New South Wales Consolidated Acts
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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 83
Inquiries by Public Service Commissioner or Secretary of Premier's Department into government sector agencies
(1) In this section--
"Secretary" means the Secretary of the Premier's Department.
(2) The
Commissioner or Secretary may conduct an inquiry into any matter relating to
the administration or management of a government sector agency.
(2A) The
Commissioner or Secretary may appoint a person to act on behalf of the
Commissioner or Secretary for the purposes of conducting an inquiry under this
section. Any such person is to act under the direction of the Commissioner or
Secretary and has the functions conferred on the Commissioner or Secretary
under this section.
(3) An inquiry is not to be conducted by the Secretary
into any matter that is the subject of an inquiry by the Commissioner, except
with the concurrence of the Commissioner.
(4) The Commissioner or Secretary
may, for the purposes of conducting an inquiry under this section-- (a) enter
and inspect the premises of a government sector agency, and
(b) require the
production of, and take copies of, any documents in the custody of an employee
of the government sector agency, and
(c) for the purposes of further
examination, take possession of, and remove, any of those documents, and
(d)
require an employee of the government sector agency to answer questions, and
(e) require an employee of the government sector agency to provide such
assistance and facilities as is or are necessary to enable the Commissioner or
Secretary to exercise functions under this section.
A reference in this
subsection to an employee of a government sector agency includes a reference
to any person who is engaged by the agency (whether directly or indirectly)
under a contract for services.
(4A) The Commissioner or Secretary may-- (a)
prepare a report on the conduct and findings, and any recommendations, of the
inquiry, and
(b) publish the report, if the Commissioner or Secretary
considers it is in the public interest to do so.
(4B) No civil or criminal
action or proceedings may be brought in relation to the publication of the
report or a copy of the report.
(5) This section does not affect the
operation of section 82.
(6) The Secretary cannot conduct an inquiry under
this section into the NSW Police Force.
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