On 12 January 2023 the Chief Minister, Andrew Barr MLA, announced a review of the Integrity Commission Act 2018 (media release available here). The Integrity Commission Act 2018 includes a requirement for the ACT Government to conduct a review of the laws that govern the Integrity Commission after its first three years of operations.
The review encourages feedback on the matters raised, in particular where the review has raised multiple options or asked specific questions. Additionally, the review encourages feedback if stakeholders have other proposals they would like the review to consider.
The Chief Minister has appointed Mr Ian Govey AM to lead the review. Mr Govey has extensive public sector legal experience as the Chief Executive Officer of the Australian Government Solicitor (AGS) from 2010-2016, and prior to that as a Deputy Secretary in the Attorney-General’s Department (Commonwealth). Mr Govey is currently the Chair of the Banking Code Compliance Committee.
At the same time, Mr Govey will conduct a review of the Public Interest Disclosure Act 2012. The legislation requires that both frameworks are reviewed concurrently given their close interactions. The Integrity Commission Act has been operational for three years and the review is considering whether the Act is functioning efficiently to enable the Integrity Commission to deter and investigate allegations of corruption, while also strengthening confidence in ACT public sector governance.
As part of the review, a series of discussion papers has been developed to consider amendments proposed by the Integrity Commission and other stakeholders.
We are seeking feedback whether on matters raised or on any additional matters within the terms of reference via ICActReviewSecretariat@act.gov.au by no later than COB Friday 2 June 2023.
Background
Establishing an independent Integrity Commission was a commitment in the Parliamentary Agreement for the Ninth Legislative Assembly for the Australian Capital Territory. The Agreement committed the Government to establish an independent Integrity Commission, broadly structured on those operating in similarly sized jurisdictions, following a parliamentary committee inquiry into the most effective and efficient model for the ACT.
The ACT Integrity Commission has now been operating for three years. The Integrity Commission is responsible for investigating and exposing corrupt conduct in the ACTPS, with a particular focus on serious and/or systemic corrupt conduct. The Integrity Commissioner is also responsible for administering Public Interest Disclosures (PIDs). PIDs are separate and different to corruption complaints and were previously managed by the Public Sector Standards Commissioner (PSSC). Transferring PID management to the Integrity Commissioner was a recommendation of the 2019 review of the PID Act.
Terms of Reference
The terms of reference for both reviews were settled by the Chief Minister, Andrew Barr MLA, in consultation with the Speaker of the Assembly, Joy Burch MLA and available here:
- Review of the Public Interest Disclosure Act 2012 (ACT) PDF 252 KB
- Review of the Integrity Commission Act 2018 PDF 245 KB
We Want To Hear From You!
The review is interested to receive stakeholder feedback for the review of both Acts and has published a series of discussion papers aimed at facilitating thoughts and commentary from interested parties.
The discussion papers are:
- Integrity Commission Powers PDF 1.9 MB
- Legal Representation and Privilege PDF 533 KB
- Confidentiality, information sharing and wellbeing PDF 570 KB
- Inspector and oversight PDF 546 KB
- Integrity Commission purpose and jurisdiction PDF 930 KB
- Operational matters PDF 1.1 MB
- Public Interest Disclosure Discussion Paper PDF 1.1 MB Word version DOC 1.1 MB
The Public Interest Disclosure Act Review Discussion Paper is currently under development and will be available soon.
The review encourages feedback on the matters raised, in particular where the review has raised multiple options or asked specific questions. Additionally, the review encourages feedback if stakeholders have other proposals they would like the review to consider.
Please note that submissions for the IC Act Discussion Papers are now closed, however, you may still contact the Secretariat if you wish to discuss an extension. Please provide any feedback on the PID Discussion Paper via ICActReviewSecretariat@act.gov.au by no later than COB Friday 7 July 2023.
Submissions received by the secretariat may be published on the Review's webpage, but personal contact details will be removed. If you have concerns about your submission being published, please contact the secretariat at icactreviewsecretariat@act.gov.au.
Submissions
Stakeholders were asked to either write a document or share their thoughts about specific issues mentioned in the terms of reference. These issues were about their own experiences and opinions, as well as the ones within their organisation. After this first round of input, Ian Govey released some papers to encourage more people to get involved. As a result, many stakeholders and members of the community responded to these papers, adding more ideas and experiences. Because of this, some stakeholders sent in more than one contribution. All of these submissions will be used to create a report that will be published later this year.
The Integrity Commission Act 2018 Review submissions include:
- Submission from ACT Education Directorate353 KB
- Submission from ACT Legal Aid578 KB
- Submission from ACT Legislative Assembly Ethics and Integrity Advisor227 KB
- Submission from ACT Policing422 KB
- Submission from Griffith and Narrabundah Community Association600 KB
- Submission from Inner South Canberra Community Council140 KB
- Submission from the ACT Integrity Commission873 KB
- Submission from the Canberra Liberals331 KB
- Submission from the Speaker of the ACT Legislative Assembly198 KB
- Submission No. 1 from the ACT Human Rights Commission1.5 MB
- Submission No. 1 from the Inspector of the ACT Integrity Commission1.7 MB
- Submission No. 2 from the ACT Human Rights Commission662 KB
- Submission No. 2 from the Inspector of the ACT Integrity Commission349 KB
- Submission from Constituent 1125 KB
- Submission No. 1 from the Constituent 2480 KB
- Submission No. 2 from the Constituent 2388 KB
- Submission No. 3 from the Constituent 2396 KB
- Submission No. 4 from the Constituent 2398 KB
The Public Interest Disclosure Act 2012 Review Submissions Include:
- Submission from the ACT Integrity Commission 407 KB
- Submission from the Griffith Narrabundah Community Association1.41 MB
- Submission from the Inner South Canberra Community Council100 KB
- Submission from the Inspector of the ACT Integrity Commission640 KB
- Submission from the Public Sector Standards Commissioner228 KB
- Submission from the Speaker of the ACT Legislative Assembly385 KB
- Submission from the Suburban Land Agency3.09 MB
Further Information
You may find the following links useful for your consideration:
Select Committee on Independent Integrity Commission (Dissolved) – 31 October 2017
The first select committee was established to inquire into an independent integrity commission in the ACT.
Select Committee on Independent Integrity Commission 2018 (Dissolved) – 31 October 2018
The second select committee was established to inquire into two Bills that would establish an independent integrity commission – an exposure draft Bill prepared by the ACT Government, and a Bill introduced to the Legislative Assembly by former Assembly member Alastair Coe.
Integrity Commission Amendment Bill 2022 (No 2)
The Integrity Commission Amendment Bill 2022 (No 2) was introduced by Elizabeth Lee MLA on 20 October 2022 and seeks to implement the necessary legislative requirements for the Australian Government to consider allowing the Integrity Commission to conduct telecommunication interception.
2019 review of the Public Interest Disclosure Act 2012 (ACT)
The Public Interest Disclosure Act 2012 underwent review in 2019 ahead of the Integrity Commission’s commencement. The report provided 35 recommendations.