7.9 Integrity Commissioner

The Integrity Commissioner is an independent statutory officer appointed under the Public Sector Ethics Act 1994 (external link) (the Ethics Act).

The primary role of the Integrity Commissioner is to provide confidential advice about conflicts of interest to "designated persons" as defined by the Ethics Act. Statutory office holders are identified as designated persons under the Ethics Act and are therefore able to seek advice from the Integrity Commissioner on matters relating to conflicts of interest. A statutory office is defined in the Ethics Act as an office "to which a person may only be appointed by the Governor in Council or a Minister".

Other designated persons identified in the Ethics Act include the Premier, Ministers, Parliamentary Secretaries, ministerial staff, Government members, and chief executive officers and senior officers of the public service.

Seeking advice

The Ethics Act details the process that must be followed when a designated person is seeking advice from the Integrity Commissioner.

Under section 30 of the Ethics Act, a statutory office holder is only able to seek advice about a conflict of interest issue involving that person, and cannot seek advice about another statutory office holder. However, the Premier is able to seek advice about a conflict of interest issue involving any designated person, and Ministers may seek advice about certain other designated persons, including any statutory office holder in their portfolio.

All requests for advice must be made in writing and relevant information should be provided with the request. The Integrity Commissioner must or may have regard for the following issues in the formulation of advice:

• the information provided with the written request;
• the relevant code of conduct;
• any relevant legislation; and
• any other ethical standards the Commissioner deems relevant.

If a conflict of interest is identified, the Integrity Commissioner will advise the designated person in writing. The designated person then has seven days to resolve the conflict of interest to the Integrity Commissioner's satisfaction. Copies of the Integrity Commissioner's advice will be forwarded to the person about whom the advice is being sought as well as the person who requested the advice, if that is a different person. The Integrity Commissioner may refuse to provide advice if there is limited information provided or if the provision of advice is not in keeping with the purpose of the Ethics Act. It is important to remember the Integrity Commissioner does not provide legal advice.

Confidential advice

All requests for advice and the provision of advice by the Integrity Commissioner are confidential.

Any advice the Integrity Commissioner provides is excluded under section 48(1) of the Freedom of Information Act 1992 (external link).

Disclosure of advice

The person about whom the advice is made may disclose the advice to any person. However, advice obtained about a designated person cannot be released by another person unless they are compelled to by another Act, such as the Crime and Misconduct Act 2001 (external link).

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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