Referral of complaint to ICAC
15 Referral of complaint to ICAC
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—
the Commissioner must refer the complaint to the Office for Public
Integrity to be dealt with under that Act; and
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.
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.
However, if the person appointed as the Independent Commissioner
Against Corruption is also appointed as the Commissioner under this
Act—
the notification referred to in subsection (1)(b) is not required; and
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.
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