Barrister AI
All legislation
SAAct
In force
This is the latest official compilation.Check the official source →
s 15

Referral of complaint to ICAC

In force
Part 3Complaints
Division 2Preliminary examination of complaint

15 Referral of complaint to ICAC

(1)

If the Commissioner reasonably suspects that a complaint relates to conduct that involves corruption in public administration within the meaning of the Independent Commission Against

Corruption Act 2012

(a)

the Commissioner must refer the complaint to the Office for Public

Integrity to be dealt with under that Act; and

(b)

consideration of the complaint under this Act is postponed until the Independent Commission Against Corruption notifies the Commissioner that they consider it appropriate that consideration of the complaint under this Act continue.

(2)

The Independent Commission Against Corruption must give the

Commissioner the notification referred to in subsection (1)(b) as soon as practicable after the assessment required under the

Independent Commission Against Corruption

Act 2012 has been conducted unless the matter is assessed as raising a potential issue of corruption in public administration that could be the subject of a prosecution.

(3)

However, if the person appointed as the Independent Commissioner

Against Corruption is also appointed as the Commissioner under this

Act—

(a)

the notification referred to in subsection (1)(b) is not required; and

(b)

following a referral of a complaint under this section, the

Independent Commissioner Against Corruption will determine the extent to which it is appropriate that the complaint be dealt with under this Act or the

Independent Commission Against Corruption

Act 2012.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.