Resolution of conflicts of interest
40 Resolution of conflicts of interest
(1) If the Commissioner (as an Integrity Officer) determines that exercising a power or performing a function under an Integrity Act would give rise to an actual, potential or perceived conflict of interest, the Commissioner:
(a) must notify the Inspector in writing as soon as practicable; and
(b) must not exercise the power or perform the function.
The Inspector must:
(a) determine how the power is to be exercised or the function is to be performed so as to avoid the conflict of interest arising; and
(b) advise the Commissioner (as the relevant Integrity Officer) of the Inspector's determination.
Examples for subsection (2)(a)
The Inspector may determine that:
(a) the Commissioner (as the relevant Integrity Officer) may resume exercising the power or performing the function with specified measures in place; or
(b) an acting Integrity Officer must be appointed to exercise the power or perform the function.
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