Recognising the significant powers that are given to the Integrity Commission, the Commission is subject to a number of oversight measures including the Inspector of the Integrity Commission and the Assembly Standing Committee on the Integrity Commission.
Inspector of the Integrity Commission
The Commission is subject to oversight by the Inspector of the Integrity Commission. For the present time, the Inspector of the Integrity Commission is the ACT Ombudsman.
The functions of the Inspector are:
- To assess and report on the Commission’s compliance with Integrity Commission Act and any memorandums of understanding or agreements entered into under that Act
- To receive, investigate and assess complaints about the Commission and members of staff of the Commission
- To make recommendations to the Commission or public bodies about practices or procedures in relation to the performance of functions under the Integrity Commission Act
- Any other functions given to the Inspector under the Integrity Commission Act or another territory law
See section 227 of the Integrity Commission Act
The powers of the Inspector
- may investigate any aspect of the Commission’s operations or any conduct of the Commissioner or the staff of the Commission;
- is entitled to full access to the records of the Commission and to take, or have copies made of, any of the records; and
- may require the Commissioner or the staff of the Commission to provide information or produce documents or other things about any matter, or any class of matters, relating to—
- the Commission’s operations; or
- the conduct of the Commissioner or the staff of the Commission; and
- may refer matters relating to the Commissioner or the staff of the Commission to another public sector entity or public official for consideration or action; and
- may recommend disciplinary action or criminal prosecution against the Commissioner or the staff of the Commission.
See section 228 of the Integrity Commission Act
Complaints about the Integrity Commission
For more information on the roles and functions of the Inspector and how to make a complaint about the Integrity Commission, visit the Inspector’s website.
Standing Committee on the Integrity Commission
The ACT Legislative Assembly has established the Standing Committee on the Integrity Commission to perform certain accountability and oversight functions, including to:
- Examine matters related to corruption and integrity in public administration;
- Inquire into and report on matters referred to it by the Assembly or matters that are considered by the Committee to be of concern to the community;
- Perform all functions required of it pursuant to the Integrity Commission Act 2018; and
- Monitor, review and report on the performance of the Integrity Commission and the Inspector of the Integrity Commission or the exercise of the powers and functions of the Integrity Commission and the Inspector of the Integrity Commission, including examining the annual reports of the Integrity Commission and the Inspector of the Integrity Commission and any other reports made by the Commission.
The committee is composed of one Member of the Legislative Assembly nominated by the Government, one Member nominated by the Opposition and another nominated by the Crossbench.
The committee is not authorised under its resolution of appointment to investigate a matter relating to particular conduct or to reconsider a decision to investigate, nor to investigate or to discontinue an investigation of a particular complaint made to the Commission.
Neither is it permitted to reconsider the findings, recommendations, determinations or other decisions of the Commission or the Inspector in relation to a particular investigation or complaint.
For more information on the work of the Standing Committee on the Integrity Commission, please visit the ACT Legislative Assembly website at www.parliament.act.gov.au