acts as each Integrity Officer.

(2) To avoid doubt, subsection (1) has effect without the need for any appointment to act as an Integrity Officer.

(3) Despite subsection (1), an Acting Commissioner cannot:

(a) as the acting Health Complaints Commissioner – inquire into, conciliate, investigate or otherwise deal with, under the Health and Community Services Complaints Act 1998, a complaint relating to a health service or community service:

(i) in which the Acting Commissioner is employed or holds office; or

(ii) to which the Acting Commissioner provides services under any form of arrangement; or

(b) as the acting ICAC – investigate under the ICAC Act a matter involving the conduct of:

(i) themselves as the acting ICAC; or

(ii) a public body in which the Acting Commissioner is employed or holds office; or

(iii) a public body or public officer to which the Acting Commissioner provides services under any form of arrangement; or

(iv) if the Acting Commissioner is a public sector employee – a judicial officer; or

(c) as the acting Information Commissioner – investigate or deal with, under the Information Act 2002, a complaint relating to a public sector organisation:

(i) in which the Acting Commissioner is employed or holds office; or

(ii) to which the Acting Commissioner provides services under any form of arrangement; or

(d) as the acting Ombudsman – investigate or deal with, under the Ombudsman Act 2009, a complaint relating to:

(i) a public body in which the Acting Commissioner is employed or holds office; or

(ii) a public body or public officer to which the Acting Commissioner provides services under any form of arrangement.

public sector organisation, see section 5 of the Information Act 2002.

Notes for section 21

1 If the Commissioner takes 3 weeks of leave, a person appointed to act as the Commissioner during that period also becomes the acting Health Complaints Commissioner, acting ICAC, acting Information Commissioner and acting Ombudsman.

2 Part 4, Division 4 also provides for the appointment, in certain circumstances, of an acting Health Complaints Commissioner, acting ICAC, acting Information Commissioner and acting Ombudsman.