Act No. 23 of 2019. Introduced by /u/PM-ME-SPRINKLES. Assented to 2019-06-23.
Australian Police Integrity Commission
Bill 2019
No. , 2019
(PM-ME-SPRINKLES MP)
A bill for an act to establish an Australian Police
Integrity Commission, to make provision in relation
to the actions of police and provide adequate
safeguards against corruption, and for related
purposes
Contents
Part 1—Introduction 2
1 Short title ...................................................................................................... 2
2 Commencement ............................................................................................ 2
3 Interpretations............................................................................................... 2
4 Object 5
5 Operation of State and Territory laws........................................................... 6
6 Extension to external Territories .................................................................. 6
7 Extent to which Act binds the Crown ........................................................... 6
8 Application of the Criminal Code ................................................................ 6
Part 2—The Commission 7
9 Australian Police Integrity Commission ....................................................... 7
10 Constitution of Commission ....................................................................... 7
11 The Commissioner...................................................................................... 8
12 Duties of the Commission .......................................................................... 8
13 Powers of the Commission ......................................................................... 8
14 Obligation to avoid actual or perceived conflicts of interest ...................... 9
15 Oath or affirmation of office ...................................................................... 9
16 Staff 9
Part 3—Investigations 10
17 Complaints to the Commission about corrupt conduct ............................. 10
18 Complaint to be in writing ........................................................................ 10
19 Complaint from detained person .............................................................. 10
20 Offences ................................................................................................... 11
21 Power to bring proceedings ...................................................................... 12
No. , 2019 Australian Police Integrity Commission Bill 2019 i
Part 1—Introduction
A bill for an act to establish an Australian Police
Integrity Commission, to make provision in relation
to the actions of police and provide adequate
safeguards against corruption, and for related
purposes
The Parliament of Australia enacts:
Part 1—Introduction
1 Short title
This Act may be cited as the Australian Police Integrity
Commission Act 2019.
2 Commencement
This Act shall come into operation on a day to be fixed by
Proclamation.
3 Interpretations
(1) In this Act, unless the contrary intention appears:
act means an act done:
(a) by or on behalf of the Commonwealth or an authority of the
Commonwealth;
(b) under an enactment;
(c) wholly within a Territory;
(d) partly within a Territory, to the extent to which the act was
done within a Territory;
(e) by or on behalf of a state or on authority of a state.
(f) partly within a Territory, to the extent to which the act was
done within a Territory.
affected person, in relation to a complaint, means a person on
whose behalf the complaint was lodged.
2 Australian Police Integrity Commission Bill 2019 No. , 2019
Part 1—Introduction
alleged acts, omissions or practices, in relation to a
complaint, means the acts, omissions or practices that are
alleged in the complaint.
Note: See also paragraph 23(b) of the Acts
Interpretation Act 1901.
Australia includes the external Territories.
authority means:
(a) in relation to the Commonwealth:
(i) a body (whether incorporated or unincorporated)
established for a purpose of the Commonwealth by or
under a Commonwealth enactment;
(ii) an incorporated company over which the Commonwealth
is in a position to exercise control;
(iii) a person holding or performing the duties of an office or
appointment established or made under a
Commonwealth enactment or by the Governor-General
or President
(iv) or a Minister of the Commonwealth (not being an office
or appointment referred to in subparagraph (c)(iii));
(v) a body, or a person holding or performing the duties of an
office or appointment, that is declared by the regulations
to be an authority of the Commonwealth for the
purposes of this Act;
(b) in relation to a State:
(i) a body (whether incorporated or unincorporated)
established for a purpose of the State by or under a law
of the State;
(ii) an incorporated company over which the State is in a
position to exercise control;
(iii) a person holding or performing the duties of an office or
appointment established or made under a law, or by the
Governor or a Minister, of the State;
(iv) a local government body in the State; or
(v) a body, or a person holding or performing the duties of an
office or appointment, that is declared by the regulations
to be an authority of the State for the purposes of this
Act; or
No. , 2019 Australian Police Integrity Commission Bill 2019 3
Part 1—Introduction
(c) in relation to a Territory:
(i) a body (whether incorporated or unincorporated)
established for a purpose of the Territory by or under a
Commonwealth enactment or a law of the Territory;
(ii) an incorporated company over which the Administration
of the Territory is in a position to exercise control;
(iii) a person holding or performing the duties of an office or
appointment established or made under a law of the
Territory or by the Administrator of a Territory; or
(iv) a body, or a person holding or performing the duties of an
office or appointment, that is declared by the regulations
to be an authority of the Territory for the purposes of
this Act.
children means people under the age of 18.
Commission means the Australian Police Integrity
Commission established by this Act.
complainant, in relation to a complaint, means a person who
lodged the complaint, whether on the person’s own
behalf or on behalf of another person or persons.
complaint, means a complaint that is lodged under section
17.
Federal Court means the Federal Court of Australia.
instrument includes a rule, regulation or by-law.
Judge means:
(a) a Judge of a court created by the Parliament or of a court of a
State; or
(b) a person who has the same designation and status as a Judge of
a court created by the Parliament.
law means a law of the Commonwealth, a law of a Territory
or a law of a State.
law of a State means a State enactment or any other law in
force in a State, other than a law of the Commonwealth.
4 Australian Police Integrity Commission Bill 2019 No. , 2019
Part 1—Introduction
law of a Territory means a Territory enactment or any other
law in force in a Territory, other than a law of the
Commonwealth.
law of the Commonwealth means a Commonwealth
enactment or any other law in force throughout Australia.
member means a member of the Commission.
Minister means:
(a) in relation to a State—a Minister of the Crown of that State;
and
(b) in relation to the Australian Capital Territory or the Northern
Territory—a Minister of that Territory.
Commissioner means the Police Integrity Commissioner of
the Commission.
representative complaint means a complaint lodged on
behalf of at least one person who is not a
complainant.
respondent, in relation to a complaint, means the person or
persons against whom the complaint is made.
State includes the states and territories of Australia.
(2) In this Act:
(a) a reference to, or to the doing of, an act includes a reference to
a refusal or failure to do an act; and
(b) a reference, in relation to the doing of an act or the engaging in
of a practice, to the person who did the act or engaged in the
practice shall, in the case of an act done or practice engaged
in by an unincorporated body of persons, be read as a
reference to that body.
4 Object
The objectives of this Act are as follows:
(a) To establish an Australian Police Integrity Commission that will
follow the duties set in section 12.
(b) To prevent any future misconduct by policing agencies.
No. , 2019 Australian Police Integrity Commission Bill 2019 5
(c) To investigate and expose any misconduct by policing agencies.
5 Operation of State and Territory laws
(1) This Act is not intended to exclude or limit the operation of a law
of a State or Territory that is capable of operating concurrently
with this Act.
(2) A person may be prosecuted and convicted either under that law of
the State or Territory or under this Act if:
(a) a law of a State or Territory deals with a matter dealt with by
this Act; and
(b) an act or omission by a person that constitutes an offence
against that law also constitutes an offence against this Act;
but nothing in this subsection renders a person liable to be
punished more than once in respect of the same act or omission.
6 Extension to external Territories
This Act extends to every external Territory.
7 Extent to which Act binds the Crown
(1) This Act binds the Crown in right of the Commonwealth but,
except as otherwise expressly provided by this Act, does not bind
the Crown in right of a State.
(2) This Act binds the Crown in right of the States.
(3) Nothing in this Act renders the Crown in right of the
Commonwealth or of a State liable to be prosecuted for an offence.
Note: Subsection (2) draws from the section 106A constitutional power to
legislate on behalf of the states.
8 Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this
Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
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Part 2—The Commission
Part 2—The Commission
9 Australian Police Integrity Commission
(1) There is established by this Act a Commission by the name of the
Australian Police Integrity Commission.
(2) The Commission:
(a) is a body corporate, with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property;
and
(d) may sue and be sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take judicial
notice of the imprint of the common seal of the Commission
appearing on a document and shall presume that the document was
duly sealed.
10 Constitution of Commission
(1) The Commission shall consist of a Police Integrity Commissioner
and a representative of the Australian Human Rights Commission.
(2) The members must co-operate with each other to achieve common
objectives, where practicable.
(3) Appointment of the representative of the Australian Human Rights
Commission shall be conducted by the Australian Human Rights
Commission as defined by the Australian Human Rights
Commission Act 1986.
(4) The powers of the Commission under this Act shall be exercised by
the Commissioner with the approval of the Australian Human
Rights Commission representative.
(5) The Commission shall be independent from any Executive or
Parliamentary oversight.
No. , 2019 Australian Police Integrity Commission Bill 2019 7
Part 2—The Commission
11 The Commissioner
(1) The Commissioner is to be appointed by the Governor-General or
President as a full-time member or a part-time member.
(2) The Commissioner is the senior member of the Commission.
(3) The Commissioner is responsible for managing the administrative
affairs of the Commission.
(4) For the purposes of the Public Governance, Performance and
Accountability Act 2013, the Commissioner is the accountable
authority of the Commission.
(4) A person is eligible to be the Commissioner if they have, have been
or, are qualified for appointment as, a judge of—
(a) the High Court of Australia; or
(b) the Federal Court; or
(c) the Supreme Court of a State or Territory.
(5) For the purposes of subsection (4), a person who holds a judicial
office immediately after being appointed to be the Commissioner
must cease to hold that judicial office upon being appointed to be
the Commissioner.
(6) A person shall not be eligible to be Commissioner if they are a
member of a State or Commonwealth Parliament.
12 Duties of the Commission
The duties of the commission are to provide for the identification,
investigation and exposure of corrupt conduct and police personnel
misconduct, assist in the prevention of corrupt conduct and police
personnel misconduct and, assist in the education of the public
sector and community about the effects of corrupt conduct and
police personnel misconduct on public administration and ways in
which it can be prevented.
13 Powers of the Commission
The Commission has the power to do all things that are necessary or
convenient to be done for or in connection with, or as incidental to,
8 Australian Police Integrity Commission Bill 2019 No. , 2019
the achievement of the objects of this Act and the performance of
its duties and functions.
14 Obligation to avoid actual or perceived conflicts of interest
A Commission member must ensure that any actual or perceived
conflicts of interest are avoided in the performance of their duties
and functions and in the exercise of their powers as a Commission
member.
15 Oath or affirmation of office
(1) Before a person appointed to the Commission assumes the office,
they must have taken an oath or made an affirmation that they—
(a) will faithfully and impartially perform the duties and functions
and exercise the powers of the office; and
(b) will not disclose, except as authorised or required by law, any
information received in the performance of the duties and
functions or the exercise of the powers of the office.
(2) The oath or affirmation is to be administered by the Governor-
General or President.
16 Staff
(1) The staff necessary to assist the Commission shall be persons
engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the President and the APS employees assisting the President
together constitute a Statutory Agency; and
(b) the President is the Head of that Statutory Agency.
No. , 2019 Australian Police Integrity Commission Bill 2019 9
Part 3—Investigations
Part 3—Investigations
17 Complaints to the Commission about corrupt conduct
A person may make a complaint to the Commission about conduct the
person believes may be corrupt conduct.
18 Complaint to be in writing
A complaint to the Commission must be made in writing unless the
Commission determines that there are exceptional circumstances for a
complaint to be made otherwise than in writing.
19 Complaint from detained person
(1) This section applies if a detained person wishes to provide
information or make a complaint to the Commission under this
Act.
(2) The detained person may inform the person in charge that they wish
to communicate with the Commission.
(3) The detained person is not required to inform the person in charge
of the content or purpose of that communication.
(4) On being informed by the detained person of his or her wish to
communicate with the Commission, the person in charge must—
(a) take all reasonable steps to facilitate that communication; and
(b) subject to subsection (6), immediately forward, unopened, to
the Commission any letter addressed to the Commission by
the detained person.
(5) Subject to subsection (6), if a letter from the Commission is
addressed to the detained person, the person in charge must ensure
that it is immediately forwarded, unopened, to the detained person.
(6) If a letter referred to in subsection (4)(b) or (5) is suspected by the
person in charge to contain drugs, weapons or other contraband,
the letter may be opened by the person in charge, or his or her
delegate, in the presence of—
(a) in the case of a letter addressed to the Commission, the person
who wrote the letter and a Commission Officer; or
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Part 3—Investigations
(b) in the case of a letter from the Commission to the detained
person, the person to whom the letter is addressed and a
Commission Officer.
(7) Subject to subsection (6), a person, including a person in charge,
must not prevent or hinder the forwarding, unopened, of a letter—
(a) addressed to the Commission from a detained person; or
(b) to a detained person from the Commission.
Penalty: 120 penalty units or imprisonment for 12 months or both.
20 Offences
(1) This section applies during the investigation of any case by the
Commission.
(2) A Commission Officer shall not be under the influence of alcohol
or drugs while undertaking their duties.
Penalty: 120 penalty units or imprisonment for 12 months or both.
(3) A Commission Officer shall not be under the influence of alcohol
or drugs while undertaking their duties.
Penalty: 30 penalty units.
(4) A person must not disclose to any person the identity of a person to
whom or in respect of whom a direction is given under this
Division other than as required or authorised by this Act.
Penalty: 60 penalty units.
(5) A person who is not a Commission Officer must not, in any way,
hold themselves out to be a Commission Officer.
Penalty: 120 penalty units or imprisonment for 12 months or both.
(6) A person must not, without reasonable excuse, hinder or obstruct a
Commission Officer who is performing a function or exercising a
power under this Act.
Penalty: 120 penalty units or imprisonment for 12 months or both.
(7) A person must not, without reasonable excuse, refuse or fail to
comply with a direction or requirement made of the person in the
exercise of a power by a Commission Officer under this Act or the
regulations.
Penalty: 120 penalty units or imprisonment for 12 months or both.
No. , 2019 Australian Police Integrity Commission Bill 2019 11
Part 3—Investigations
(8) A person must not wilfully make a statement that the person knows
to be false or misleading in a material particular or mislead or
attempt to mislead the Commission or a Commission Officer in the
exercise of its, his or her powers under this Act or the regulations.
Penalty: 120 penalty units or imprisonment for 12 months or both.
21 Power to bring proceedings
(1) Proceedings for an offence under this Act or the regulations may be
brought by—
(a) the Commission;
(b) a sworn Commission Officer who is authorised by the
Commissioner; or
(c) a police officer who is authorised by the Commissioner.
(2) The Commissioner may authorise a sworn Commission officer or a
police officer to bring proceedings for an offence under this Act or
the regulations.
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