Reviews
9 Reviews
Without limiting the matters that may be the subject of a review, the
Inspector—
must, in the case of an annual review, consider the following in relation to the financial year to which the review relates:
whether the powers under this Act were exercised in an appropriate manner, including—
whether there was any evidence of—
• corruption, misconduct or maladministration in public administration on the part of the Office or the Commission or employees of the Office or the
Commission; or
• unreasonable delay in the conduct of investigations under this Act; or
• unreasonable invasions of privacy by the Office or the Commission or employees of the Office or the Commission; and
whether undue prejudice to the reputation of any person was caused;
whether the practices and procedures of the Office and the Commission were effective and efficient;
whether the Office and the Commission carried out their functions in a manner that was likely to assist in preventing or minimising corruption in public administration; and
may examine any particular exercises of power by the Office or the
Commission; and
may make any recommendations to the Office, the Commission or the
Attorney-General that the Inspector thinks fit.
The powers of the Inspector under this clause to examine any particular exercises of power by the Office or the Commission (or to make any recommendations following such an examination) extend to exercises of power by the Office, the Commissioner or the Commission whenever occurring (including, to avoid doubt, exercises of power occurring before the commencement of section 59 of the Independent
Commissioner Against Corruption (CPIPC Recommendations) Amendment
Act 2021 or before the commencement of the other provisions of that Act).
Before commencing an annual review, the Inspector must publish a notice calling for public submissions to be made (within a specified period of not less than 1 month and in a manner specified in the notice) in relation to the operations of the Office and the
Commission during the financial year to which the annual review is to relate.
A notice under subclause (2) must be published on the Inspector's website and in the Gazette and may be published in any additional manner determined by the
Inspector.
The
Office and the Commission must ensure that the Inspector is provided with such information as the Inspector may require for the purpose of conducting a review.
A review conducted at the request of the Committee must be completed within any period specified by the Committee (which must be reasonable) and the Attorney-General must ensure that the Inspector is provided with any assistance required to complete the review within that period.
On completing a review, or at any time during a review, the Inspector may do any of the following:
refer a matter to the relevant law enforcement agency for further investigation and potential prosecution;
refer a matter to the Office, the Commission or a public authority for further investigation and potential disciplinary action against a public officer for whom the Office, the Commission or authority is responsible;
if the Inspector finds that undue prejudice to the reputation of any person was caused by the Office or the Commission, the Inspector may—
publish any statement or material that the Inspector thinks will help to alleviate that prejudice; or
recommend that the Commission or the Office (as the case may require) pay an amount of compensation to the person.
Before referring a matter under subclause (6), the Inspector must notify the Office or the Commission (as the case may require) of the proposed referral unless the Inspector is of the opinion that it would be inappropriate to do so in the circumstances of the case.
The
Inspector may disclose to the relevant law enforcement agency, or to the Office, the Commission or the public authority, information that the Inspector has in respect of the matter.
The
Inspector—
must, in preparing a report on a review, consider the effect of the proposed report on any complaint, report, assessment, investigation or referral under this Act; and
must not include information in a report if publication of the information would constitute an offence against section 54.
A report on a review must be delivered to the President of the
Legislative Council and the Speaker of the House of Assembly—
in the case of an annual review examining the operations of the Office and the Commission and relevant complaints received during a financial year—on or before 30 September in the following financial year; or
in any other case—as soon as practicable after completion of the review.
The
President of the Legislative Council and the Speaker of the House of
Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.
A review continued in accordance with Schedule 1 clause 74 of the
Independent
Commissioner Against Corruption (CPIPC Recommendations) Amendment
Act 2021 is to be so continued by the Inspector under this clause.
Schedule
1 clause 70 of the Independent
Commissioner Against Corruption (CPIPC Recommendations) Amendment
Act 2021 does not apply in relation to the Inspector or functions of the
Inspector.
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