(4) If the head refers the issue to the IGIS, and the IGIS is satisfied that the issue is likely to involve corrupt conduct that is serious or systemic, the IGIS must refer the issue to the Commissioner.
35 Mandatory referral—Public Interest Disclosure Act disclosures
(1) This section applies if a staff member of a Commonwealth agency (the PID officer), in the course of performing or exercising functions or powers under Division 1 or 2 of Part 3 of the Public Interest Disclosure Act 2013 (including as a delegate), becomes aware of a corruption issue that:
- (a) concerns the conduct of a person who is, or was, a staff member of the agency while that person is, or was, a staff member; and
- (b) the PID officer suspects could involve corrupt conduct that is serious or systemic.
(2) The PID officer must refer the corruption issue to:
- (a) in the case of a Commonwealth agency other than an intelligence agency—the Commissioner; or
- (b) in the case of an intelligence agency—the IGIS or the Commissioner.
Corruption issues that relate to intelligence agencies
(3) If the PID officer refers a corruption issue that relates to an intelligence agency to the Commissioner, the PID officer must, as soon as reasonably practicable, notify the IGIS.
(4) If the PID officer refers a corruption issue that relates to an intelligence agency to the IGIS, and the IGIS is satisfied that the issue is likely to involve corrupt conduct that is serious or systemic, the IGIS must refer the issue to the Commissioner.
Notification to discloser
(5) If the PID officer became aware of the corruption issue as a result of an internal disclosure made under the Public Interest Disclosure Act 2013, the PID officer must, as soon as reasonably practicable,
