Investigations and Oversight – Integrity Commission

Investigating Misconduct

What an investigation means

When we make the decision to investigate a complaint, it means that we are trying to establish the facts and determine if there has been any misconduct.

This may include use of our investigative powers, such as requiring individuals to attend and give evidence or provide written information.

During an investigation, we may require witnesses to assist us in establishing the facts. Witnesses have not necessarily committed misconduct. They may have been asked to give evidence as part of our inquiries.

Procedural fairness

Our investigators operate within the rules of procedural fairness (PDF, 133.4 KB). This means that a person subject to an adverse finding or comment will have the opportunity to respond. The response is taken into account when finalising the investigation report.

Investigative process

Once we have established the facts, the investigator prepares and submits a report to the Chief Executive Officer. The CEO can then seek comments or submissions from those named in the report or from principal officers of relevant agencies or others with a special interest.

Those who receive the report must observe confidentiality obligations. It is an offence for anyone to breach these obligations.

Once feedback is received, the investigation report is provided to the Board of the Integrity Commission. The Board then determines the investigation outcome, which may include referral for action.

It also determines whether the report should be tabled in Parliament, which involves taking into consideration the seriousness of the matter, seniority of those subject to investigation, and the public interest.

Investigation outcomes

Outcomes may include:

the complaint is dismissed because there is not enough evidence that the misconduct has occurred
the report is referred to the principal officer of the relevant public authority, the Commissioner of Police or Director of Public Prosecutions, or the responsible Minister, for action
the report is tabled in Parliament and released publicly
the Board determines that an inquiry be undertaken by an Integrity Tribunal, or
the Board recommends to the Premier that a Commission of Inquiry be established under the Commissions of Inquiry Act 1995 (Tas)

Oversight and Compliance

We use oversight and compliance (O and C) to assist organisations in managing misconduct and to achieve our objectives under the Integrity Commission Act 2009.

O and C assists both our investigative and educational functions. It helps us understand an organisation’s processes and its capacity to manage misconduct matters. It informs how we educate and engage with organisations to help prevent future misconduct. It also helps us understand misconduct risks and trends in the public sector.

O and C involves monitoring and reviewing the outcomes of misconduct matters, including:

referred complaints, including those that we have assessed and investigated (complaints about alleged misconduct may be made in writing, and we may refer them to relevant organisations)
own-motion investigations (OMIs – investigations of our own initiative, not complaints)
notifications and police notifications (formal notices from organisations about matters that may involve misconduct and that the organisation will manage)
information reports (reports of possible misconduct that are not complaints or notifications)
projects (including preliminary research to help decide whether an OMI is needed), and
public reports and recommendations.

As well as monitoring and reviewing the outcomes of misconduct matters, O and C can also involve:

monitoring registers, including the Parliamentary Register of Interests
conducting audits
research reports, and
OMIs into policies, practices and procedures.

Our annual reports describe our O and C work since 2021-22. We also sometimes publish reports on our audits and OMIs, alongside our Triannual Report, which provides statistics on our operations and engagement.

The information sheets below include more information on: