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CRIME AND CORRUPTION ACT 2001 - SECT 35
How commission performs its corruption functions
35 How commission performs its corruption functions
(1) Without limiting how the commission may perform its corruption functions,
it performs its corruption functions by doing 1 or more of the following—
(a) expeditiously assessing complaints about, or information or matters (also
"complaints" ) involving, corruption made or notified to it;
(b) referring
complaints about corruption within a unit of public administration to a
relevant public official to be dealt with by the public official;
(c)
performing its monitoring role for police misconduct as provided for under
section 47 (1) ;
(d) performing its monitoring role for corrupt conduct as
provided for under section 48 (1) ;
(e) dealing with complaints about
corrupt conduct, by itself or in cooperation with a unit of public
administration;
(f) investigating and otherwise dealing with, on its own
initiative— (i) the incidence, or particular cases, of corruption throughout
the State; or
(ii) the matters mentioned in section 33 (2) ;
(g) assuming
responsibility for, and completing, an investigation, by itself or in
cooperation with a unit of public administration, if the commission considers
that action to be appropriate having regard to the principles set out in
section 34 ;
(h) when conducting or monitoring investigations, gathering
evidence for or ensuring evidence is gathered for— (i) the prosecution of
persons for offences; or
(ii) disciplinary proceedings against persons;
(i)
assessing the appropriateness of systems and procedures adopted by a unit of
public administration for dealing with complaints about corruption;
(j)
providing advice and recommendations to a unit of public administration about
dealing with complaints about corruption in an appropriate way.
(2) In
performing its corruption functions in a way mentioned in subsection (1) , the
commission should, whenever possible, liaise with a relevant public official.
(3) In performing its corruption function under section 33 (1) (b) , the
commission must focus on more serious cases of corrupt conduct and cases of
systemic corrupt conduct within a unit of public administration.
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