Australian Police Integrity Commission Act 2019

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.




 6                 Australian Police Integrity Commission Bill 2019                   No. , 2019
                                                               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


 10              Australian Police Integrity Commission Bill 2019          No. , 2019
                                                                  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.




12               Australian Police Integrity Commission Bill 2019        No. , 2019