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The OSI is an independent Executive Agency within the Attorney-General's portfolio.

​​​​On 12 November 2020, the Prime Minister announced the decision to establish the Office of the Special Investigator (OSI).

On 10 December 2020, the Governor-General approved an Executive Council Order to establish the Office as an Executive Agency under section 65 of the Public Service Act 1999. It has also been listed under Schedule 1 to the Public Governance, Performance and Accountability Rule 2014.

On 4 January 2021, the OSI was formally established. 

The OSI's Director-General is supported by key executive staff members including the Special Investigator and the Director of Investigations.