Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the head of a law enforcement agency notifies a corruption issue to the Integrity Commissioner under section 19 but does not indicate that it is a significant corruption issue, the head of the agency must:
(a) if the agency is already investigating the corruption issue--ensure that the investigation is continued and completed; and
(b) if the agency is not already investigating the corruption issue--ensure that the agency investigates the corruption issue.
This subsection applies subject to any action taken by the Integrity Commissioner under section 32 or 42.
(2) The head of the agency does not need to take the action referred to in subsection (1) if he or she is satisfied that:
(a) the matter:
(i) involves or implicates a secondee to the agency who is an employee of a government agency (the home agency ); and
(ii) is already being investigated by the home agency or an integrity agency for a State or Territory; or
(b) the making of the allegation that raises the corruption issue, or the giving of the information that raises the corruption issue, is frivolous or vexatious; or
(d) the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court; or
(e) subject to subsection (2A), a Commonwealth law that applies to the agency allows the agency to decide not to deal with the allegation or information that raises the corruption issue.
However, the head of the agency must advise the Integrity Commissioner that the agency will not be investigating the corruption issue and the reason why the agency will not be investigating the corruption issue.
(2A) Despite paragraph (2)(e), the agency must continue and complete, or begin and complete, an investigation of the corruption issue if the Integrity Commissioner considers, despite the Commonwealth law, that it would be more appropriate for the issue to be investigated.
(3) With the agreement of the Integrity Commissioner, the head of the agency may advise the Integrity Commissioner under subsection (2) by entering the required details on a database to which the Integrity Commissioner has access.