Powers of the Commission
In performing its functions concerning corrupt conduct, the Commission has extensive powers under the Integrity Commission Act 2018, including (but not limited to):
- the power to enter premises;
- the power to seize things;
- the power to summons people to attend an examination and give evidence to the Commission, both privately and publicly;
- the power to compel the production of documents and things; and,
- the power to conduct investigations on its own initiative where it suspects on reasonable grounds that the matter involves corrupt conduct.
The Public Interest Disclosure Act 2012 deals with the management and investigation of public interest disclosures (matters involving substantial mismanagement - known formally as 'maladministration' - or conduct that poses a substantial and specific danger to public health or safety, or the environment). That Act also ensures that whistleblowers are protected from retaliation. Unless the circumstances are exceptional, public interest disclosure matters will not be investigated by the Commission but under its supervision by a public service agency. However, on occasion a public interest disclosure will contain information about suspected corrupt conduct which will be dealt with as a corruption complaint. Usually, in this event, an arrangement will be made with the relevant public sector agency to avoid conflicting approaches.