INTEGRITY AND ETHICS COMMISSIONER ACT 2025
NORTHERN TERRITORY OF AUSTRALIA
INTEGRITY AND ETHICS COMMISSIONER ACT 2025
As in force at 2 June 2026
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Meaning of Integrity Act and Integrity Officer ................................... 5
5 Meaning of recent political affiliation ................................................ 5
6 Act binds Crown .............................................................................. 6
7 Application of Criminal Code ........................................................... 7
Part 2 Integrity and Ethics Commissioner and
IEC's Office
Division 1 Establishment
8 Integrity and Ethics Commissioner .................................................. 7
9 Office of Integrity and Ethics Commissioner established as
Agency ............................................................................................ 7
Division 2 Appointment of Commissioner and related
matters
10 Recommendation and appointment ................................................. 7
11 Commissioner holds office as each Integrity Officer ........................ 8
12 Eligibility for appointment ................................................................. 8
13 Term of appointment ....................................................................... 8
14 Conditions of appointment ............................................................... 9
15 Leave of absence ............................................................................ 9
16 Vacancy in office ............................................................................. 9
17 Resignation.................................................................................... 10
18 Suspension and termination of appointment.................................. 10
19 Ministerial power to direct Commissioner to take leave ................. 11
20 Acting Commissioner ..................................................................... 11
21 Acting Commissioner acts as each Integrity Officer ...................... 12
22 Oath before taking office ............................................................... 13
Part 3 Integrity and Ethics Oversight Inspector
Division 1 Establishment and related matters
23 Integrity and Ethics Oversight Inspector ........................................ 14
24 Functions ....................................................................................... 14
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Integrity and Ethics Commissioner Act 2025 ii
25 Powers........................................................................................... 15
26 Independence ................................................................................ 15
27 Recommendation and appointment ............................................... 15
28 Term of appointment ..................................................................... 15
29 Conditions of appointment ............................................................. 16
30 Oath before taking office ............................................................... 16
31 Protection of Inspector ................................................................... 16
Division 2 Staff of Inspector
32 Staff ............................................................................................... 16
33 Suitability checks ........................................................................... 17
34 Handling information regarding suitability ...................................... 18
Part 4 Oversight of Commissioner, IEC's Office
and Auditor-General's Office
Division 1 Oversight of Commissioner and IEC's Office
35 Evaluation of Commissioner .......................................................... 18
36 Report on evaluation ..................................................................... 18
37 Complaints about Commissioner ................................................... 19
38 Access to IEC premises and information ....................................... 19
39 Further powers of Inspector ........................................................... 20
40 Resolution of conflicts of interest ................................................... 21
41 No oversight of Judicial Commission ............................................. 21
42 Pause of statutory timeframe – Information Act 2002 .................... 21
Division 2 Oversight of Auditor-General's Office
43 Evaluation of Auditor-General's Office ........................................... 22
44 Report on evaluation ..................................................................... 22
45 Complaints about Auditor-General ................................................ 22
46 Access to Auditor-General's premises and information ................. 23
47 Further powers of Inspector ........................................................... 23
Division 3 General matters
48 Power to require person to attend Inspector for questioning
etc. ................................................................................................. 24
49 Contravening requirement to attend .............................................. 25
50 Inspection and copies of documents ............................................. 25
51 Direction not to disclose certain information .................................. 25
52 Assistance ..................................................................................... 27
53 Further assistance – supplementary Inspector .............................. 27
54 Resolution of conflicts of interest ................................................... 28
55 Disapplication of section 52 of Surveillance Devices Act 2007 ...... 29
56 Confidentiality of information ......................................................... 29
57 Service........................................................................................... 29
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Integrity and Ethics Commissioner Act 2025 iii
Division 4 Appointment of acting Integrity Officers
58 Appointment of acting Health Complaints Commissioner .............. 29
59 Appointment of acting ICAC .......................................................... 31
60 Report following investigation ........................................................ 32
61 Appointment of acting Information Commissioner ......................... 32
62 Appointment of acting Ombudsman .............................................. 32
63 Conditions of appointment ............................................................. 33
64 Oath before taking office ............................................................... 33
Part 5 Miscellaneous matters
65 Misleading information ................................................................... 34
66 Protection from liability .................................................................. 35
67 Validity of acts and decisions......................................................... 35
68 Regulations.................................................................................... 35
Part 6 Transitional matters for Integrity and
Ethics Commissioner Act 2025
69 Definitions ...................................................................................... 35
70 Certain persons not to be appointed as Inspector ......................... 36
71 Conduct before commencement.................................................... 36
72 Current matters in relation to IEC related entity ............................. 37
73 Information and records about matters involving IEC related
entities to be transferred ................................................................ 38
74 Complaints with former Inspector .................................................. 38
75 Information and records to be transferred ..................................... 39
76 Provisions if Act does not commence at start of financial year ...... 39
77 Disapplication of certain provisions to Auditor-General in office .... 39
ENDNOTES
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NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 2 June 2026
____________________
INTEGRITY AND ETHICS COMMISSIONER ACT 2025
An Act to promote integrity and ethics in the public sector and health
sector by establishing the positions of Integrity and Ethics
Commissioner and Integrity and Ethics Oversight Inspector and for
related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Integrity and Ethics Commissioner
Act 2025.
2 Commencement
(1) This Act (except sections 3 to 7 and Parts 2 to 6 and 8) commences
on the day after the day on which the Administrator's assent to this
Act is declared.
(2) Subject to subsection (3), the remaining provisions of this Act
commence on the day fixed by the Administrator by Gazette notice.
(3) If a provision of this Act does not commence before
18 October 2027, it commences on that day.
3 Definitions
In this Act:
Acting Commissioner means a person appointed under
section 20.
acting in an official capacity, in relation to a person, means the
person is exercising powers or performing functions under, or
otherwise related to the administration of, this Act.
acting Integrity Officer means the following:
(a) an acting Health Complaints Commissioner appointed under
section 58;
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Integrity and Ethics Commissioner Act 2025 2
(b) an acting ICAC appointed under section 59;
(c) an acting Information Commissioner appointed under
section 61;
(d) an acting Ombudsman appointed under section 62.
Auditor-General's Office, see section 3(1) of the Audit Act 1995.
Auditor-General's staff means:
(a) a public sector employee employed for the Auditor-General;
and
(b) any consultants or other persons engaged by the
Auditor-General for the performance of the Auditor-General's
functions under the Audit Act 1995.
Australian parliament means:
(a) the Legislative Assembly; or
(b) the Parliament of the Commonwealth or a State; or
(c) the parliament or legislature of another Territory.
Commissioner means the Integrity and Ethics Commissioner
referred to in section 8.
community service, see section 4(1) of the Health and Community
Services Complaints Act 1998.
corrupt conduct, see section 10 of the ICAC Act.
eligible person:
(a) for appointment as the Commissioner – see section 12(1); or
(b) for appointment as the Inspector – see section 27(4); or
(c) for appointment as an acting Health Complaints
Commissioner under section 58(1) – see section 58(2); or
(d) for appointment as an acting ICAC under section 59(1) or (2) –
see section 59(3); or
(e) for appointment as an acting Information Commissioner under
section 61(1) – see section 61(2); or
(f) for appointment as an acting Ombudsman under
section 62(1) – see section 62(2).
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Integrity and Ethics Commissioner Act 2025 3
Health Complaints Commissioner, see section 4(2)(a).
health service, see section 4(1) of the Health and Community
Services Complaints Act 1998.
ICAC Act, means the Independent Commissioner Against
Corruption Act 2017.
IEC's Office, see section 9.
IEC personnel means the following:
(a) the Chief Executive Officer;
(b) staff members as defined in section 4(1) of the Health and
Community Services Complaints Act 1998 and consultants
engaged under section 14(2) of that Act;
(c) each member of ICAC staff;
(d) members of the staff of the Information Commissioner and
consultants engaged under section 96(3) of the Information
Act 2002;
(e) officers of the Ombudsman's office as defined in section 4 of
the Ombudsman Act 2009 and any consultants or other
persons engaged by the Ombudsman for the performance of
the Ombudsman's functions under that Act;
(f) any other public sector employee employed for the
Commissioner or the IEC's Office.
improper conduct, see section 9 of the ICAC Act.
Information Commissioner, see section 4(2)(c).
Inspector means the Integrity and Ethics Oversight Inspector
referred to in section 23.
Inspector staff means a person referred to in section 32(1).
Integrity Act, see section 4(1).
Integrity Officer, see section 4(2).
item means a document or other thing.
judicial officer means any of the following:
(a) a Supreme Court Judge;
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Integrity and Ethics Commissioner Act 2025 4
(b) a Local Court Judge;
(c) an Associate Judge;
(d) a judicial officer acting as a coroner;
(e) a judicial officer performing duties as the President or Deputy
President of NTCAT.
law enforcement agency means an entity, in the Territory or
elsewhere in Australia, that has functions in relation to the
investigation of offences or the prosecution of persons for offences.
member of ICAC staff, see section 4 of the ICAC Act.
Ombudsman, see section 4(2)(d).
premises includes:
(a) land; and
(b) a permanent or temporary building or structure on land; and
(c) an aircraft, vehicle or vessel.
public body, see section 16(1) of the ICAC Act.
public officer, see section 16(2) of the ICAC Act.
questionable conduct means conduct that, though not amounting
to improper conduct:
(a) is unreasonable, unjust, oppressive or improperly
discriminatory in its effect; or
(b) arises, wholly or in part, from improper motives; or
(c) arises, wholly or in part, from a decision that has taken
irrelevant matters into consideration; or
(d) involves a denial of procedural fairness; or
(e) arises, wholly or in part, from a mistake of law or fact; or
(f) is conduct of a kind for which reasons should have (but have
not) been given.
recent political affiliation, see section 5.
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superior Court means:
(a) the Supreme Court; or
(b) a Supreme Court of a State or another Territory; or
(c) the High Court of Australia; or
(d) the Federal Court of Australia.
supplementary inspector, see section 53(1).
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
4 Meaning of Integrity Act and Integrity Officer
(1) Each of the following is an Integrity Act:
(a) the Health and Community Services Complaints Act 1998;
(b) the ICAC Act;
(c) the Information Act 2002;
(d) the Ombudsman Act 2009.
(2) Each of the following is an Integrity Officer:
(a) the Commissioner for Health and Community Services
Complaints referred to in section 9 of the Health and
Community Services Complaints Act 1998 (the Health
Complaints Commissioner);
(b) the ICAC;
(c) the Information Commissioner referred to in section 85 of the
Information Act 2002 (the Information Commissioner);
(d) the Ombudsman referred to in section 9 of the Ombudsman
Act 2009 (the Ombudsman).
5 Meaning of recent political affiliation
(1) A person has a recent political affiliation if, at any time during the
previous 10 years, the person:
(a) was a member of the Legislative Assembly or a local
government council; or
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Integrity and Ethics Commissioner Act 2025 6
(b) was an office holder or elected representative of a political
party or a non-Territory political party; or
(c) was a member of staff of a minister or of the Leader of the
Opposition; or
(d) was a member of electorate office staff for a member of the
Legislative Assembly; or
(e) was a member of a political party or a non-Territory political
party; or
(f) made a reportable donation to any of the following:
(i) a political party;
(ii) a non-Territory political party;
(iii) an associated entity of a political party;
(iv) an entity that is equivalent to an associated entity in
relation to a non-Territory political party.
(2) For subsection (1)(f), a person made a reportable donation if it was
made by the person or by a body corporate of which the person
was an office holder or majority shareholder at the time the
donation was made.
(3) In this section:
non-Territory political party means an organisation (whether
incorporated or unincorporated), an object or activity of which is the
promotion of the election to the Parliament of another Territory, a
State or the Commonwealth of a candidate or candidates endorsed
by it.
political party, see section 3 of the Electoral Act 2004.
reportable donation means a gift or loan that is required to be
disclosed or reported under Part 10 of the Electoral Act 2004 or
under a similar law in force in another Territory, a State or the
Commonwealth.
6 Act binds Crown
(1) This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
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Integrity and Ethics Commissioner Act 2025 7
(2) No criminal liability extends to the Crown in the right of the Territory
itself (as distinct from its agents, instrumentalities, officers and
employees) under this Act.
7 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 7
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 Integrity and Ethics Commissioner and IEC's
Office
Division 1 Establishment
8 Integrity and Ethics Commissioner
There is to be an Integrity and Ethics Commissioner.
9 Office of Integrity and Ethics Commissioner established as
Agency
(1) The Office of the Integrity and Ethics Commissioner (the IEC's
Office) is established.
(2) The IEC's Office is an Agency for the purposes of the Public Sector
Employment and Management Act 1993 and the Financial
Management Act 1995.
Division 2 Appointment of Commissioner and related matters
10 Recommendation and appointment
(1) The Administrator may appoint an eligible person to be the
Commissioner.
(2) An appointment under subsection (1) may only be made after the
Legislative Assembly has recommended the person for
appointment as the Commissioner.
(3) The Minister must table a copy of the appointment in the Legislative
Assembly within 6 sitting days after the appointment is made.
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Integrity and Ethics Commissioner Act 2025 8
11 Commissioner holds office as each Integrity Officer
(1) While a person holds office as the Commissioner, the person also
holds office as each Integrity Officer.
(2) To avoid doubt, subsection (1) has effect without the need for any
appointment of the person as an Integrity Officer.
12 Eligibility for appointment
(1) A person is an eligible person for appointment as the
Commissioner if:
(a) the person is:
(i) a former judge of a superior Court; or
(ii) a lawyer who has been admitted to the legal profession
for at least 10 years; and
(b) the person is not:
(i) a judicial officer; or
(ii) a member of an Australian parliament; or
(iii) a member of a local government council or of an
equivalent body in another Territory or a State; and
(c) the person does not have a recent political affiliation; and
(d) the person is not, and has not been during the previous
2 years, an acting ICAC appointed under section 59(1).
(2) If a person who is a public officer (other than as the Commissioner
or as an Integrity Officer) is appointed as the Commissioner, the
person cannot exercise any powers or perform any functions (as an
Integrity Officer or otherwise) while the person remains a public
officer.
13 Term of appointment
(1) The appointment of a person as the Commissioner is for a period of
5 years.
(2) A person who is the Commissioner may be reappointed, if still
eligible, for one further period of 5 years.
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Integrity and Ethics Commissioner Act 2025 9
14 Conditions of appointment
(1) The Commissioner holds office on the conditions (including
conditions about remuneration, expenses and allowances)
determined by the Administrator.
(2) The Commissioner's conditions of office:
(a) cannot provide any conditions that are contingent on the
Commissioner's performance in office; and
(b) cannot be varied to the detriment of the Commissioner during
the Commissioner's term in office.
Example for subsection (2)(a)
Performance-based remuneration or bonus.
15 Leave of absence
The Minister may grant the Commissioner leave of absence on the
conditions decided by the Minister.
16 Vacancy in office
The office of Commissioner becomes vacant if:
(a) the Commissioner resigns under section 17; or
(b) the Commissioner's appointment is terminated under
section 18(4); or
(c) the Commissioner is:
(i) found guilty of an offence, whether in the Territory or
elsewhere, for which the maximum penalty is
imprisonment for a term of at least 12 months, with or
without a fine; or
(ii) sentenced to imprisonment for an offence, whether in
the Territory or elsewhere and whether or not the
sentence is suspended; or
(d) the Commissioner becomes bankrupt, applies to take the
benefit of a law for the relief of bankrupt or insolvent debtors,
compounds with creditors or makes an assignment of
remuneration for their benefit; or
(e) the Commissioner becomes a candidate for election as a
member of an Australian parliament or a local government
council; or
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Integrity and Ethics Commissioner Act 2025 10
(f) the Commissioner becomes a public officer (other than
through reappointment as the Commissioner); or
(g) the Commissioner is no longer an eligible person for
appointment.
17 Resignation
The Commissioner may resign office by written notice given to the
Administrator.
18 Suspension and termination of appointment
(1) The Administrator may suspend the Commissioner from duty:
(a) if the Commissioner becomes physically or mentally incapable
of satisfactorily performing official duties (as an Integrity
Officer or otherwise); or
(b) if the Commissioner (as an Integrity Officer or otherwise)
engages in corrupt conduct; or
(c) if the Commissioner engages in paid employment outside the
duties of office without the Minister's approval; or
(d) if the Commissioner is absent from duty (as an Integrity Officer
or otherwise), without the approval of the Minister and without
reasonable excuse, for 28 consecutive days or for 42 days in
any 12 months; or
(e) on the ground of proved misbehaviour; or
(f) on the ground of incompetence; or
(g) while the Inspector is dealing with a complaint against the
Commissioner under Part 4, Division 1, if recommended by
the Inspector.
(2) The Minister must immediately give the Commissioner a statement
of reasons for the suspension.
(3) The Minister must table in the Legislative Assembly the statement
and any written response by the Commissioner within 6 sitting days
after the suspension.
(4) If, within 6 sitting days after the statement is tabled, a resolution of
the Legislative Assembly is passed by at least two-thirds of the
whole number of members requiring the Administrator to terminate
the Commissioner's appointment, the Administrator must terminate
the Commissioner's appointment.
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Division 2 Appointment of Commissioner and related matters
Integrity and Ethics Commissioner Act 2025 11
(5) The suspension of the Commissioner is lifted if:
(a) the Minister does not table the statement under
subsection (3); or
(b) the Legislative Assembly does not pass a resolution in
accordance with subsection (4).
(6) The Commissioner is entitled to be paid remuneration and
allowances during the period of suspension.
19 Ministerial power to direct Commissioner to take leave
(1) The Minister may, in writing, direct the Commissioner to take leave
of absence to prevent serious operational, governance and work
health and safety risks to IEC personnel if the Minister considers it
is in the public interest to do so.
(2) The Commissioner is entitled to be paid remuneration and
allowances during the period of leave.
20 Acting Commissioner
(1) The Administrator may appoint an eligible person for appointment
as the Commissioner to act as the Commissioner:
(a) during a vacancy in the office; or
(b) during a period, or all periods, when the Commissioner (or
another Acting Commissioner) is unable, or unavailable, to
perform official duties.
(2) An appointment to act as the Commissioner during a vacancy in the
office may only be for a period or periods not exceeding in
aggregate 6 months in any 12 months.
(3) If the office of Commissioner has been vacant for a period of
18 months, no further appointment to act as the Commissioner
during the vacancy can be made.
(4) An Acting Commissioner holds office on the conditions (including
conditions about remuneration, expenses and allowances)
determined by the Administrator.
(5) Subject to section 21(3), if a person who is a public officer (other
than as the Acting Commissioner or as an Integrity Officer) is
appointed to act as the Commissioner, the person may exercise
any powers or perform any functions (as an acting Integrity Officer
or otherwise) while the person remains a public officer.
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Division 2 Appointment of Commissioner and related matters
Integrity and Ethics Commissioner Act 2025 12
21 Acting Commissioner acts as each Integrity Officer
(1) While a person acts as the Commissioner, the person also acts as
each Integrity Officer.
(2) To avoid doubt, subsection (1) has effect without the need for any
appointment to act as an Integrity Officer.
(3) Despite subsection (1), an Acting Commissioner cannot:
(a) as the acting Health Complaints Commissioner – inquire into,
conciliate, investigate or otherwise deal with, under the Health
and Community Services Complaints Act 1998, a complaint
relating to a health service or community service:
(i) in which the Acting Commissioner is employed or holds
office; or
(ii) to which the Acting Commissioner provides services
under any form of arrangement; or
(b) as the acting ICAC – investigate under the ICAC Act a matter
involving the conduct of:
(i) themselves as the acting ICAC; or
(ii) a public body in which the Acting Commissioner is
employed or holds office; or
(iii) a public body or public officer to which the Acting
Commissioner provides services under any form of
arrangement; or
(iv) if the Acting Commissioner is a public sector
employee – a judicial officer; or
(c) as the acting Information Commissioner – investigate or deal
with, under the Information Act 2002, a complaint relating to a
public sector organisation:
(i) in which the Acting Commissioner is employed or holds
office; or
(ii) to which the Acting Commissioner provides services
under any form of arrangement; or
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Integrity and Ethics Commissioner Act 2025 13
(d) as the acting Ombudsman – investigate or deal with, under
the Ombudsman Act 2009, a complaint relating to:
(i) a public body in which the Acting Commissioner is
employed or holds office; or
(ii) a public body or public officer to which the Acting
Commissioner provides services under any form of
arrangement.
(4) In this section:
public sector organisation, see section 5 of the Information
Act 2002.
Notes for section 21
1 If the Commissioner takes 3 weeks of leave, a person appointed to act as the
Commissioner during that period also becomes the acting Health Complaints
Commissioner, acting ICAC, acting Information Commissioner and acting
Ombudsman.
2 Part 4, Division 4 also provides for the appointment, in certain circumstances,
of an acting Health Complaints Commissioner, acting ICAC, acting
Information Commissioner and acting Ombudsman.
22 Oath before taking office
(1) A person appointed to be the Commissioner must, before
exercising any powers or performing any functions as
Commissioner or as an Integrity Officer, take an oath that the
person will faithfully, impartially and truly perform the functions of
the Commissioner and each Integrity Officer according to law.
(2) A person appointed to act as the Commissioner must, before
exercising any powers or performing any functions as Acting
Commissioner or as an acting Integrity Officer, take an oath that the
person will faithfully, impartially and truly perform the functions of
the Acting Commissioner and of each acting Integrity Officer for
which the person is appointed, according to law.
(3) The oath must be administered:
(a) for the Commissioner – by the Administrator; or
(b) for an Acting Commissioner – by the Administrator or the
Minister.
(4) A person is not required to take an oath under subsection (2) if the
person has previously taken an oath as Acting Commissioner within
the past 2 years.
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Part 3 Integrity and Ethics Oversight Inspector
Division 1 Establishment and related matters
Integrity and Ethics Commissioner Act 2025 14
Part 3 Integrity and Ethics Oversight Inspector
Division 1 Establishment and related matters
23 Integrity and Ethics Oversight Inspector
There is to be an Integrity and Ethics Oversight Inspector.
24 Functions
(1) The Inspector has the following functions:
(a) in relation to the Commissioner and the IEC's Office:
(i) to evaluate the Commissioner's performance (as each
Integrity Officer and otherwise), and report on the
evaluation, in accordance with sections 35 and 36; and
(ii) to evaluate any aspect of the Commissioner's operations
or any conduct of a member of IEC personnel; and
(iii) to receive and deal with complaints about the
Commissioner (as an Integrity Officer or otherwise), a
member of IEC personnel or the IEC's Office; and
(iv) to determine how any conflict of interest that arises as a
result of the Commissioner concurrently being each
Integrity Officer will be resolved; and
(v) to make recommendations to the Commissioner (as an
Integrity Officer) regarding practices or procedures in
relation to the exercise of powers and performance of
functions under an Integrity Act;
(b) in relation to the Auditor-General's Office:
(i) to evaluate the Auditor-General, and report on the
evaluation, in accordance with sections 43 and 44; and
(ii) to receive and deal with complaints about the
Auditor-General, a member of the Auditor-General's staff
or the Auditor-General's Office;
(c) to perform any other functions conferred on the Inspector
under this or any other Act.
(2) Despite subsection (1), the functions of the Inspector do not include
receiving and dealing with complaints, grievances or other matters
under the Public Sector Employment and Management Act 1993.
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Part 3 Integrity and Ethics Oversight Inspector
Division 1 Establishment and related matters
Integrity and Ethics Commissioner Act 2025 15
25 Powers
(1) The Inspector may do all things necessary or convenient to be done
for, or in relation to, the performance of the Inspector's functions.
(2) The powers of the Inspector under this Part in relation to the
Commissioner, members of IEC personnel, the Auditor-General
and members of the Auditor-General's staff include a former
Commissioner, former members of IEC personnel, a former
Auditor-General and former members of the Auditor-General's staff.
26 Independence
The Inspector is not subject to direction by any person about the
way the Inspector exercises the Inspector's powers or performs the
Inspector's functions.
27 Recommendation and appointment
(1) The Administrator may appoint an eligible person to be the
Inspector.
(2) An appointment under subsection (1) may only be made after the
Legislative Assembly has recommended the person for
appointment as the Inspector.
(3) The Minister must table a copy of the appointment in the Legislative
Assembly within 6 sitting days after the appointment is made.
(4) A person is an eligible person for appointment as the Inspector if:
(a) the person is an eligible person for appointment as the
Commissioner; and
(b) the person is not and has not been, at any time in the previous
12 months:
(i) the Commissioner; or
(ii) a member of IEC personnel; or
(iii) the Auditor-General; or
(iv) a member of the Auditor-General's staff.
28 Term of appointment
(1) The Inspector holds office for the period, not exceeding 5 years,
specified in the instrument of appointment.
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Part 3 Integrity and Ethics Oversight Inspector
Division 2 Staff of Inspector
Integrity and Ethics Commissioner Act 2025 16
(2) A person who is or was the Inspector may be reappointed, if still an
eligible person, for one further period not exceeding 5 years,
specified in the instrument of appointment.
29 Conditions of appointment
(1) The Inspector holds office on the conditions (including conditions
about remuneration, expenses and allowances) determined by the
Administrator.
(2) The Inspector's conditions of office:
(a) cannot provide any conditions that are contingent on the
Inspector's performance in office; and
(b) cannot be varied to the detriment of the Inspector during the
Inspector's term in office.
Example for subsection (2)(a)
Performance-based remuneration or bonus.
30 Oath before taking office
(1) A person appointed to be the Inspector must, before exercising any
powers or performing any functions as Inspector, take an oath that
the person will faithfully, impartially and truly perform the functions
of the Inspector according to law.
(2) The oath must be administered by the Administrator.
31 Protection of Inspector
The Inspector has, in the exercise of the Inspector's powers and
performance of the Inspector's functions under this Act, the same
protection and immunity as a member of a court has under the
Courts and Administrative Tribunals (Immunities) Act 2008.
Division 2 Staff of Inspector
32 Staff
(1) The staff of the Inspector consists of:
(a) persons employed in an Agency made available by the Chief
Executive Officer of the Agency under an arrangement with
the Inspector; and
(b) persons engaged by the Inspector as consultants.
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Part 3 Integrity and Ethics Oversight Inspector
Division 2 Staff of Inspector
Integrity and Ethics Commissioner Act 2025 17
(2) In exercising powers and performing functions under this Act or any
other Act, a member of Inspector staff is subject only to the
direction of the Inspector or another member of Inspector staff.
33 Suitability checks
(1) This section applies in relation to the Inspector determining whether
a person is a suitable person to be, or remain as, a member of
Inspector staff.
(2) The Inspector may request the person to do any of the following:
(a) provide or consent to a criminal history check and, if
necessary, provide biometric data for that purpose;
(b) declare personal interests the Inspector considers relevant;
(c) undergo a police intelligence or integrity check;
(d) undergo a medical or psychological assessment;
(e) make a statutory declaration in relation to matters determined
by the Inspector to be relevant to the person's suitability.
(3) The Inspector may take into account the person's irrelevant criminal
record, if:
(a) it appears relevant to the person's ability to be involved in a
particular matter in a way that will be and appear to be
impartial; or
(b) it may generally bring the Inspector's reputation for impartiality
and integrity into disrepute; or
(c) it may affect the person's ability to carry out substantial parts
of the person's role.
(4) A person who has a recent political affiliation is not suitable to be a
member of Inspector staff unless the person satisfies the Inspector
that the person's past and present political opinion, affiliation or
activity is sufficiently minor or remote so as not to affect the
person's suitability to be a member of Inspector staff.
(5) The acts referred to in subsections (2), (3) and (4) are authorised
for section 53 of the Anti-Discrimination Act 1992.
(6) In this section:
irrelevant criminal record, see section 4(1) of the
Anti-Discrimination Act 1992.
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Division 1 Oversight of Commissioner and IEC's Office
Integrity and Ethics Commissioner Act 2025 18
34 Handling information regarding suitability
(1) Subject to subsection (2), the Inspector must not disclose any
information about a person obtained as a result of action taken
under section 33(2) to any person other than the person.
(2) The Inspector may disclose information referred to in subsection (1)
to the extent necessary for any proceeding relating to action taken
in relation to the person to which the information is relevant.
(3) The Inspector must arrange for the secure storage of information
referred to in subsection (1) and for its destruction when it is no
longer required.
Part 4 Oversight of Commissioner, IEC's Office and
Auditor-General's Office
Division 1 Oversight of Commissioner and IEC's Office
35 Evaluation of Commissioner
(1) The Inspector must evaluate the performance of the Commissioner
(as each Integrity Officer and otherwise) for a financial year.
(2) In evaluating the Commissioner's performance, the Inspector must
consider:
(a) whether the Commissioner (as an Integrity Officer) and
members of IEC personnel acted within power and in
compliance with the Integrity Acts and any other relevant Acts
or subordinate legislation; and
(b) whether the Commissioner (as an Integrity Officer or
otherwise) has implemented any previous recommendations
made by the Inspector; and
(c) any other matters the Inspector considers relevant.
36 Report on evaluation
(1) The Inspector must prepare a report on an evaluation under
section 35 and give a copy of the proposed report to the
Commissioner.
(2) The Inspector must give the Commissioner a reasonable
opportunity to comment on the proposed report and include a fair
representation of the Commissioner's comments in the report.
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Integrity and Ethics Commissioner Act 2025 19
(3) The Inspector must give the report to the Minister and the
Commissioner within 3 months after the end of the financial year to
which it relates.
(4) The Minister must table a copy of the report in the Legislative
Assembly within 6 sitting days after the Minister receives the report.
37 Complaints about Commissioner
(1) A person may complain to the Commissioner or the Inspector about
improper conduct or questionable conduct of any of the following:
(a) the Commissioner (as an Integrity Officer or otherwise);
(b) a member of IEC personnel;
(c) the IEC's Office.
(2) If the Commissioner receives a complaint, the Commissioner must
notify and give details of the complaint to the Inspector within
14 days.
(3) The Inspector may deal with a complaint in any manner the
Inspector considers appropriate.
38 Access to IEC premises and information
(1) For an evaluation or dealing with a complaint under this Division,
the Inspector:
(a) has full and free access to IEC premises and all items in the
possession or control of the Commissioner (as an Integrity
Officer or otherwise) or a member of IEC personnel; and
(b) may make a copy of any document in the possession or
control of the Commissioner (as an Integrity Officer or
otherwise) or a member of IEC personnel.
(2) The Commissioner and members of IEC personnel must give the
Inspector all reasonable assistance the Inspector requires for an
evaluation or dealing with a complaint.
(3) In this section:
IEC premises means premises occupied by the Commissioner (as
an Integrity Officer or otherwise), a member of IEC personnel or the
IEC's Office in connection with the performance of official functions.
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Division 1 Oversight of Commissioner and IEC's Office
Integrity and Ethics Commissioner Act 2025 20
39 Further powers of Inspector
(1) At any time during or on completion of, an evaluation or dealing
with a complaint under this Division, the Inspector may:
(a) refer a matter to a law enforcement agency for investigation or
prosecution; or
(b) refer a matter to the Commissioner (as an Integrity Officer or
otherwise) or a public body for investigation and disciplinary
action against a public officer for which the Commissioner or
public body is responsible; or
(c) make recommendations to the Commissioner (as an Integrity
Officer) about practices or procedures in relation to the
exercise of powers or performance of functions under an
Integrity Act.
(2) The Inspector may exercise the Inspector's power under
section 59(1) if:
(a) a complaint raises allegations of improper conduct or
questionable conduct of the Commissioner (as an Integrity
Officer or otherwise), a member of IEC personnel or the IEC's
Office; or
(b) the Inspector becomes aware (in conducting an evaluation, in
dealing with a complaint or otherwise) of information that, if
true, would tend to show improper conduct or questionable
conduct of the Commissioner (as an Integrity Officer or
otherwise), a member of IEC personnel or the IEC's Office.
(3) If the Inspector is of the opinion that a matter needs to be brought
to the attention of the Minister sooner than the next report under
section 36 is due, the Inspector may make a report to the Minister.
(4) The Inspector may specify to the Minister that the report is to be
tabled in the Legislative Assembly.
(5) If the Inspector specifies that a report is to be tabled in the
Legislative Assembly, the Minister must table a copy of the report in
the Legislative Assembly within 6 sitting days after the Minister
receives the report.
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Division 1 Oversight of Commissioner and IEC's Office
Integrity and Ethics Commissioner Act 2025 21
40 Resolution of conflicts of interest
(1) If the Commissioner (as an Integrity Officer) determines that
exercising a power or performing a function under an Integrity Act
would give rise to an actual, potential or perceived conflict of
interest, the Commissioner:
(a) must notify the Inspector in writing as soon as practicable; and
(b) must not exercise the power or perform the function.
(2) The Inspector must:
(a) determine how the power is to be exercised or the function is
to be performed so as to avoid the conflict of interest arising;
and
(b) advise the Commissioner (as the relevant Integrity Officer) of
the Inspector's determination.
Examples for subsection (2)(a)
The Inspector may determine that:
(a) the Commissioner (as the relevant Integrity Officer) may resume exercising
the power or performing the function with specified measures in place; or
(b) an acting Integrity Officer must be appointed to exercise the power or
perform the function.
41 No oversight of Judicial Commission
If the Commissioner is the principal officer under the Judicial
Commission Act 2020, nothing in this Act authorises the Inspector
to exercise a power or perform a function in relation to the Judicial
Commission.
42 Pause of statutory timeframe – Information Act 2002
(1) If section 40 prevents the Commissioner from exercising a power or
performing a function under the Information Act 2002, any
timeframe specified within which the Commissioner must act under
that Act is paused until the later of the following:
(a) the Inspector determines that the Commissioner may resume
exercising the power or performing the function;
(b) a person recommended for appointment under section 40
assumes responsibility for the matter.
(2) To avoid doubt, a timeframe that resumes in accordance with
subsection (1) resumes from the point it was paused.
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Division 2 Oversight of Auditor-General's Office
Integrity and Ethics Commissioner Act 2025 22
Division 2 Oversight of Auditor-General's Office
43 Evaluation of Auditor-General's Office
(1) The Inspector may, at any time, evaluate:
(a) the performance of the Auditor-General's functions; or
(b) any aspect of the Auditor-General's operations.
Examples for subsection (1)(a) and (b)
Timeliness of reports, use of resources, management of contractors and
compliance with statutory reporting and accountability obligations.
(2) The Inspector's power under subsection (1) does not extend to an
evaluation of the Auditor-General's audit judgments, methodologies
or opinions.
44 Report on evaluation
(1) The Inspector must prepare a report on an evaluation under
section 43 and give a copy of the proposed report to the
Auditor-General.
(2) The Inspector must give the Auditor-General a reasonable
opportunity to comment on the proposed report and include a fair
representation of the Auditor-General's comments in the report.
(3) The Inspector must give the report to the Minister and the
Auditor-General within 3 months after the evaluation to which it
relates.
(4) The Minister must table a copy of the report in the Legislative
Assembly within 6 sitting days after the Minister receives the report.
45 Complaints about Auditor-General
(1) A person may complain to the Auditor-General or the Inspector
about improper conduct or questionable conduct of any of the
following:
(a) the Auditor-General;
(b) a member of the Auditor-General's staff;
(c) the Auditor-General's Office.
(2) If the Auditor-General receives a complaint, the Auditor-General
must notify and give details of the complaint to the Inspector within
14 days.
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(3) The Inspector may deal with a complaint in any manner the
Inspector considers appropriate.
(4) Despite subsection (3), the functions of the Inspector do not include
receiving or dealing with complaints about audit judgments,
methodologies or opinions.
46 Access to Auditor-General's premises and information
(1) For an evaluation or dealing with a complaint under this Division,
the Inspector:
(a) has full and free access to the Auditor-General's premises and
all items in the possession or control of the Auditor-General or
a member of the Auditor-General's staff other than audit files;
and
(b) may make a copy of any document in the possession or
control of the Auditor-General or a member of the
Auditor-General's staff other than a document on an audit file.
(2) The Auditor-General and members of the Auditor-General's staff
must give the Inspector all reasonable assistance the Inspector
requires for an evaluation or dealing with a complaint.
(3) In this section:
audit file means a document created or obtained for the purpose of
forming an audit opinion or audit judgment under the Audit
Act 1995.
Auditor-General's premises means premises occupied by the
Auditor-General, members of the Auditor-General's staff or the
Auditor-General's Office in connection with the performance of
official functions.
47 Further powers of Inspector
(1) At any time during, or on completion of, an evaluation or dealing
with a complaint under this Division, the Inspector may:
(a) refer a matter to a law enforcement agency for investigation or
prosecution; or
(b) refer a matter to the Auditor-General or a public body for
investigation and disciplinary action; or
(c) make recommendations to the Auditor-General about
practices or procedures in relation to the exercise of powers or
performance of functions under the Audit Act 1995.
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(2) The Inspector may exercise the Inspector's power under
section 59(1) if:
(a) a complaint raises allegations of improper conduct or
questionable conduct of the Auditor-General, a member of the
Auditor-General's staff or the Auditor-General's Office; or
(b) the Inspector becomes aware (in conducting an evaluation, in
dealing with a complaint or otherwise) of information that, if
true, would tend to show improper conduct or questionable
conduct of the Auditor-General, a member of the Auditor-
General's staff or the Auditor-General's Office.
Division 3 General matters
48 Power to require person to attend Inspector for questioning
etc.
(1) The Inspector may require any of the following to attend the
Inspector to answer questions or produce documents in relation to
an evaluation being conducted or a complaint being dealt with by
the Inspector:
(a) the Commissioner (as an Integrity Officer or otherwise);
(b) any member of IEC personnel;
(c) the Auditor-General;
(d) any member of the Auditor-General's staff.
(2) The person required to attend must be given a written notice
requiring the person to attend at a specified time and place.
(3) The notice may require the person to bring and produce to the
Inspector specified items, or items of a specified kind, in the
person's possession or control relevant to the matter.
(4) The Inspector may require a person attending to do one or more of
the following:
(a) take an oath to answer all questions truthfully;
(b) answer a question relevant to the matter asked by the
Inspector;
(c) produce any items in the possession or control of the person
relevant to the complaint or evaluation.
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49 Contravening requirement to attend
(1) A person commits an offence if the person:
(a) is required to do something under section 48 and has
knowledge of that circumstance; and
(b) intentionally fails to comply with the requirement.
Maximum penalty: 100 penalty units or imprisonment for
12 months or both.
(2) It is a defence to a prosecution for an offence against
subsection (1) if the defendant has a reasonable excuse.
50 Inspection and copies of documents
(1) The Inspector may inspect any documents or other items produced
to the Inspector under this Act.
(2) The Inspector may:
(a) retain any document or other item produced to the Inspector
for any reasonable period the Inspector thinks appropriate;
and
(b) make a copy of or take an extract from any document
produced to the Inspector if the Inspector is of the opinion the
copy or extract is relevant to a function of the Inspector in
relation to a matter under this Act.
(3) If the retention of a document or other item ceases to be reasonably
necessary for the matter to which it relates, the Inspector must
return the document or other item to a person who is entitled to
possession of the document or other item, on request of the person.
(4) Subsection (3) does not apply in relation to a document or other
item if it is required as evidence for an offence against this Act or
another law in force in the Territory.
51 Direction not to disclose certain information
(1) The Inspector may, in writing, direct a person not to disclose
information if the Inspector believes on reasonable grounds the
information would:
(a) put a person's safety or wellbeing at risk; or
(b) prejudice an investigation or activities related to an
investigation under the ICAC Act.
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(2) A direction under subsection (1) may direct a person not to disclose
to particular persons or classes of person or, subject to this section,
to all persons, as specified in the direction.
(3) A direction under subsection (1) must include the following:
(a) if the regulations require the direction to be recorded in a
register – the means of locating the direction in the register;
(b) the date the direction expires, which must be a date within
12 months after the date the direction is given, unless the
direction is given to protect an person's safety or wellbeing or
to prevent disclosure of identifying information;
(c) a statement as to whether the direction is the first direction, or
a subsequent direction, given to the same person in relation to
the same information;
(d) a statement that the direction ceases to have effect if the
information to which it relates becomes public knowledge.
(4) A failure to comply with subsection (3) does not invalidate the
direction, but if no date is specified as required by subsection (3)(b),
the direction expires 6 months after the date it is given.
(5) A person given a direction under subsection (1) commits an
offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a contravention of the direction and the
person is reckless in relation to the result.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(6) It is a defence to a prosecution for an offence against
subsection (5) if:
(a) the disclosure is made:
(i) to a legal practitioner for obtaining professional legal
advice; or
(ii) to a health practitioner or an accredited counsellor for
obtaining professional assistance; or
(iii) to a religious or spiritual advisor who is subject to ethical
confidentiality obligations, for obtaining spiritual
assistance; or
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(b) the person discloses the information believing on reasonable
grounds that:
(i) circumstances of sudden or extraordinary emergency
exist; and
(ii) disclosing the information is the only reasonable way to
deal with the emergency; and
(iii) the risk that the disclosure is made in response to
significantly outweighs any risk to a protected person in
disclosing the information.
(7) A direction may be given to a person more than once under this
section in relation to the same information.
(8) In this section:
health practitioner means:
(a) a medical practitioner; or
(b) a person registered under the Health Practitioner Regulation
National Law to practise in the psychology profession (other
than as a student).
protected person, see section 4 of the ICAC Act.
52 Assistance
(1) The Inspector may engage any assistance the Inspector thinks
appropriate in relation to an evaluation being conducted or a
complaint being dealt with or to assist in the exercise of any other
power or the performance of any other function by the Inspector.
(2) For subsection (1), the Inspector may, in writing, authorise any
person engaged to inspect and report to the Inspector on any
document or other item relevant to an evaluation or complaint.
(3) The Inspector may, in writing, delegate to a person referred to in
subsection (1) any of the Inspector's powers and functions under
this Act.
53 Further assistance – supplementary Inspector
(1) The position of supplementary Integrity and Ethics Oversight
Inspector (the supplementary Inspector) is established.
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(2) On the recommendation of the Inspector, a supplementary
Inspector must be appointed by the Administrator, for the period
recommended by the Inspector.
(3) The Inspector must not make a recommendation referred to in
subsection (2) unless:
(a) the Inspector is of the opinion that the workload of the
Inspector has exceeded the Inspector's reasonable capacity;
and
(b) the person recommended is an eligible person for
appointment as Inspector.
(4) The supplementary Inspector has the same powers and functions
as the Inspector.
(5) The supplementary Inspector holds office on the conditions
(including conditions about remuneration, expenses and
allowances) determined by the Administrator.
(6) The supplementary Inspector's conditions of office:
(a) cannot provide any conditions that are contingent on the
supplementary Inspector's performance in office; and
(b) cannot be varied to the detriment of the supplementary
Inspector during the supplementary Inspector's term in office.
(7) A person appointed to be the supplementary Inspector must, before
exercising any powers or performing any functions as Inspector,
take an oath that the person will faithfully, impartially and truly
perform the functions of the Inspector according to law.
(8) The oath must be administered by the Administrator.
54 Resolution of conflicts of interest
If the Inspector determines that exercising a power or performing a
function under this Act or an Integrity Act would give rise to an
actual, potential or perceived conflict of interest, the Inspector:
(a) must notify the Minister in writing as soon as practicable; and
(b) must not exercise the power or perform the function; and
(c) must recommend a suitable person for exercising the power or
performing the function, whether an acting Integrity Officer, a
supplementary Inspector or otherwise.
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Division 4 Appointment of acting Integrity Officers
Integrity and Ethics Commissioner Act 2025 29
55 Disapplication of section 52 of Surveillance Devices Act 2007
Section 52 of the Surveillance Devices Act 2007 does not apply to
the use, communication or publication of protected information
within the meaning of that Act in relation to the exercise of the
Inspector's powers and performance of the Inspector's functions
under this Part.
56 Confidentiality of information
(1) In a report on an evaluation or a report made under section 39(3) or
in dealing with a complaint, the Inspector may disclose information
obtained in the exercise of powers or the performance of functions
only to the extent the Inspector considers necessary for the
effective exercise of the powers or performance of the functions.
(2) In determining whether to disclose information, the Inspector must
consider the effect of disclosure on:
(a) any preliminary inquiries, investigations or referrals under an
Integrity Act; and
(b) potential criminal proceedings; and
(c) the safety and wellbeing of any person; and
(d) the effect of disclosure on a person's reputation.
57 Service
(1) A notice, under this Part may be given:
(a) by serving it on the recipient; or
(b) by sending it to the recipient by email or another form of
electronic communication.
(2) Subject to evidence to the contrary, a notice sent in accordance
with subsection (1)(b) is taken to be given to the recipient when it is
sent to the recipient.
Division 4 Appointment of acting Integrity Officers
58 Appointment of acting Health Complaints Commissioner
(1) The Inspector may appoint an eligible person to act as the Health
Complaints Commissioner to deal with a specified matter under the
Health and Community Services Complaints Act 1998 that the
Health Complaints Commissioner cannot deal with due to a conflict
of interest.
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(2) A person is an eligible person for appointment as an acting Health
Complaints Commissioner under subsection (1) if the person is not:
(a) a registered provider; or
(b) a member of a professional association of health service
providers.
(3) For subsection (2)(b), a professional association of health services
providers does not include:
(a) an industrial organisation; or
(b) an association of health administrators.
(4) Concurrent appointments may exist under this section if the
conditions of appointment distinguish the circumstances in which
each appointee may act.
(5) To avoid doubt, an appointment may be made under this section
regardless of whether a person has been appointed to act as the
Commissioner under section 20.
Note for subsection (5)
Under section 21, a person appointed to act as the Commissioner under
section 20 would also be an acting Health Complaints Commissioner.
(6) In this section:
Board means a National Board.
National Board means a National Health Practitioner Board
established by section 31 of the Health Practitioner Regulation
National Law.
provider means a person who, or body that, provides, or holds out
as being able to provide, a health service or community service and
includes the following:
(a) an employer of a provider;
(b) a volunteer who provides a health service or community
service on behalf of a provider.
registered provider means a provider registered by a relevant
Board.
relevant Board, in relation to a registered provider, means the
Board that registered the provider.
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Division 4 Appointment of acting Integrity Officers
Integrity and Ethics Commissioner Act 2025 31
59 Appointment of acting ICAC
(1) The Inspector may appoint an eligible person to act as the ICAC:
(a) to conduct an investigation under the ICAC Act into the
conduct of any of the following:
(i) the Commissioner (as an Integrity Officer or otherwise);
(ii) a member of IEC personnel;
(iii) the IEC's Office;
(iv) the Auditor-General;
(v) a member of the Auditor-General's staff;
(vi) the Auditor-General's Office; and
(b) to report on the investigation in accordance with section 60;
and
(c) to take any further action under the ICAC Act that the person
considers appropriate.
(2) The Inspector may appoint an eligible person to act as the ICAC to
deal with a specified matter under the ICAC Act that the ICAC
cannot deal with due to a conflict of interest.
(3) A person is an eligible person for appointment as an acting ICAC
under subsection (1) or (2) if the person:
(a) is an eligible person for appointment as the Commissioner;
and
(b) is not, and has not been, at any time in the previous
12 months, a public officer.
(4) An acting ICAC appointed under subsection (1) holds office from
the day on which the appointment is made to the day on which the
report referred to in section 60 is made, unless specified otherwise
in the instrument of appointment.
(5) Concurrent appointments may exist under this section if the
conditions of appointment distinguish the circumstances in which
each appointee may act.
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(6) To avoid doubt, an appointment may be made under this section
regardless of whether a person has been appointed to act as the
Commissioner under section 20.
Note for subsection (6)
Under section 21, a person appointed to act as the Commissioner under
section 20 would also be an acting ICAC.
60 Report following investigation
(1) Following an investigation referred to in section 59(1), the acting
ICAC must make a report on the investigation to the Chief Minister
and the Inspector.
(2) The report must be prepared in accordance with section 50(2) to (5)
of the ICAC Act.
(3) Section 50A of the ICAC Act applies in relation to the report.
61 Appointment of acting Information Commissioner
(1) The Inspector may appoint an eligible person to act as the
Information Commissioner to deal with a specified matter under the
Information Act 2002 that the Information Commissioner cannot
deal with due to a conflict of interest.
(2) A person is an eligible person for appointment as an acting
Information Commissioner under subsection (1) if the person is not
a member of the Legislative Assembly.
(3) Concurrent appointments may exist under this section if the
conditions of appointment distinguish the circumstances in which
each appointee may act.
(4) To avoid doubt, an appointment may be made under this section
regardless of whether a person has been appointed to act as the
Commissioner under section 20.
Note for subsection (4)
Under section 21, a person appointed to act as the Commissioner under
section 20 would also be an acting Information Commissioner.
62 Appointment of acting Ombudsman
(1) The Inspector may appoint an eligible person to act as the
Ombudsman to deal with a specified matter under the Ombudsman
Act 2009 that the Ombudsman cannot deal with due to a conflict of
interest.
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(2) A person is an eligible person for appointment as an acting
Ombudsman under subsection (1) if the person:
(a) is an eligible person for appointment as the Commissioner;
and
(b) is not, and has not been, at any time in the previous
12 months, a public officer.
(3) Concurrent appointments may exist under this section if the
conditions of appointment distinguish the circumstances in which
each appointee may act.
(4) To avoid doubt, an appointment may be made under this section
regardless of whether a person has been appointed to act as the
Commissioner under section 20.
Note for subsection (4)
Under section 21, a person appointed to act as the Commissioner under
section 20 would also be an acting Ombudsman.
63 Conditions of appointment
(1) An acting Integrity Officer holds office on the conditions (including
conditions about remuneration, expenses and allowances)
determined by the Inspector.
(2) The acting Integrity Officer's conditions of office:
(a) cannot provide any conditions that are contingent on the
acting Integrity Officer's performance in office; and
(b) cannot be varied to the detriment of the acting Integrity Officer
during the acting Integrity Officer's term in office.
64 Oath before taking office
(1) A person appointed as an acting Integrity Officer must, before
exercising any powers or performing any functions as an acting
Integrity Officer, take an oath that the person will faithfully,
impartially and truly perform the functions of the office for which the
person is appointed to act, according to law.
(2) The oath must be administered by the Inspector.
(3) A person is not required to take an oath under subsection (1) if the
person has previously taken an oath as an acting Integrity Officer
within the past 2 years.
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Part 5 Miscellaneous matters
Integrity and Ethics Commissioner Act 2025 34
Part 5 Miscellaneous matters
65 Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to another person;
and
(b) the information is misleading and the person has knowledge of
that circumstance; and
(c) the other person is acting in an official capacity and the person
has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person;
and
(b) the document contains misleading information and the person
has knowledge of that circumstance; and
(c) the other person is acting in an official capacity and the person
has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(3) It is a defence to a prosecution for an offence against
subsection (1) or (2) if the defendant, when giving the information or
document:
(a) draws the misleading aspect of the information or document to
the other person's attention; and
(b) to the extent to which the defendant can reasonably do so –
gives the other person the information necessary to remedy
the misleading aspect of the information or document.
(4) In this section:
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
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Integrity and Ethics Commissioner Act 2025 35
66 Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith when acting in an official
capacity or purportedly acting in an official capacity.
(2) Subsection (1) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
(3) This section has effect subject to Part VIIA of the Police
Administration Act 1978.
(4) If a person is alleged to have acted in bad faith when acting, or
purportedly acting, in an official capacity, a civil or criminal
proceeding for the act may only be brought by leave of the
Supreme Court.
(5) The Supreme Court is not to grant leave unless satisfied there are
substantial reasons for believing the person acted in bad faith.
(6) This section does not apply in relation to the Inspector.
67 Validity of acts and decisions
A decision made, or other thing done, by the Commissioner (as an
Integrity Officer or otherwise) or the Inspector is not invalid only
because the Commissioner or the Inspector is no longer, or never
was, an eligible person for appointment.
68 Regulations
(1) The Administrator may make regulations under this Act.
(2) A regulation may provide for one or more registers to be kept by the
Commissioner or the Inspector.
Note for section 68
See section 65 of the Interpretation Act 1978.
Part 6 Transitional matters for Integrity and Ethics
Commissioner Act 2025
69 Definitions
In this Part:
former Inspector means the Inspector referred to in section 134 of
the ICAC Act as in force immediately before its repeal.
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Part 6 Transitional matters for Integrity and Ethics Commissioner Act 2025
Integrity and Ethics Commissioner Act 2025 36
IEC related entity means any of the following:
(a) the Health Complaints Commissioner, a staff member as
defined in section 4(1) of the Health and Community Services
Complaints Act 1998 or a consultant engaged under
section 14(2) of that Act;
(b) the ICAC or a member of ICAC staff;
(c) the Information Commissioner, a member of the staff of the
Information Commissioner or a consultant engaged under
section 96(3) of the Information Act 2002;
(d) the Ombudsman or an officer of the Ombudsman's Office as
defined by section 4 of the Ombudsman Act 2009 as in force
immediately before the commencement of section 23;
(e) the Auditor-General or a member of the Auditor-General's
staff.
repealed provision means section 138 of the ICAC Act, as in force
immediately before the commencement of section 23.
70 Certain persons not to be appointed as Inspector
A person must not be appointed to be the Inspector if the person is,
or has been at any time in the 12 month period ending on the
commencement of section 23, any of the following:
(a) the Health Complaints Commissioner or a staff member as
defined in section 4(1) of the Health and Community Services
Complaints Act 1998;
(b) the ICAC or a member of ICAC staff;
(c) the Information Commissioner or a member of the staff of the
Information Commissioner;
(d) the Ombudsman or an officer of the Ombudsman's Office as
defined by section 4 of the Ombudsman Act 2009 as in force
immediately before the commencement of section 23;
(e) the Auditor-General or a public sector employee employed for
the Auditor-General.
71 Conduct before commencement
(1) A complaint may be made under section 37 or 45 about conduct
that occurred before the commencement of those sections, but no
more than 5 years before that commencement.
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Integrity and Ethics Commissioner Act 2025 37
(2) Subsection (1) does not prevent the Inspector from accepting a
complaint and dealing with a matter that occurred more than
5 years before the commencement if the Inspector is of the opinion
there are exceptional circumstances for, or a strong public interest
in, doing so.
72 Current matters in relation to IEC related entity
(1) On the commencement of section 23, the ICAC must cease dealing
with any matter the ICAC is dealing with in relation to an IEC
related entity immediately before the commencement.
(2) Within 7 days after the commencement of section 23, the ICAC
must transfer to the Inspector all information in the possession or
control of the ICAC in relation to a matter referred to in
subsection (1).
(3) The Inspector must deal with the matter as if it were a complaint
made under Part 4.
(4) Within a reasonable time after the commencement of section 23,
the Inspector must give written notice of the following to the person
(if any) who brought the matter to the ICAC's attention:
(a) that the Inspector has assumed responsibility for the matter;
(b) the action the Inspector has taken, or proposes to take, in
relation to the matter.
(5) For this section, the ICAC deals with a matter if the ICAC does any
of the following:
(a) receives or assesses a complaint about the matter;
(b) makes preliminary inquiries into the matter;
(c) investigates the matter;
(d) refers the matter to another entity;
(e) holds a public inquiry (as defined in section 4 of the ICAC Act)
into the matter;
(f) prepares or finalises a report or public statement in relation to
the matter.
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Part 6 Transitional matters for Integrity and Ethics Commissioner Act 2025
Integrity and Ethics Commissioner Act 2025 38
73 Information and records about matters involving IEC related
entities to be transferred
(1) Within 7 days after the commencement of section 23, the ICAC
must transfer to the Inspector all information and records relating to
matters involving an IEC related entity that are in the possession or
control of the ICAC immediately before that commencement, other
than information referred to in section 72.
(2) Without limiting subsection (1), information and records that must
be transferred include the following:
(a) complaint files;
(b) investigation materials;
(c) legal advice or information;
(d) referrals from other Agencies;
(e) evaluation reports;
(f) case management records.
(3) To avoid doubt, subsection (1) applies to confidential information
obtained from a law enforcement agency.
74 Complaints with former Inspector
(1) This section applies in relation to a complaint the former Inspector
received or was notified of under the repealed provision if,
immediately before the commencement of section 23, the former
Inspector:
(a) had not finished dealing with the complaint; or
(b) had not started dealing with the complaint.
(2) All information in the possession or control of the former Inspector
immediately before the commencement of section 23 in relation to
the complaint is to be transferred to the Inspector.
(3) The Inspector must deal with the complaint as if it had been made
under Part 4.
(4) Within a reasonable time after the commencement of section 23,
the Inspector must give written notice of the following to the person
who made the complaint:
(a) that the Inspector has assumed responsibility for the
complaint;
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Part 6 Transitional matters for Integrity and Ethics Commissioner Act 2025
Integrity and Ethics Commissioner Act 2025 39
(b) the action that the Inspector has taken, or proposes to take, in
relation to the complaint.
75 Information and records to be transferred
(1) All information and records in the possession or control of the
former Inspector immediately before the commencement of
section 23, other than information covered by section 73, are to be
transferred to the Inspector.
(2) Without limiting subsection (1), information and records that must
be transferred include the following:
(a) all information relating to a complaint under the repealed
provision that does not relate to a complaint referred to in
section 73;
(b) any information that may disclose the identity of a person (a
complainant) who has made a complaint under the repealed
provision or that in any way relates to dealing with a
complainant;
(c) any legal advice or information that relates to actual or
potential legal proceedings;
(d) any confidential information obtained from a law enforcement
agency.
76 Provisions if Act does not commence at start of financial year
If sections 35 and 36 commence on a day other than 1 July, a
reference to a financial year in those sections is taken to be a
reference to the period from that commencement to the end of the
first full financial year after that commencement.
77 Disapplication of certain provisions to Auditor-General in
office
(1) Sections 24(1)(b) and 25(2) and the provisions of Part 4,
Divisions 2 and 3 that relate to an evaluation of the Auditor-General
by the Inspector do not apply to the Auditor-General who is in office
immediately before the commencement of those provisions, for the
duration of the term of appointment of the Auditor-General that is in
effect immediately before the commencement of those provisions.
(2) To avoid doubt, the provisions referred to in subsection (1)
commence applying if the Auditor-General who is in office
immediately before the commencement of those provisions is
reappointed under section 4B(2) of the Audit Act 1995 after the
commencement of those provisions.
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ENDNOTES
Integrity and Ethics Commissioner Act 2025 40
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Integrity and Ethics Commissioner Act 2025 (Act No. 32, 2025)
Assent date 27 November 2025
Commenced ss 3 to 7 and pts 2 to 6 and 8: 1 June 2026 (s 2(2) and Gaz
S39, 29 May 2026); rem: 28 November 2025 (s 2(1))
3 LIST OF AMENDMENTS
pt 7 hdg exp No. 32, 2025, s 151
pt 7
div 1 hdg exp No. 32, 2025, s 151
ss 78 – 80 exp No. 32, 2025, s 151
pt 7
div 2 hdg exp No. 32, 2025, s 151
ss 81 – 83 exp No. 32, 2025, s 151
pt 7
div 3 hdg exp No. 32, 2025, s 151
ss 84 – 86 exp No. 32, 2025, s 151
pt 7
div 4 hdg exp No. 32, 2025, s 151
ss 87 – 89 exp No. 32, 2025, s 151
pt 8
div 1 hdg exp No. 32, 2025, s 151
ss 90 – 96 exp No. 32, 2025, s 151
pt 8
div 2 hdg exp No. 32, 2025, s 151
ss 97 – 98 exp No. 32, 2025, s 151
pt 8
div 3 hdg exp No. 32, 2025, s 151
ss 99 – 106 exp No. 32, 2025, s 151
pt 8
div 4 hdg exp No. 32, 2025, s 151
ss 107 – 125 exp No. 32, 2025, s 151
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ENDNOTES
Integrity and Ethics Commissioner Act 2025 41
pt 8
div 5 hdg exp No. 32, 2025, s 151
ss 126 – 136 exp No. 32, 2025, s 151
pt 8
div 6 hdg exp No. 32, 2025, s 151
ss 137 – 144 exp No. 32, 2025, s 151
pt 8
div 7 hdg exp No. 32, 2025, s 151
ss 145 – 146 exp No. 32, 2025, s 151
pt 8
div 8 hdg exp No. 32, 2025, s 151
ss 147 – 149 exp No. 32, 2025, s 151
pt 8
div 9 hdg exp No. 32, 2025, s 151
s 150 exp No. 32, 2025, s 151
pt 8
div 10 hdg exp No. 32, 2025, s 151
s 151 exp No. 32, 2025, s 151
sch exp No. 32, 2025, s 151
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