Crime and Corruption Act 2001

The parliamentary commissioner must conduct an annual review of intelligence data in the possession of the commission and the police service (each an agency).

The purposes of the review are—

to consider whether intelligence data held by each agency is appropriately held by the agency having regard to the agency’s functions; and

to consider whether there is unnecessary duplication of intelligence data held by the agencies; and

to consider whether the agencies are working cooperatively as partners to achieve optimal use of—

available intelligence data; and

the resources used to collect, collate or record the data; and

to consider whether an agency is placing inappropriate restrictions on access to intelligence data by the other agency.

The parliamentary commissioner—

must prepare written advice on the review containing the parliamentary commissioner’s findings and recommendations, including, if appropriate, a recommendation about removing a restriction placed by an agency on access to intelligence data by the other agency; and

must give the advice to the chairperson of the commission, the commissioner of police and the parliamentary committee; and

may authorise the chairperson of the commission or the commissioner of police to disclose the advice or relevant parts of the advice to officers of the agencies for discussion and implementation at officer level.

The advice must be prepared in general terms in a way that does not disclose intelligence data or other confidential information.

The parliamentary commissioner must, when preparing the advice, have regard to the need for the investigation of corrupt conduct to be undertaken independently of general law enforcement.

A review must be done as soon as practicable after the end of each financial year, and within 4 months after the end of the financial year.