Who is the Integrity Commissioner?

The Integrity Commissioner is an independent person who advises Queensland Government public officials on conflicts of interest.

The Commissioner may be contacted directly by some people, including the Premier, Ministers, Parliamentary Secretaries, their staff, government backbenchers, statutory office holders, chief executive officers and senior officers of the public service whose request for advice is supported by their CEO. The Public Sector Ethics Act 1994 contains complete details.

The Commissioner primarily provides advice on whether public officials may have a conflict of interest. The Commissioner, if asked, is also responsible for giving the Premier advice on issues concerning ethics and integrity standards and building the public's awareness about ethical issues.

The Commissioner does not provide legal advice.

What is a conflict of interest?

A conflict of interest exists if a public official has an interest in the decision making process which will prevent them from acting impartially.

The interest could be that they, their friends or relatives may benefit from a decision if it is made in a particular way. This interest conflicts with the public interest.

Public officials who have an interest in a matter should remove themselves from the decision making process.

A public official should make all decisions in an unbiased manner and in the interest of the public. This ensures that everyone who deals with the government is treated fairly and on their merits.

Who can request advice?

Some people can request advice about other people.

The Premier may seek advice about any designated person.
A Minister may seek advice about their own staff or any statutory office holder or CEO in their portfolio.
Parliamentary Secretaries may seek advice about their staff.
CEOs may seek advice about senior executives and senior officers in their agencies.

No one can seek advice if they are no longer a designated person. Nor can anyone seek advice about a person who is no longer a designated person.

How are requests handled?

You should provide all relevant information for the Commissioner to make a decision. If necessary, the Commissioner can ask for further information.

The Commissioner will advise you in writing of the decison made on your case.

If you do have a conflict of interest, you have seven days to resolve the conflict of interest to the Commissioner's satisfaction. The Commissioner will advise you in writing. A copy of the Commissioner's advice may be provided to the Premier if your conflict of interest is not resolved within seven days.

However, the Commissioner can refuse to give advice if there is not enough information to make a determination, or if giving advice would not be in keeping with the purpose of the Act. In such cases, the Commissioner must give a written explanation as to why advice refused.

Is this process confidential?

Yes, this process is confidential.

If you are the person about whom the advice is made then you can disclose it to anyone.

However, it is an offence for anyone to disclose information discovered while administering your application.

Further, all material is exempt from disclosure under Section 48 (1) of the Freedom of Information Act 1992 unless disclosure is required by a compelling reason in the public interest.

Advice sought about another person cannot be released unless compelled by another Act. For example, a CEO who is advised that a senior officer acted on a conflict of interest is obliged to disclose this information under the Crime and Misconduct Act 2001 to the Crime and Misconduct Commission.