Document ID: chunk:federal_register_of_legislation:C2006A00086:clause:1_42
Version: federal_register_of_legislation:C2006A00086
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 15481–17711

42  At the end of section 6
Add:

 (16) If the Ombudsman forms the opinion:
 (a) that a complaint involves an allegation, or information, that raises a corruption issue (other than a significant corruption issue); and
 (b) that the allegation or information could have been referred to the Integrity Commissioner under Part 4 of the Law Enforcement Integrity Commissioner Act 2006 and could be more conveniently or effectively dealt with by the Integrity Commissioner;
the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to refer the allegation or information to the Integrity Commissioner.

 (17) If the Ombudsman forms the opinion:
 (a) that a complaint involves an allegation, or information, that raises a significant corruption issue; and
 (b) that the allegation or information could have been referred to the Integrity Commissioner under Part 4 of the Law Enforcement Integrity Commissioner Act 2006 and could be more conveniently or effectively dealt with by the Integrity Commissioner;
the Ombudsman must not investigate the complaint, or must not investigate the complaint further, as the case may be, and must refer the allegation or information to the Integrity Commissioner.

 (18) If:
 (a) the Ombudsman makes a decision under subsection (16); or
 (b) subsection (17) applies;
the Ombudsman must:
 (c) refer the allegation, or information, that raises the corruption issue or significant corruption issue to the Integrity Commissioner as soon as is reasonably practicable; and
 (d) give the Integrity Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
 (e) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Integrity Commissioner.

 (19) In subsections (16) to (18):

corruption issue has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.

Integrity Commissioner has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.

significant corruption issue has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.