Integrity Act 2009

This Act may be cited as the Integrity Act 2009.

This Act commences on a day to be fixed by proclamation.

The dictionary in schedule 2 defines particular words used in this Act.

Note—Core concepts for chapter 3 are defined in chapter 3, part 1, and core concepts for chapter 4 are defined in chapter 4, part 1, with signposts to those definitions set out in schedule 2.

The purpose of this Act is to encourage confidence in public institutions by—

helping Ministers, members of the Legislative Assembly, and others to deal appropriately with ethics or integrity issues; and

regulating contact between lobbyists and State or local government representatives, and contact between lobbyists and key representatives for the Opposition, so that lobbying is conducted in accordance with public expectations of transparency and integrity.

This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.

Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.

There is to be a Queensland Integrity Commissioner.

The integrity commissioner is an officer of the Parliament.

There is to be a Queensland Deputy Integrity Commissioner.

An office called the Office of the Queensland Integrity Commissioner is established.

The integrity office consists of the integrity commissioner, the deputy integrity commissioner and the integrity officers.

Note—The administrative provisions for the integrity commissioner, deputy integrity commissioner and integrity office are set out in chapter 5.

The integrity commissioner has the following functions—

to give written advice to a designated person, former designated person or former ministerial advisor on ethics or integrity issues as provided for under chapter 3, part 2;

to meet with, and give written or oral advice to, members of the Legislative Assembly as provided for under chapter 3, part 3;

to keep the lobbying register and have responsibility for the registration of lobbyists under chapter 4, and to provide education and training to government representatives, Opposition representatives and registered lobbyists about the operation of chapter 4;

to raise public awareness of ethics or integrity issues by contributing to public discussion of these issues relevant to the integrity commissioner’s functions.

However, in performing the function mentioned in subsection (1)(d), the integrity commissioner must not disclose information likely to identify a specific request for the integrity commissioner’s advice on an ethics or integrity issue, including information likely to identify an individual—

who requested the integrity commissioner’s advice on an ethics or integrity issue; or

about whom the integrity commissioner’s advice on an ethics or integrity issue was requested.

Subject to any other Act or law, the integrity commissioner is not subject to any direction by any person about—

the way the integrity commissioner performs the integrity commissioner’s functions under this Act; or

the priority given to ethics or integrity issues.

The integrity commissioner or deputy integrity commissioner is not liable in a civil proceeding or under an administrative process for an act or omission done or made by the integrity commissioner or deputy integrity commissioner acting in good faith, and without negligence, for the purposes of this Act.

If subsection (1) prevents a civil liability attaching to the integrity commissioner or deputy integrity commissioner, the liability attaches instead to the State.

The deputy integrity commissioner is to perform the duties directed by the integrity commissioner.

The deputy integrity commissioner is not subject to direction by any person, other than the integrity commissioner, about—

the way the integrity commissioner’s functions under this Act are to be performed; or

the priority given to ethics or integrity issues.

Subsection (1) applies despite the Public Sector Act 2022.

The integrity commissioner controls the integrity office.

Subsection (1) does not prevent the attachment of the integrity office to the department for the purpose of ensuring that the office is supplied with the administrative support services that it requires to carry out its functions effectively and efficiently.