7.9 Integrity Commissioner
The Integrity Commissioner is an independent officer of the Queensland Parliament appointed under the Integrity Act 2009 (the Integrity Act).
The primary role of the Integrity Commissioner is to provide confidential advice to “designated persons”1 on ethics and integrity issues, including a conflict of interest issue.2 Statutory office holders are included as designated persons under the Integrity Act.3
The Integrity Commissioner is also responsible for maintaining the Register of Lobbyists and monitoring compliance by lobbyists and government with the Integrity Act and the Lobbyists Code of Conduct.
Lobbyists
On 5 August 2009, the Premier announced in Parliament that individuals registered as a lobbyist on the Register of Lobbyists will be prohibited from serving on Queensland government bodies. The clear intention is to remove any suggestion of a conflict of interest between lobbyists and the governance of public entities and programs.
Individuals registered as a lobbyist on the Register of Lobbyists who are considered for appointment to a Government Board will be required to be removed from the Register of Lobbyists in order for the appointment to proceed.
Chapter 4 of the Integrity Act deals with the regulation of lobbyist activities and the prohibition of the payment of success fees to lobbyists when undertaking lobbying activities.4
Seeking advice
Requests for advice to the Integrity Commissioner from a designated person must be in writing and should contain sufficient information to allow the Integrity Commissioner to evaluate the issues concerned. Requests should be sent to the Integrity Commissioner by post (PO Box 15290, City East, Queensland, 4002) or email (integrity.commissioner@qld.gov.au).
A designated person (other than the Premier, Minister, Parliamentary Sectary, Leader of the Opposition or Chief Executive) is only able to seek advice about an ethics or integrity issue involving that person and cannot seek advice about another person.5 However, the Premier may seek advice about a conflict of interest issue involving any person who is, or has been a designated person.6
Ministers may also seek advice about certain other designated persons,7 including certain statutory office holders in their portfolio. A Parliamentary Secretary, Leader of the Opposition or Chief Executive may also seek advice to the extent permitted under the Integrity Act.8
When a request for advice is received, the Integrity Commissioner must have regard to the following issues in the formulation of advice:
- the information provided with the written request
- the relevant code of conduct
- any other ethical standards the Integrity Commissioner considers appropriate.9
The Integrity Commissioner must provide advice to the designated person in writing.10
The Integrity Commissioner may refuse to provide advice if:
- the Integrity Commissioner does not have enough information about the ethics or integrity issue to give advice; or
- the advice is asked for in circumstances where the giving of advice would not be in keeping with the purpose of the Integrity Act.11
It is important to remember the Integrity Commissioner does not provide legal advice.
Where advice is provided by the Integrity Commissioner in respect of a conflict of interest, the designated person is not liable in a civil proceeding or under an administrative process for the action taken by the person to resolve the conflict after the person has received the advice and provided the person has acted substantially in accordance with the advice and has disclosed all relevant information in relation to the issue.12
Secrecy
Section 24 of the Integrity Act deals with the secrecy of ethics and integrity issues. Subject to some exceptions for the performance of functions or as authorised by the Integrity Act, a person must not record, use or disclose information in relation to an ethics or integrity issue about another person.
Disclosure of advice
Part 4 of the Integrity Act deals with authorised disclosures in respect of “relevant documents” which includes the request for advice and advice of the Integrity Commissioner on integrity and ethics issues.13
A person about whom a relevant document relates may disclose that document to any person.14
The Integrity Commissioner must give the Premier a copy of the relevant document relating to a particular designated person if the Premier asks for a copy of it.15 The Integrity Commissioner must also give a copy of the document to the Premier if the Integrity Commissioner reasonably believes the designated person has an actual and significant conflict of interest but only if:
- the Integrity Commissioner gives written advice to the designated person that he has this belief and states that he is required to give a copy of the document to the Premier
- the designated person fails to resolve the conflict issue to the Integrity Commissioner's satisfaction within five business days after being given the written advice.16
Other exemptions also apply in respect of the Integrity Commissioner's disclosure of relevant documents to Ministers, Parliamentary Secretaries, Leader of the Opposition and Chief Executive Officers.17
Relationship with RTI Act
The RTI Act does not apply to a document created or received by the Integrity Commissioner under Chapter 3 of the Integrity Act.18
