Commonwealth Consolidated Acts

LAW ENFORCEMENT INTEGRITY COMMISSIONER ACT 2006 - SECT 39

Advice to head of law enforcement agency

             (1)  If:

                     (a)  the Integrity Commissioner decides, on his or her own initiative, to deal with a corruption issue in one of the ways referred to in subsection 26(1) or 29(6); and

                     (b)  the corruption issue relates to a law enforcement agency;

the Integrity Commissioner must advise the head of the agency of:

                     (c)  the Integrity Commissioner's decision to deal with the corruption issue in that way; and

                     (d)  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

Form and timing of advice

             (2)  The Integrity Commissioner must advise the head of the agency of the decision:

                     (a)  in writing; and

                     (b)  as soon as reasonably practicable after the decision is made.

Exception

             (3)  However, the Integrity Commissioner need not advise the head of the agency if doing so is likely to prejudice:

                     (a)  the investigation of the corruption issue or another corruption investigation; or

                     (b)  any action taken as a result of an investigation referred to in paragraph (a).

             (4)  If the Integrity Commissioner does not advise the head of the agency of the decision because of subsection (3), the Integrity Commissioner must:

                     (a)  inform the Minister that the head of the agency has not been advised of the decision; and

                     (b)  give the Minister the Integrity Commissioner's reasons for not advising the head of the agency of the decision; and

                     (c)  inform the Minister that the consultations that would otherwise take place under section 49 will not take place.