Inspector-General of Defence Act 2023

1: Title
This Act is the Inspector-General of Defence Act 2023.
2: Commencement
1: This Act comes into force—
a: on a date set by Order in Council; or
b: to the extent not brought into force earlier, 18 months after Royal assent.
2: An Order in Council made under this section is secondary legislation ( see Part 3 Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
1: Preliminary provisions
3: Purpose
1: The purpose of this Act is to—
a: provide the Minister with dedicated independent oversight of the New Zealand Defence Force; and
b: support the Minister in their responsibility to the House of Representatives for the activities of the Defence Force; and
c: assure the public that the activities of the Defence Force are subject to independent scrutiny, including in relation to the Defence Force’s compliance with New Zealand’s obligations under international law.
2: To fulfil that purpose, this Act—
a: creates the offices of Inspector-General of Defence and Deputy Inspector-General of Defence; and
b: confers functions on those offices and makes other provision in relation to them.
4: Interpretation
1: In this Act, unless the context otherwise requires,— advisory panel section 48 assessment function section 8(b) assessment Auditor-General section 7 Chief of Defence Force section 8 Defence Force section 11(1) defence record
a: a paper, document, register, book, map, plan, drawing, photograph, film, sound recording, or electronic storage medium; or
b: a record received from another government agency, a foreign public agency, or an international organisation; or
c: a copy of a record Deputy Inspector-General section 11(2) foreign public agency function Human Rights Commissioner section 4 Independent Police Conduct Authority section 4 Inspector-General section 7(2) see also sections 12(2) 52(4)(b) investigation function section 8(a) investigation member of the Defence Force section 2(1) New Zealand Security Intelligence Service section 7 Ombudsman Ombudsmen Act 1975 person working for the Defence Force Privacy Commissioner section 13 protective security requirements Secretary of Defence security classification sensitive
a: endanger the safety of a person; or
b: infringe the privacy of a natural person (including a deceased natural person) in a way, or to an extent, not outweighed by the public interest in disclosure; or
c: prejudice—
i: the security or defence of New Zealand; or
ii: the international relations of the New Zealand Government; or
iii: the entrusting of information to the New Zealand Government on a basis of confidence by the Government of another country or by a foreign public agency or an international organisation WorkSafe section 5
2: In this Act, unless the context otherwise requires, a reference to an activity, act, or omission of the Defence Force includes a reference to an activity, act, or omission of a person working for the Defence Force. Section 4(1) assessment function editorial change 19 November 2024 sections 86(1) 87(l)(iii) Legislation Act 2019 Section 4(1) investigation function editorial change 19 November 2024 sections 86(1) 87(l)(iii) Legislation Act 2019
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Appointment and functions of Inspector-General and Deputy Inspector-General
Inspector-General of Defence
7: Appointment of Inspector-General
1: The office of Inspector-General of Defence is established.
2: The Governor-General may appoint a person as Inspector-General of Defence on the recommendation of the House of Representatives.
3: The person appointed must hold a government-sponsored security clearance of a level determined by the Minister.
8: Functions of Inspector-General
The functions of the Inspector-General are—
a: to investigate—
i: incidents that have occurred in the course of activities of the Defence Force; and
ii: any subsequent acts or omissions of the Defence Force in relation to those incidents (the investigation function
b: to assess, and identify potential improvements or additions to, Defence Force policies and procedures governing activities of the Defence Force (the assessment function
c: any other function conferred on the Inspector-General by this Act or by any other legislation or rule of law.
9: Inspector-General must act impartially and in public interest and have regard to military context
The Inspector-General must, when performing the Inspector-General’s functions,—
a: act impartially, fairly, independently, and in the public interest; and
b: have regard to the military context in which the Defence Force operates.
10: Relationship with other oversight bodies
1: The Inspector-General—
a: must, when performing the Inspector-General’s functions, have regard to the functions of the people specified in subsection (2); and
b: may consult those people about any matter relating to the Inspector-General’s functions; and
c: may co-operate with them with a view to—
i: avoiding unnecessary duplication of scrutiny of the same matter; and
ii: taking a co-ordinated approach to examining issues of common concern; and
d: may (subject to section 35
2: The people are—
a: the Secretary of Defence:
b: WorkSafe:
c: the Auditor-General:
d: the Inspector-General of Intelligence and Security:
e: the Privacy Commissioner:
f: a Human Rights Commissioner:
g: an Ombudsman:
h: the Independent Police Conduct Authority. Deputy Inspector-General of Defence
11: Appointment of Deputy Inspector-General
1: The office of Deputy Inspector-General of Defence is established.
2: The Governor-General may appoint a person as Deputy Inspector-General of Defence on the recommendation of the House of Representatives.
3: The person appointed must hold a government-sponsored security clearance of a level determined by the Minister.
12: Functions of Deputy Inspector-General
1: The Deputy Inspector-General—
a: has all the functions of the Inspector-General; and
b: may perform those functions in the same manner, subject to the same restrictions, and with the same effect, as if they were performed by the Inspector-General.
2: Accordingly, a reference to the Inspector-General in section 9 10 Parts 3 to 6
3: However, the performance by the Deputy Inspector-General of the Inspector-General’s functions is subject to the control of the Inspector-General unless—
a: the office of Inspector-General is vacant; or
b: the Inspector-General is absent from duty.
4: The fact that the Deputy Inspector-General performs a function of the Inspector-General is, in the absence of evidence to the contrary, conclusive evidence of the Deputy Inspector-General’s authority to do so. Administrative provisions
13: Administrative provisions relating to Inspector-General and Deputy Inspector-General
Schedule 2
3: Investigations and assessments
14: Inspector-General may carry out investigation or assessment on own initiative or on request
1: The Inspector-General may carry out an investigation or assessment—
a: on the Inspector-General’s own initiative, including as a result of information obtained under section 10 Part 4 Protected Disclosures (Protection of Whistleblowers) Act 2022
b: at the request of the Minister, the Secretary of Defence, or the Chief of Defence Force.
2: However, if an incident has been referred to a court of inquiry assembled under the Armed Forces Discipline Act 1971
a: the investigation is on the Inspector-General’s own initiative and the inquiry has concluded or has, in the Inspector-General’s opinion, been unreasonably delayed; or
b: the investigation is at the request of the Minister or the Chief of Defence Force.
15: Inspector-General may decline to carry out investigation or assessment
1: The Inspector-General may do any of the following in relation to an investigation or assessment, or part of an investigation or assessment, that has been requested by the Minister, the Secretary of Defence, or the Chief of Defence Force:
a: decline to carry it out:
b: defer it:
c: (subject to section 35
2: The Inspector-General must notify the Minister, the Secretary of Defence, or the Chief of Defence Force (as applicable) of—
a: any decision by the Inspector-General under subsection (1) to decline to carry out all or part of an investigation or assessment that they have requested, or to defer it or refer it to another person; and
b: the reason for the decision.
3: The people to whom an investigation or assessment, or part of an investigation or assessment, may be referred under subsection (1)(c) include those specified in section 10(2)
4: A person to whom an investigation or assessment, or part of an investigation or assessment, is referred under subsection (1)(c) is not required to carry it out, or do anything else, just because of the referral.
16: Initiation of investigation or assessment by Inspector-General
1: When initiating an investigation or assessment, the Inspector-General must—
a: develop draft terms of reference for it, including statements regarding—
i: the purpose of the investigation or assessment; and
ii: how the Inspector-General has had regard to the obligations in section 9
iii: the key issues to be considered; and
iv: the Inspector-General’s proposed approach to the investigation or assessment; and
v: in the case of an assessment, any legislation, policies, processes, standards, or obligations owed by New Zealand under international law by reference to which the assessment will be conducted; and
vi: an estimated time frame for completing the investigation or assessment; and
b: consult the Secretary of Defence and the Chief of Defence Force on the draft terms of reference; and
c: finalise the terms of reference, having regard to any comments provided by the Secretary of Defence and the Chief of Defence Force; and
d: notify the Minister, the Secretary of Defence, and the Chief of Defence Force of the Inspector-General’s intention to begin the investigation or assessment, unless it is included in the Inspector-General’s annual work programme under section 53
2: A notification under subsection (1)(d) must include—
a: the finalised terms of reference; and
b: at least 5 working days’ notice of any public announcement of the investigation or assessment. Section 16(1)(d) editorial change 19 November 2024 sections 86(1) 87(l)(i) Legislation Act 2019
17: Commencement of investigation or assessment on request
1: When requesting an investigation or assessment, the Minister, the Secretary of Defence, or the Chief of Defence Force must—
a: provide the Inspector-General with draft terms of reference for the investigation or assessment, including statements regarding—
i: the reason for the request; and
ii: the key issues to be considered; and
iii: in the case of an assessment, any legislation, policies, processes, standards, or obligations owed by New Zealand under international law by reference to which the assessment will be conducted; and
iv: a proposed time frame for completing the investigation or assessment; and
b: consult the Inspector-General on the draft terms of reference; and
c: finalise the terms of reference, having regard to any comments provided by the Inspector-General; and
d: notify the other relevant parties of the request.
2: A notification under subsection (1)(d) must include the finalised terms of reference.
3: If the Inspector-General decides to carry out the investigation or assessment, they must give the relevant parties at least 5 working days’ notice of any public announcement of it.
4: In this section, relevant parties
18: Inspector-General may regulate own procedure
When carrying out an investigation or assessment, the Inspector-General may adopt any procedure the Inspector-General considers appropriate that is consistent with this Act.
19: Inspector-General must prepare report of investigation or assessment
1: On completing an investigation or assessment, the Inspector-General must prepare a written report containing the Inspector-General’s findings and recommendations.
2: The Inspector-General must send the report to the Minister, the Secretary of Defence, and the Chief of Defence Force.
3: If the report includes information relating to the activities of an intelligence and security agency, the Inspector-General must also send it to the Inspector-General of Intelligence and Security.
4: The Inspector-General may, after consulting the Secretary of Defence and the Chief of Defence Force, determine an appropriate security classification for the report or any part of the report.
5: Despite subsection (4), if the report quotes or summarises any matter that has a security classification, the quote or summary must not be given a lower security classification.
6: In this section, intelligence and security agency
a: the New Zealand Security Intelligence Service; or
b: the Government Communications Security Bureau continued by section 8
20: Findings of fault, etc
1: A report of an investigation under section 19
a: findings of fault and other findings of fact and law:
b: recommendations that further steps be taken to determine liability:
c: recommendations adverse to the Defence Force:
d: recommendations for the improvement or benefit of the Defence Force.
2: However, the report must not include—
a: a determination of a person’s civil, criminal, or disciplinary liability:
b: a finding or recommendation relating to any party with which the New Zealand Defence Force carried out an activity jointly, including another government agency, a foreign public agency, or an international organisation.
21: Publication of report
1: As soon as practicable after sending a report and making any determination as to its security classification under section 19
2: The Inspector-General may also send the report to any Minister of the Crown whose portfolio relates to, or is affected by, the report or the report’s subject matter.
3: However, a report, or part of a report,—
a: must not be published under subsection (1), or sent under subsection (2), if doing so would breach its security classification; and
b: must not be published under subsection (1) if it includes sensitive information.
4: If subsection (3) prevents the publication of a report, or of part of a report, the Inspector-General must instead publish a summarised version of the report or part that is unclassified and that does not contain sensitive information.
5: If subsection (3) prevents the sending of a report, or of part of a report, the Inspector-General may instead send a summarised version of the report or part that is unclassified.
22: Action following report
1: The Chief of Defence Force must, as soon as practicable after receiving a recommendation of the Inspector-General under section 19
a: notify the Minister, the Inspector-General, and the Secretary of Defence of any action proposed to be taken to implement the recommendation; and
b: give reasons for any proposal not to implement, or otherwise to depart from, the recommendation.
2: The Inspector-General may publish on a publicly accessible Internet site maintained by or on behalf of the Inspector-General information about the Defence Force’s progress in implementing a recommendation included in a report under section 19
3: However, information must not be published under subsection (2) if doing so would breach its security classification or if it is sensitive.
4: The Inspector-General may advise the Minister on the adequacy of any remedial or preventative measures taken by the Defence Force following an investigation or assessment.
4: Inspector-General’s powers to obtain information and assistance
General powers
23: Person may bring matter to Inspector-General’s attention
Any person, including a person working for the Defence Force, may bring any matter to the Inspector-General’s attention that the person considers may be relevant to the performance of the Inspector-General’s functions.
24: Inspector-General may access defence records directly
1: The Inspector-General may access directly all defence records that are in the possession or control of the Defence Force and that the Inspector-General considers may be relevant to the performance of the Inspector-General’s functions.
2: The Defence Force must provide the Inspector-General with full and direct access to those records, including by enabling the Inspector-General to browse and search Defence Force databases (and must not make access in any particular case dependent on a request, an approval, or any other administrative step that is not reasonably necessary).
25: Defence Force must provide information and assistance on request
1: The Defence Force must, on request, provide the Inspector-General with—
a: information about activities of the Defence Force and about incidents that have occurred in the course of those activities:
b: any other assistance that the Inspector-General reasonably requires for the performance of the Inspector-General’s functions.
2: A request under this section may—
a: relate to a particular investigation or assessment; or
b: be made for the purpose of obtaining information about the Defence Force’s activities more generally.
26: Inspector-General may consult overseas counterparts
1: The Inspector-General may—
a: consult a foreign public agency, or an international organisation, that has military oversight functions about any matter relating to the Inspector-General’s functions; and
b: disclose to the agency or organisation any information, document, or other thing that the Inspector-General considers necessary for the purposes of the consultation.
2: This section is subject to section 35
27: Chief of Defence Force must notify Inspector-General of courts of inquiry and civilian deaths and injuries
1: The Chief of Defence Force must, as soon as practicable, notify the Inspector-General of—
a: any court of inquiry assembled under the Armed Forces Discipline Act 1971
b: the purpose for which the court of inquiry is assembled and its terms of reference.
2: If the Defence Force causes or contributes to, or appears likely to have caused or contributed to, the death or injury of a civilian, the Chief of Defence Force must as soon as practicable notify the Inspector-General of—
a: the details of the incident in which the death or injury occurred; and
b: the findings of any Defence Force procedure for responding to the incident.
3: In this section, civilian see Schedule 5 Additional powers in investigations
28: Inspector-General may examine witnesses
1: The Inspector-General may—
a: examine a person on oath if the Inspector-General considers the person may be able to provide information relevant to an investigation; and
b: summon, and administer an oath to, a person for that purpose.
2: Subsection (1) applies—
a: to a person working for the Defence Force or to any other person:
b: whether or not the information would be admissible in a court of law.
3: For the purposes of section 109 judicial proceeding section 108
4: The Inspector-General may pay fees, allowances, and expenses to anyone who appears as a witness before the Inspector-General.
5: Any fees, allowances, and expenses paid under this section must be as set out in the scales prescribed by regulations made under the Criminal Procedure Act 2011
6: Despite subsection (5), the Inspector-General may disallow part of a sum payable to a witness under this section.
29: Inspector-General may require provision of information, document, or other thing
1: A person must, on request, provide the Inspector-General with any information, document, or other thing that is in the person’s possession or control and that the Inspector-General considers may be relevant to an investigation.
2: This section applies—
a: to a person working for the Defence Force or (subject to subsection (3)) to any other person:
b: whether or not the information, document, or other thing would be admissible in a court of law.
3: However, this section does not apply to—
a: any court information or judicial information, as those terms are used in section 236 section 173
b: any information, document, or other thing in the possession or control of a court, or of a tribunal in relation to its judicial functions.
30: Disclosure may be required despite self-incrimination
A person is not excused from providing any information, document, or other thing to the Inspector-General in the course of an investigation just because doing so may incriminate or tend to incriminate the person in respect of any offence.
31: Inspector-General may enter Defence Force premises
1: The Inspector-General may, at any reasonable time, enter any of the following places if the Inspector-General considers that the place is relevant to an investigation:
a: a defence area:
b: a naval ship:
c: any other ship, aircraft, or vehicle used by the Defence Force.
2: The Inspector-General must give the Chief of Defence Force prior written notice of an entry under this section.
3: When entering a place under this section, the Inspector-General must comply with any conditions of entry that the officer in charge of the place imposes under regulations made under section 101 section 93
4: In this section, aircraft defence area naval ship officer ship section 2(1)
5: This section is subject to section 32
32: Special procedure for visiting operational theatres
1: The Inspector-General must not visit an operational theatre unless the Chief of Defence Force has consented to the visit.
2: The Chief of Defence Force must consent to a request by the Inspector-General to visit an operational theatre unless the Chief of Defence Force considers that the visit would—
a: significantly impede a military operation; or
b: risk the security of a defence area or the safety of the Inspector-General or a person working for the Defence Force.
3: Consent to a visit under this section may be given subject to any conditions that the Chief of Defence Force considers necessary to prevent the visit from—
a: significantly impeding a military operation; or
b: risking the security of a defence area or the safety of the Inspector-General or a person working for the Defence Force.
4: If consent under this section to visit an operational theatre is refused or is given subject to conditions, the Chief of Defence Force must—
a: inform the Inspector-General of the reason for the refusal or conditions; and
b: if a change in circumstances means that the reason no longer applies,—
i: reconsider the Inspector-General’s request in light of the change of circumstances; and
ii: notify the Inspector-General of any change in the Chief of Defence Force’s decision; and
iii: if the outcome of the reconsideration is that consent to the visit is still refused or given subject to conditions, inform the Inspector-General of the reason for the continued refusal or conditions.
5: If, after being refused consent or given consent subject to conditions to visit an operational theatre, the Inspector-General decides that they no longer wish to visit it, they must inform the Chief of Defence Force of that fact.
6: Subsection (4)(b) does not apply if the Inspector-General has informed the Chief of Defence Force that the Inspector-General no longer wishes to visit the operational theatre.
7: In this section,— defence area section 2(1) operational theatre Disclosure of confidential material
33: Disclosure may be required despite obligation of secrecy
1: A requirement under this Act to provide information, a document, or another thing to the Inspector-General overrides any obligation (under legislation or otherwise) of non-disclosure or secrecy and, accordingly,—
a: the person subject to the requirement must comply with it; and
b: compliance with the requirement is not to be treated as a breach of the obligation of non-disclosure or secrecy or of any legislation by which the obligation is imposed.
2: This section is subject to section 40 Protection of information, etc
34: Security of material received by Inspector-General
The Inspector-General must ensure that all information, documents, and other things received by the Inspector-General under this Act, including defence records accessed under section 24
35: Protection of material disclosed by Inspector-General to others
Before disclosing information, a document, or another thing under section 10 15(1)(c) 26
a: confirm that the recipient has appropriate arrangements in place to keep it secure in accordance with protective security requirements; and
b: consult the Chief of Defence Force if the information, document, or other thing—
i: was provided by the Defence Force; and
ii: is sensitive or is subject to an obligation of secrecy or non-disclosure.
36: Duty of confidentiality
1: This section applies to any information, document, or other thing that is—
a: obtained by the Inspector-General under any of sections 10 23 to 31
b: otherwise received for the purposes of, or in the course of performing, the investigation function or the assessment function ( protected material
2: The people specified in subsection (3) must not use, make a record of, or disclose protected material unless the use, record, or disclosure—
a: is for or to the Minister, or is for the purpose of performing the Inspector-General’s functions or working for, or providing a service to, the Inspector-General; and
b: does not contravene subsection (4).
3: The people are—
a: the Inspector-General:
b: the Deputy Inspector-General:
c: an employee or a contractor of, or a secondee to, the Inspector-General:
d: an independent person to whom any information, document, or other thing is referred under section 40(2)
e: a member of an advisory panel:
f: an advisor appointed under section 49
g: a person who was formerly a person within any of paragraphs (a) to (f).
4: The people specified in subsection (3) must not disclose protected material if—
a: the Minister has certified under subsection (5) that it should not be disclosed; or
b: the Minister has certified under subsection (5) that it should be disclosed only on specified terms and conditions and the disclosure would not be on those terms and conditions.
5: The Minister may certify that protected material should not be disclosed, or that it should be disclosed only on terms and conditions specified in the certificate, if the Minister considers that the disclosure of the material, or its disclosure otherwise than on those terms or conditions, would be likely to—
a: endanger the safety of any person; or
b: infringe the privacy of a natural person (including a deceased natural person) in a way, or to an extent, not outweighed by the public interest in disclosure; or
c: prejudice—
i: the security or defence of New Zealand; or
ii: the international relations of the New Zealand Government; or
iii: the entrusting of information to the New Zealand Government on a basis of confidence by the Government of another country or by a foreign public agency or an international organisation.
6: The Minister must not give a certificate under subsection (5) unless the Minister has consulted—
a: the Chief of Defence Force; and
b: anyone else the Minister considers capable of helping to determine the relevant circumstances and information.
37: Inspector-General and others not compellable witnesses
1: The following people cannot be required to give evidence in court, or in other proceedings of a judicial nature, in respect of anything that comes to their knowledge in the course of performing the Inspector-General’s functions or working for, or providing a service to, the Inspector-General:
a: the Inspector-General:
b: the Deputy Inspector-General:
c: an employee or a contractor of, or a secondee to, the Inspector-General:
d: an independent person to whom any information, document, or other thing is referred under section 40(2)
e: a member of an advisory panel:
f: an advisor appointed under section 49
g: a person who was formerly a person within any of paragraphs (a) to (f).
2: The people specified in subsection (1)(a) to (g) cannot be required to provide to a court, or in other proceedings of a judicial nature, any working document or internal record, or any other information, document, or other thing, that is created in the course of—
a: performing the Inspector-General’s functions; or
b: working for, or providing a service to, the Inspector-General.
3: Subsections (1) and (2) do not apply to proceedings for—
a: an offence against section 46
b: an offence against section 78 78AA(1) 78A(1) 105 105A 105B
c: an offence of conspiring to commit an offence against any of those sections of the Crimes Act 1961
d: an offence of attempting to commit an offence against any of those sections of the Crimes Act 1961
38: Inspector-General may make order protecting privacy or confidentiality
1: The Inspector-General may make an order prohibiting the publication, broadcast, distribution, or other disclosure of—
a: any matter that is the subject of, or otherwise relates to, an investigation or assessment:
b: any information, document, or other thing provided to the Inspector-General in the course of an investigation or assessment, or any report of the information, document, or other thing:
c: the name of a person participating in an investigation or assessment or other details likely to lead to the person’s identification:
d: a finding, recommendation, or other decision of the Inspector-General relating to an investigation or assessment:
e: a report of an investigation or assessment:
f: a decision of the Minister relating to an investigation or assessment.
2: Before making an order under this section, the Inspector-General must be satisfied that the matter or other thing covered by the order is sensitive, or that its public disclosure would—
a: breach its security classification; or
b: be likely to prejudice the Inspector-General’s ability to carry out an investigation or assessment.
3: A prohibition imposed by an order under this section may be permanent or for a period specified in the order.
4: An order under this section does not apply to—
a: a report or programme published under section 21 53 54
b: anything included in such a report or programme:
c: the communication or reporting of proceedings in Parliament. Additional protections for investigations and investigation participants
39: Investigations must be conducted in private unless Inspector-General decides otherwise
1: Every investigation must be conducted in private, except as provided by subsections (2) and (3).
2: The Inspector-General may decide to conduct an investigation, or part of an investigation, in public.
3: Before making a decision under subsection (2), the Inspector-General must have regard to—
a: the benefits of observing the principle of open justice, and the risk to public confidence in an investigation of conducting it in private:
b: the need for the investigation to ascertain the facts properly:
c: the risk that conducting the investigation, or the part of the investigation, in public would result in the public disclosure of sensitive information or the disclosure of information in breach of its security classification:
d: whether conducting the investigation, or the part of the investigation, in public would interfere with the administration of justice, including a person’s right to a fair trial:
e: any other consideration that the Inspector-General considers relevant.
40: Immunities and privileges of investigation participants
1: A person participating in an investigation has the same immunities and privileges as if they were appearing in civil proceedings, and subpart 8
a: the investigation were a civil proceeding; and
b: every reference to a Judge were a reference to the Inspector-General.
2: The Inspector-General may examine any information, document, or other thing for which privilege is claimed, or refer the information, document, or other thing to an independent person, to determine whether—
a: the person claiming privilege has a justifiable reason for maintaining the privilege; or
b: the information, document, or other thing should be disclosed.
3: This section is subject to section 30
41: Evidence provided in investigation not admissible in other proceedings
Any information, document, or other thing provided to the Inspector-General in the course of an investigation is not admissible as evidence in—
a: disciplinary proceedings for an offence against Part 2
b: any other proceedings against a person, except proceedings against the person who provided the information, document, or other thing for—
i: perjury as defined in section 108
ii: an offence against section 45
42: Right of response
The Inspector-General must not, in a report of an investigation, make a comment, finding, or recommendation that affects a person without providing them with—
a: adequate notice of the material that the Inspector-General proposes to rely on in making the comment, finding, or recommendation; and
b: an opportunity to be heard.
43: Return, disposal, or retention of material after investigation
1: Subsection (2) applies to any document or other thing provided to the Inspector-General for the purposes of an investigation.
2: On completion of the investigation, the Inspector-General must—
a: return the document or other thing to the person who provided it; or
b: if the document or other thing is a copy of a document or other thing held by the person who provided it, return it to the person or dispose of it in accordance with secure disposal procedures.
3: All other information, documents, and other things held by the Inspector-General and relating to the investigation must, subject to the requirements of the Public Records Act 2005
a: kept secure by the Inspector-General in accordance with protective security requirements; or
b: disposed of by the Inspector-General in accordance with secure disposal procedures. Protection of Defence Force workers
44: Protection against retaliation for co-operating with Inspector-General
1: This section applies to anyone who does any of the following things:
a: brings a matter to the Inspector-General’s attention under section 23
b: helps to provide the Inspector-General with access to defence records under section 24 section 25
c: submits to examination by the Inspector-General under section 28
d: provides the Inspector-General with information, a document, or another thing under section 29
2: The Defence Force must not, by reason of the person’s having done the thing, subject them to a penalty, or to discriminatory treatment of any kind, in relation to any work that they do, or propose to do, for the Defence Force.
3: However, subsection (2) does not apply if the Inspector-General determines that the person did the thing in subsection (1) in bad faith.
5: Offences
45: Obstructing, hindering, resisting, or deceiving Inspector-General
1: A person commits an offence if the person wilfully, without reasonable excuse,—
a: obstructs, hinders, or resists the Inspector-General in the performance of the Inspector-General’s functions:
b: refuses or fails to comply with a lawful requirement of the Inspector-General:
c: makes a false statement to, or misleads or attempts to mislead, the Inspector-General.
2: A person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000.
46: Failing to comply with duty of confidentiality
1: A person commits an offence if the person wilfully fails to comply with a requirement under section 36
a: not to use, make a record of, or disclose any information, document, or other thing; or
b: to disclose any information, document, or other thing only in accordance with specified terms and conditions.
2: A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000, or both.
3: A prosecution for an offence against this section must not be commenced without the leave of the Attorney-General.
47: Failing to comply with confidentiality or privacy order
1: A person commits an offence if the person knowingly fails to comply with an order under section 38
2: A person who commits an offence against this section is liable on conviction to a fine not exceeding—
a: $10,000 if the person is an individual:
b: $100,000 in any other case.
6: Miscellaneous provisions and consequential amendments
Advisors and staff
48: Advisory panel
1: The Inspector-General may appoint an advisory panel of 2 or more people to provide the Inspector-General with advice on an ongoing basis.
2: The advisory panel may provide its advice—
a: at the Inspector-General’s request; or
b: on its own initiative.
3: Each member of the advisory panel must hold a government-sponsored security clearance of a level determined by the Minister.
4: The Inspector-General must publish details of a person’s appointment under this section on a publicly accessible Internet site maintained by or on behalf of the Inspector-General.
5: The Inspector-General may—
a: set the advisory panel’s terms of reference:
b: determine the panel’s procedure:
c: give the panel any information that the Inspector-General considers may help the panel to provide the Inspector-General with advice.
6: Subject to subsection (5)(b), the advisory panel may determine its own procedure.
49: Other advisors
1: The Inspector-General may, from time to time, appoint advisors to provide the Inspector-General with advice on a case-by-case basis.
2: Advisors appointed under this section must hold a government-sponsored security clearance of a level determined by the Minister.
3: The Inspector-General may give advisors appointed under this section any information that the Inspector-General considers may help them to provide their advice.
50: Administrative provisions relating to advisors
1: The terms of a person’s appointment under section 48 49
2: Those terms may include—
a: the term for which the person is appointed:
b: the circumstances in which the person may be removed from office:
c: remuneration for the person’s services or reimbursement of their expenses.
3: Any remuneration or reimbursement under subsection (2)(c) must be in accordance with the framework determined by the Government for the classification and remuneration of statutory and other bodies in which the Crown has an interest.
51: Staff
1: The Inspector-General may appoint any employees that the Inspector-General considers necessary for the efficient performance of the Inspector-General’s functions.
2: The power conferred by subsection (1) includes the power to appoint employees on a part-time or temporary basis, or for any period that the Inspector-General and an employee agree.
3: An employee under this section is employed on the terms and conditions, and paid the salary and allowances, that the Inspector-General determines in consultation with the Secretary for Justice.
4: The Inspector-General must operate an employment policy that complies with the principle of being a good employer as set out in section 118
5: Employees appointed under this section must hold a government-sponsored security clearance of a level determined by the Minister.
52: Delegations
1: The Inspector-General may, either generally or particularly, delegate functions of the Inspector-General to employees appointed under section 51
2: However, the Inspector-General must not delegate the power under this section to make delegations.
3: A delegation under this section must be in writing.
4: Subject to any general or special directions given, or conditions imposed, by the Inspector-General,—
a: an employee to whom a function is delegated under this section may perform the delegated function in the same manner, subject to the same restrictions, and with the same effect as if it were performed by the Inspector-General; and
b: accordingly, a reference in any of the following provisions to the Inspector-General, in relation to the delegated function or anything done or omitted to be done in the performance of, or otherwise in connection with, the delegated function, includes a reference to the employee unless the context otherwise requires:
i: sections 9 10
ii: Parts 3 to 5
iii: a provision of this Part other than this section.
5: The employee must, in the absence of evidence to the contrary, be presumed to be acting within the terms of the delegation.
6: The delegation does not affect or prevent the performance of the delegated function by the Inspector-General or affect the Inspector-General’s responsibility for the actions of the employee. Reporting and liability
53: Annual work programme
1: At least 60 days before the beginning of each financial year, the Inspector-General must—
a: prepare a draft proposed work programme for that year; and
b: consult the Minister about the proposed work programme.
2: The Inspector-General must finalise the programme after having regard to any comments received from the Minister.
3: The finalised programme must not include sensitive information.
4: As soon as practicable after the programme is finalised, the Inspector-General must—
a: give a copy to the Minister; and
b: publish it on a publicly accessible Internet site maintained by or on behalf of the Inspector-General.
5: The Minister must present a copy of the annual work programme to the House of Representatives—
a: as soon as practicable after receiving it; or
b: at the same time that the annual report for the preceding financial year is presented under section 54(4)
54: Annual report
1: As soon as practicable after the end of each financial year, the Inspector-General must provide a report of the Inspector-General’s operations during that year to the Minister.
2: The report must—
a: specify the number of investigations and assessments undertaken during the year; and
b: contain a brief description of the outcome of each investigation or assessment; and
c: specify the number of occasions during the year on which, under section 15
d: contain a brief description of each of those occasions; and
e: contain information on the Inspector-General’s financial performance; and
f: contain any other information that the Inspector-General considers necessary.
3: The report must not include sensitive information.
4: As soon as practicable after receiving the report, the Minister must present a copy of it to the House of Representatives.
5: As soon as practicable after a copy of the report is presented to the House of Representatives under subsection (4), the Inspector-General must publish the report on a publicly accessible Internet site maintained by or on behalf of the Inspector-General.
55: Inspector-General and others protected against liability
1: The following people are not personally liable for doing, or omitting to do, an act in the performance or intended performance of the Inspector-General’s functions, or in the course of working for or providing a service to the Inspector-General, if the act or omission was in good faith:
a: the Inspector-General:
b: the Deputy Inspector-General:
c: an employee or a contractor of, or a secondee to, the Inspector-General:
d: an independent person to whom any information, document, or other thing is referred under section 40(2)
e: a member of an advisory panel:
f: an advisor appointed under section 49
2: Subsection (1) does not apply to proceedings for—
a: an offence against section 46
b: an offence against section 78 78AA(1) 78A(1) 105 105A 105B
c: an offence of conspiring to commit an offence against any of those sections of the Crimes Act 1961
d: an offence of attempting to commit an offence against any of those sections of the Crimes Act 1961 Consequential amendments
56: Consequential amendments
Amend the Acts specified in Schedule 3 2025-01-26 Corrections Act 2004 Health Act 1956 Intelligence and Security Act 2017 Mental Health (Compulsory Assessment and Treatment) Act 1992 Official Information Act 1982 Ombudsmen Act 1975 Privacy Act 2020 Protected Disclosures (Protection of Whistleblowers) Act 2022 Remuneration Authority Act 1977 Or earlier by OIC (see 2(1)(a))


1: Title
This Act is the Companies (Directors’ Duties) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Companies Act 1993 2023-08-04 Companies Act 1993
4: Section 131 amended (Duty of directors to act in good faith and in best interests of company)
After section 131(4)
5: To avoid doubt, in considering the best interests of a company or holding company for the purposes of this section, a director may consider matters other than the maximisation of profit (for example, environmental, social, and governance matters).