Australian Capital Territory Numbered Acts

INTEGRITY LEGISLATION AMENDMENT ACT 2024 (NO. 47 OF 2024) - SECT 94

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Part 7.4     Wellbeing of people involved in matters before the commission

295A     Commission—wellbeing policy

    (1)     The commission must make a policy about how the commission is to protect the wellbeing of people involved in matters before the commission (the wellbeing policy ).

    (2)     The wellbeing policy must deal with supports and protections the commission may provide for the following:

        (a)     a witness who appears before the commission to give evidence at an examination, in particular, a vulnerable witness mentioned in section 153 (Examination—provisions for vulnerable witnesses);

Note     Vulnerable witnesses mentioned in s 153 include:

              •     witnesses who are under 18 years old

              •     witnesses who do not have proficient English language skills

              •     witnesses who have a mental impairment.

        (b)     a person given a private recommendation that is later made public under section 181;

        (c)     a person to be mentioned in an investigation report under section 182;

Note     See also s (3).

        (d)     a person given a proposed investigation report under section 188;

        (e)     a person mentioned in an investigation report presented to the Legislative Assembly under section 189;

        (f)     a person whose prosecution outcome, or termination action outcome, is published by the commission under section 203;

        (g)     a person mentioned in section 204 whose reputation may have been damaged;

        (h)     a person to be mentioned in a special report under section 206;

Note     See also s (3).

              (i)     a person given a proposed special report under section 212;

        (j)     a person mentioned in a special report presented to the Legislative Assembly under section 213;

        (k)     a person to be mentioned in a commission annual report under section 217;

Note     See also s (3).

        (l)     a person given a proposed commission annual report under section 224;

        (m)     a person mentioned in a commission annual report.

    (3)     In addition, the wellbeing policy must deal with the matters to be considered by the commission in making a decision under any of the following sections about whether identifying a person in a report is likely to cause unreasonable damage to the person's wellbeing:

        (a)     section 186 (b) (Investigation report—not to include information identifying certain people);

        (b)     section 210 (b) (Special report—not to include information identifying certain people);

        (c)     section 222 (b) (Commission annual report—not to include information identifying certain people).

    (4)     Before making the wellbeing policy, the commission—

        (a)     must consult a psychiatrist or psychologist with knowledge and experience relevant to the policy; and

        (b)     may consult anyone else the commission considers appropriate.

    (5)     The wellbeing policy is a notifiable instrument.

    (6)     The commission must also publish the wellbeing policy on the commission's website.

    (7)     In this section:

"psychiatrist" means a doctor who is registered under the Health Practitioner Regulation National Law (ACT)

to practise in the specialty of psychiatry.