Assessing reports
The Commission assesses all reports it receives to determine whether to investigate, dismiss or refer the matter.
Once a report is made to the Commission, the Commission will decide if it relates to either:
- a public interest disclosure, within the Public Interest Disclosure Act 2012; or,
- a corruption report, within the Integrity Commission Act 2018.
Public interest disclosure
If a report is a public interest disclosure, the Commission will:
- select the appropriate entity to investigate the matter (which may be the Commission itself); and,
- notify the reporter of the investigation and who will be conducting it.
Where the Commission has referred the matter to another entity to investigate, the Commission must be informed of the progress and conclusion of the investigation and the steps taken to protect the discloser from retribution or retaliation.
Once an investigation relating to a public interest disclosure concludes, the discloser must be notified of any outcome. Where an investigation into a public interest disclosure makes findings, they must be actioned.
Corruption
If a report relates to corrupt conduct, the Commission will:
- Investigate, if the Commission suspects on reasonable grounds that the conduct in the complaint, notification or referral may constitute corrupt conduct; or,
- Refer the matter to another entity. In certain circumstances, the Commission may ask the referral entity for a written report about the investigation or action taken in relation to the corruption report; or,
- Dismiss the matter if it does not justify the Commission investigating it.
The Commission prioritises investigations into allegations of serious or system corrupt conduct. The Commission will not tell a reporter, referrer or mandated reporter about certain activities if doing so could adversely affect a person’s safety or an investigation under the Integrity Commission Act 2018. Similarly, the Commission will not tell a complainant about certain activities if doing so could identify another person who has given information in relation to a corruption report, allow the identity of the other person to be worked out, or would be contrary to a law in force in the Territory.