Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023 (73 of 2023)

Schedule 1   Amendments

Part 1   Main amendments

Inspector-General of Intelligence and Security Act 1986

74   After section 17

Insert:

17A Obligation when evidence of breach of duty or misconduct

(1) This section applies if, at any time before, during or after conducting:

(a) an inspection under section 9A; or

(b) a preliminary inquiry under section 14, or any other action taken by the Inspector-General for the purpose of deciding whether to inquire into a matter; or

(c) an inquiry under this Act;

the Inspector-General is satisfied on reasonable grounds that there is evidence that a person who is a member of a Commonwealth agency has been guilty of a breach of duty or of misconduct.

Notifying responsible Minister, agency head and Public Service Commissioner

(2) If the Inspector-General is satisfied on reasonable grounds that the evidence is of sufficient weight to justify the Inspector-General doing so, the Inspector-General must bring the evidence to the notice of:

(a) either:

(i) if the person is the head of that agency - the responsible Minister; or

(ii) in any other case - the head of that agency; and

(b) without limiting paragraph (a), if:

(i) the Commonwealth agency is an Agency within the meaning of the Public Service Act 1999; and

(ii) the person is the Agency Head (within the meaning of that Act) of the agency; and

(iii) the breach of duty or misconduct could constitute a contravention of the APS Code of Conduct;

the Australian Public Service Commissioner appointed under that Act.