The Commissioner has all the powers that are reasonably necessary or desirable to enable the Commissioner to carry out the functions and duties imposed under this Act or another enactment.

This clause applies if the Commissioner is carrying out functions in relation to a public service agency or a functional chief executive.

The Commissioner may conduct investigations and inquiries, and make and receive reports, that the Commissioner thinks necessary or desirable or that the Minister directs.

This clause applies if the Commissioner is carrying out functions in relation to any agency or a functional chief executive.

The Commissioner may require the agency or functional chief executive to supply information about their activities.

The agency or functional chief executive must supply the information and must keep all records that are necessary to enable it or them to do so.

This clause does not limit an enactment that imposes a prohibition or restriction on the availability of any information.

For the purposes of carrying out the Commissioner’s functions, the Commissioner, or a person specifically or generally authorised by the Commissioner, may—

An authorisation must be in writing and must contain—

The power to enter premises is subject to the following conditions:

A person has the same privileges as witnesses in courts of law when—

A person may exercise 1 or more of the powers in subclause (1)(a) to (c) only if they have first given the chief executive or board responsible for the agency, or the functional chief executive, the opportunity of consulting the person about the exercise of those powers.

This clause does not limit an enactment that imposes a prohibition or restriction on—

This clause applies to State services that are not part of the public service.

The Commissioner,—

A direction by the Prime Minister must be in writing and must specify which functions or powers are to be performed or exercised by the Commissioner.

When performing a function or exercising a power in relation to an agency under section 44(b) (relating to promoting integrity, accountability, and transparency), or section 17 or 18 (relating to integrity and conduct), the Commissioner may also perform functions or exercise powers under clauses 1 to 4 and 8 to 11.

In this clause, section 44 and clauses 1 to 4 and 8 to 11 apply as if the relevant agency were a department, with any necessary modifications.

This clause does not—

The Commissioner may, either generally or particularly, delegate functions or powers to a person or group, including a function or power delegated to the Commissioner under this Act or another enactment.

The delegation power includes power to delegate—

The Commissioner must not delegate—

A person to whom a function or power has been delegated may, with the prior approval of the Commissioner, in writing, subdelegate the function or power to another person working in or holding a specified office in the State services.

A delegation or subdelegation under this clause must be in writing.

Subject to any general or special directions given or conditions imposed by the Commissioner, the person to whom a function or power is delegated or subdelegated may perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if it had been conferred or imposed on them directly by this Act.

A person acting under a delegation or subdelegation must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation or subdelegation.

A delegation or subdelegation may be made to a specified person or persons of a specified class, or to the holder or holders of a specified office or specified classes of offices.

A delegation or subdelegation does not affect or prevent the performance of a function or the exercise of a power by the Commissioner or affect the Commissioner’s responsibility for the actions of a person acting under the delegation or subdelegation.

A delegation or subdelegation may be revoked in writing at will.

A delegation or subdelegation continues in force until it is revoked.

If the Commissioner who made a delegation, or the person who subdelegated a function or power under clause 6(4), ceases to hold office, or is absent from duty,—

This clause applies if the Commissioner—

The following provisions of the Inquiries Act 2013 apply to an investigation or inquiry under this clause:

Those provisions of the Inquiries Act 2013 must be read—

A delegation under section 21 of the Inquiries Act 2013 must be made in accordance with clause 6.

In exercising powers under the Inquiries Act 2013, the Commissioner—

A certificate made under clause 8(1)(b) must—

The Commissioner must not delegate the power to make a certificate.

The Commission’s annual report, required by section 43 of the Public Finance Act 1989, must include—

This clause applies to an inquiry or an investigation for which a certificate has been issued under clause 8(1)(b).

Information privacy principles 6 and 7 do not apply to personal information contained in evidence given or submissions made to an inquiry or investigation conducted under clause 2, until the Commissioner publishes a final report or otherwise concludes the inquiry or investigation.

In subclause (2), information privacy principle and personal information have the meanings given to them in section 2(1) of the Privacy Act 1993.

Witnesses and other persons (other than counsel) participating in an inquiry or investigation under clause 2 have the same immunities and privileges as if they were appearing in civil proceedings, and subpart 8 of Part 2 of the Evidence Act 2006 applies to the inquiry or investigation, to the extent that it is relevant, as if the inquiry or investigation were a civil proceeding.

The Commissioner may make any order or direction that a Judge may make under section 52, 53, 69, or 70 of that Act with the same effect as if it were an order or a direction of a Judge.

Counsel appearing before an inquiry or investigation have the same immunities and privileges as they would have if appearing before a court.

The Commissioner must pay a person appointed as an independent adviser to an interdepartmental executive board under section 29(3) fees for their services, and expenses reasonably incurred in providing those services, in accordance with the fees framework.

An independent adviser is not a public service employee by reason of their appointment to that role.

A public service chief executive, a public service employee, or a chief executive or an employee in the wider State services who is appointed as an independent adviser as a representative of their department or organisation is not entitled to any payment under this clause.

The Commissioner must pay persons appointed to an advisory committee under section 50 fees for their services, and expenses reasonably incurred in providing those services, in accordance with the fees framework.

A member of an advisory committee is not a public service employee by reason of their appointment to an advisory committee.

A public service chief executive, a public service employee, or a chief executive or an employee in the wider State services who is appointed to an advisory committee as a representative of their department or organisation is not entitled to any payment under this clause.

The Commissioner must give a report to the Minister on the operations of the Commissioner for each financial year as soon as practicable after the end of that year.

The report must be presented and published in accordance with section 44 of the Public Finance Act 1989 as if it were a department’s annual report.

The Commissioner may incorporate the report required under clause 14 with the report required by section 43 of the Public Finance Act 1989 on the operations of the Commission for the relevant financial year.

The Commissioner must give a briefing to the Minister on the state of the public service at least once every 3 years.

The purpose of a briefing is to promote stewardship of the public service.

The subject matter must be selected by the Commissioner and take into account the issues that the Commissioner considers are of significant public interest.

The briefing may include an assessment of—

The Minister must present a copy of a briefing to the House of Representatives as soon as reasonably practicable after receiving it.

This clause applies if a political party wishes to have access to a public service agency or functional chief executive for the purpose of negotiations to form a government.

Access to an agency includes access to information held by the agency or having an analysis completed by the agency.

The political party must make a request to the Commissioner.

A request may be made only during the period that begins on the day after the day of an election and ends when the Commissioner is satisfied that negotiations to form a government involving that party have concluded.

In this clause, political party includes an individual who was a constituency candidate referred to in section 143 of the Electoral Act 1993.

This clause does not limit the Official Information Act 1982.

A request to the Commissioner under clause 17 must contain sufficient information to satisfy the Commissioner of the following:

The Commissioner must approve a request under clause 17 if reasonably satisfied of the matters in clause 18(a) and (b).

This clause is subject to clause 20.

The Commissioner must set standards for public service agencies and functional chief executives to follow when complying with a request under clause 17.

The standards may specify categories of information that cannot be made available under the process in clause 17.

Chief executives, interdepartmental executive boards, and boards of interdepartmental ventures must comply, and chief executives that lead agencies and boards of interdepartmental ventures must ensure that the agencies they lead comply, with those standards, unless otherwise agreed by the Commissioner.