Integrity Commission Act 2009.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The object of this Act is to promote and enhance standards of ethical conduct by public officers by the establishment of an Integrity Commission (the Commission). The objectives of the Integrity Commission are to (a) improve the standard of conduct, propriety and ethics in public authorities in Tasmania; (b) enhance public confidence that misconduct by public officers will be appropriately investigated and dealt with; (c) enhance the quality of, and commitment to, ethical conduct by adopting a strong, educative, preventative and advisory role. Under the Act misconduct is defined as (a) conduct, or an attempt to engage in conduct, of or by a public officer that is or involves – (i) a breach of a code of conduct applicable to the public officer; or (ii) the performance of the public officer's functions or the exercise of the public officer's powers, in a way that is dishonest or improper; or (iii) a misuse of information or material acquired in or in connection with the performance of the public officer's functions or exercise of the public officer's powers; or (iv) a misuse of public resources in connection with the performance of the public officer's functions or the exercise of the public officer's powers; or (b) conduct, or an attempt to engage in conduct, of or by any public officer that adversely affects, or could adversely affect, directly or indirectly, the honest and proper performance of functions or exercise of powers of another public officer – but does not include conduct, or an attempt to engage in conduct, by a public officer in connection with a proceeding in Parliament. The Act distinguishes under Part 8 the discipline for Misconduct by Certain Public Officers (designated public officers, and police).
The Integrity Commission to achieve these objective has the following general functions: educate public officers and the public about integrity; assist public authorities deal with misconduct; deal with allegations of serious misconduct or misconduct by designated public officers; make findings and recommendations in relation to its investigations and inquiries. Part 2 establishes the Commission and provides in details the list of functions and powers and also lays down principles of operation. It regulates the Board role and staff responsibilities.
Part 3 regulates relationship with Parliament and establishes a Join Standing Committee on Integrity. The Part also identifies the figure of Parliamentary Standard Commissioner with the function of providing advice to Parliament and Commission on several matters.
Part 4 entails the Educative, Preventative and Advisory Functions of Commission. Part 5 and 6 indicate respectively how the Commission has to deal with complains and procedures to conduct investigations. Moreover, if the Board determines that an inquiry be conducted, the Chief Commissioner is to convene an Integrity Tribunal for the purpose of conducting that inquiry, Part 7 regulates the procedure, costs, offences, among others.
The Integrity Commission to achieve these objective has the following general functions: educate public officers and the public about integrity; assist public authorities deal with misconduct; deal with allegations of serious misconduct or misconduct by designated public officers; make findings and recommendations in relation to its investigations and inquiries. Part 2 establishes the Commission and provides in details the list of functions and powers and also lays down principles of operation. It regulates the Board role and staff responsibilities.
Part 3 regulates relationship with Parliament and establishes a Join Standing Committee on Integrity. The Part also identifies the figure of Parliamentary Standard Commissioner with the function of providing advice to Parliament and Commission on several matters.
Part 4 entails the Educative, Preventative and Advisory Functions of Commission. Part 5 and 6 indicate respectively how the Commission has to deal with complains and procedures to conduct investigations. Moreover, if the Board determines that an inquiry be conducted, the Chief Commissioner is to convene an Integrity Tribunal for the purpose of conducting that inquiry, Part 7 regulates the procedure, costs, offences, among others.
Attached files
Web site
Notes
Amendment up to include Financial Management (Consequential and Transitional Provisions) Act 2017.
Repealed
No
Source language
English
Legislation Amendment
No