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Far North Queensland ROC
Integrity Commissioner, Dr Nikola Stepanov JD, PhD (Melb.)
Mediator (NMAS), FRDP, PRI, FGIA
Integrity CommissionerWho we are
• Statutory Office Holder & Officer of Parliament
• Reporting relationship: Speaker of House & Parliamentary Economic and Governance Committee
• Impartial and independent- allows for frank and fearless advice
• Convenor & Chair, Integrity Committee: • Chair of Crime & Corruption Commission, Auditor-General, Ombudsman,
Commissioner PSC, Information Commissioner, Electoral Commissioner, Racing Integrity Commissioner, Independent Assessor
Integrity CommissionerWhat we do
Functions:
• Providing advice to ‘designated persons’ on ethics & integrity issues (5000+ people) including Mayors and councillors
• Maintaining the Lobbyist register
• Raising public awareness
• Standard setting at the request of the Premier
Integrity CommissionerProviding advice
• The Commissioner must have regard to relevant legislation, codes and standards.
• Strict secrecy provisions apply (85 penalty points or 1 yrimprisonment)
• Advice is provided in writing on ethics or integrity issues, and is non-binding (note: it is not legal advice)
• Generally takes 3-5 business days
• There is no right of reply, power to enforce, investigate, accept referrals etc
• There is no liability in civil proceedings/ administrative process provided there has been no negligence
• Advice is in the public interest
• The Commissioner liaises with the DLGRMA and the CCC etc
IntegrityCommissioner
Radically changing landscape
• Usually 40-64 requests for advice per annum (avg. 58)
• 2017 FY there was a four-fold increase
• 172 requests for advice were received in the July-December 2018 period (including lobbying requests)
• Predicted to reach 300 requests over the next 6 months
• Growing profile in prevention space and capacity building
• Heightened ethical climate and greater commitment to meeting public’s expectations
Integrity Commissioner
16
24
3
5
12
103
116
SOURCE OF ADVICE REQUESTS
Minister, Assistant Minister, Other MPs - s12(1)(a) Statutory Office Holder - s12(1)(b)
Chief Executive Officer - s12(1)(c) SES, SO or SO Equivalent - s12(1)(d)
Ministerial Staff - s 12(1)(f) Mayors and Councillors - s12(1)(h)
Other Nominated Persons - s12(1)(h) No Jurisdiction
Trends
• For the first half of the FY so far, our office received 103 requests for advice from Mayors and councillors. This was by far the largest group which sought advice
• The second largest group to seek the Integrity Commissioner’s advice was Statutory Office Holders
Integrity Commissioner
Main areas of concern generally
1. Conflicts of interest
2. Acceptance of gifts and hospitality, and
3. The impact of influence and personal favours
Integrity Commissioner
Main areas of concern related to Local Government
1. Conflicts of interest
2. Material personal interests
3. Other probity issues relating to:
• Use of confidential information
• obligations to report suspicion or belief of another’s MPI or COI• offence to take retaliatory action or influence
• non-genuine access to councillor emails
• social media and media commentary• shareholdings, property ownership, and proposed developments
• potential conflicts arising due to employment or business interests (councillor or related party and dual roles)
Integrity CommissionerConflicts of interest
• Process for identifying and managing conflicts of interest is a three-step approach:
• Step 1: Identifying and disclosing a personal interest that might give rise to a conflict of interest
• Step 2: Deciding whether the personal interest gives rise to a conflict of interest
• Step 3: Appropriately managing the conflict of interest
Integrity CommissionerMaterial personal interests
• Quantifiable financial interests
• You or a related party stand to gain a benefit or suffer a loss
• Affected more than other persons in the local government area
• Must declare and leave the meeting
• If unsure, you can declare a personal interest at a Council meeting
Guide for Councillors and Meeting Aids
available from: www.integrity.qld.gov.au
How to request advice?Email: [email protected]: 3003 2888 Mobile: +61 428 233 630 (all hours)
All advice requests must be in writing
Questions?
