Integrity Commission (Tasmania)
A short factsheet on Tasmania's Integrity Commission: its establishing Act, purpose, powers, and why it is not a prosecuting authority.
Learning outcomes
- State the Integrity Commission's establishing Act and its core function of dealing with complaints about public sector misconduct in Tasmania.
- Explain why the Commission is not a prosecuting authority, and what it does with a complaint instead.
- Distinguish the Commission's integrity-oversight role from TASCAT's merits review and the Ombudsman's general administration complaints.
Act: Integrity Commission Act 2009 (Tas).1
Established: Act passed in 2009; the Commission commenced operation on 1 October 2010.
Purpose: The Commission deals with complaints about misconduct connected with the Tasmanian public sector -- conduct by public officers and public bodies that falls short of the standards expected of them. It is an integrity body, not a general police force or prosecutor.
Powers conferred under the Act
The Commission receives and assesses complaints about public sector misconduct. Depending on the complaint, it may investigate the matter itself or exercise a discretion to refer it back to the relevant department or agency for in-house investigation -- a practice that has itself drawn public criticism for potentially leaving misconduct to be assessed by the very body it concerns. These are investigative, assessment and reporting powers, not powers to determine criminal guilt.
Is it a prosecuting authority?
No. The Commission does not itself prosecute criminal offences. Where a complaint discloses conduct that may amount to a criminal offence, the ordinary structure for a body of this kind is to refer the matter to Tasmania Police or the Director of Public Prosecutions rather than prosecute it directly -- but the precise referral mechanism was not independently confirmed against the Act in the sources cited here, and should be checked before being asserted as settled. A student should not describe the Commission as "prosecuting" a misconduct finding.
How it relates to the other Tasmanian bodies
Every Australian jurisdiction has its own integrity or anti-corruption body, and Tasmania's is simply called the Integrity Commission -- a plainer name than Western Australia's or Queensland's Corruption and Crime Commission or New South Wales's Independent Commission Against Corruption. A student should not assume these bodies' jurisdictions or powers are interchangeable just because they perform a broadly similar institutional role. The Commission does not do merits review (that is TASCAT's role) and it does not handle general maladministration complaints (that is the Ombudsman's role); its lane is specifically public sector misconduct.
Self-check
- Have I stated the Commission's function as receiving, assessing and (sometimes) investigating misconduct complaints, not prosecuting them?
- Have I avoided assuming the Commission's referral mechanism for suspected criminal conduct without checking the current Act?
- Have I distinguished the Commission's role from TASCAT and the Ombudsman?
- Have I avoided assuming Tasmania's Integrity Commission is structurally identical to WA/Qld's CCC or NSW's ICAC just because all three perform an integrity-oversight role?