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What is an Integrity Tribunal?

One outcome of our investigations is that the Commission's Board determines that an inquiry is to be undertaken by an Integrity Tribunal. The Board considers a number of criteria in determining whether an inquiry is appropriate, including whether:

  • the matter potentially involves serious misconduct, significant systemic issues, and/or senior public officers
  • further inquiry into the matter is warranted and in public interest, and/or investigation has not exhausted all lines of inquiry
  • there is no unreasonable risk of harm to a person’s safety or wellbeing, and
  • an inquiry could increase accountability for the alleged conduct, and/or an increased ability to deal with systemic issues.

The Integrity Tribunal will conduct its inquiry in accordance with Part 7 of the Integrity Commission Act. An Integrity Tribunal is independent of the Integrity Commission for the purposes of its inquiry functions; the tribunal will determine its procedures and the conduct of its inquiry, and how it exercises its powers under the Act.

Inquiries are conducted in private until such time as a public hearing is held.

Functions

In undertaking the inquiry, an Integrity Tribunal may:

  • hold hearings (if required)
  • receive submissions or evidence
  • inform itself in any manner it considers appropriate, and
  • exercise all or any of the powers conferred on it by the Act.

The Tribunal may make findings and determinations of misconduct in relation to the matter, and publish a report of these findings.

Powers

An Integrity Tribunal may:

  • require any person whose evidence appears to be material to the inquiry to appear before it
  • take evidence by affidavit or statutory declaration, on oath or affirmation and administer oaths and affirmations
  • require the production of records, information, material or things that appear to be material to the inquiry
  • require a person to answer any questions that appear material to the inquiry, and
  • receive in evidence any evidence from the Commission's investigation or an investigation report of the Commission's investigator.

In exercising its powers, the Integrity Tribunal:

  • must observe the rules of procedural fairness
  • is not required to hold a hearing
  • may obtain information from any persons in any manner it considers appropriate, and
  • may determine its own procedure in conducting an inquiry

Membership

Integrity Tribunals are administered by the Integrity Commission and chaired by the Chief Commissioner. An Integrity Tribunal consists of:

  • the Chief Commissioner sitting alone, or
  • the Chief Commissioner and up to two other people who the Chief Commissioner considers to have the requisite experience and expertise relevant to the inquiry.

Hearings

The Integrity Tribunal may conduct an inquiry in any manner it considers appropriate. It is not required to hold a hearing however may do so where it will assist the inquiry.

Hearings are to be open to the public; however the Integrity Tribunal may, if it considers there are reasonable grounds for doing so, make an order to:

  • close the hearing to the public
  • exclude a person from the hearing, or
  • prohibit the reporting or disclosure of any or all of the hearing proceedings or particular information from the hearing.

Where they are public, information regarding public hearings and the particular inquiry will be provided on our website.

Contact the Inquiry Office

Inquiry Coordinator

Email: inquiryoffice@integrity.tas.gov.au

Ph: 1300 720 289

This page was last updated on 07 Nov 2022.