CORRUPTION, CRIME AND MISCONDUCT ACT 2003

Western Australian Current Acts

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CORRUPTION, CRIME AND MISCONDUCT ACT 2003

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

Division 1 -- Introduction

1. Short title
2. Commencement
3. Terms used; relationship with other Acts
4. Term used: misconduct
5. Term used: section 5 offence
6. Application
7. Act to bind Crown

Division 2 -- Purpose

7A. Act’s purposes
7B. How Act’s purposes to be achieved

PART 2 -- The Corruption and Crime Commission

Division 1 -- Office of Corruption and Crime Commission

8. Corruption and Crime Commission established
9. Commissioner and Deputy Commissioner of Corruption and Crime Commission
9A. Appointment of Commissioner and Deputy Commissioner
9B. Nominating committee to provide list of persons
9C. Standing Committee may veto proposed recommendation
10. Qualifications and eligibility for appointment as Commissioner or Deputy Commissioner
11. Terms and conditions of service of Commissioner
11A. Terms and conditions of service of Deputy Commissioner
12. Removal or suspension of Commissioner or Deputy Commissioner
13. Declaration of inability to act
13A. Deputy Commissioner to act as Commissioner
14. Acting Commissioner
15. Oath or affirmation of office

Division 2 -- Functions of Corruption and Crime Commission

16. General functions
18. Serious misconduct function
19. Functions in relation to Police Royal Commission
20. Functions in relation to A-CC
21. Organised crime functions
21A. Reviewable police action
21AA. Prevention and education function: police misconduct
21AB. Capacity development function: public authorities
21AC. Information about allegations received or initiated by Public Sector Commissioner
21AD. Unexplained wealth functions

PART 3 -- Serious misconduct: role of Commission

Division 1 -- Assessments and opinions

22. Assessments and opinions as to occurrence of serious misconduct

Division 2 -- Allegations

24. Allegations of serious misconduct
25. Any person may report serious misconduct
26. Commission may make proposition about serious misconduct
27. Allegation about Commissioner, Deputy Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated

Division 3 -- Duty to notify

28. Certain officers obliged to notify serious misconduct
29. Duty to notify under s. 28 is paramount
30. Commission may issue guidelines about notifications
31. Commission may report breach of duty to report or notify

Division 4 -- Assessments, opinions and investigation

32. Dealing with allegations
33. Decision on further action on allegation
34. Matters to be considered in deciding who should take action
35. Informant to be notified of decision not to take action
36. Person investigated can be advised of outcome of investigation
37. Referring allegation to another agency or authority
38. Referring allegations to Parliamentary Commissioner or Auditor General
39. Commission may decide to take other action
40. Commission’s monitoring role of appropriate authorities
41. Commission may review how appropriate authority has dealt with serious misconduct
42. Commission may direct Public Sector Commissioner or appropriate authority not to take action

Division 5 -- Recommendations

43. Recommendations by Commission
44. Other action for misconduct

PART 4A -- Misconduct: role of Public Sector Commissioner

Division 1 -- Functions in relation to misconduct

45A. Prevention and education function
45B. Minor misconduct function

Division 2 -- Minor misconduct

Subdivision 1 -- Assessments and opinions

45C. Assessments and opinions as to occurrence of minor misconduct

Subdivision 2 -- Allegations

45D. Allegations of minor misconduct
45E. Any person may report minor misconduct
45F. Public Sector Commissioner may make proposition about minor misconduct
45G. Allegation about Commission, Public Sector Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated

Subdivision 3 -- Duty to notify

45H. Certain officers obliged to notify minor misconduct
45I. Duty to notify under s. 45H is paramount
45J. Public Sector Commissioner may issue guidelines about notifications
45K. Public Sector Commissioner may report breach of duty to report or notify

Subdivision 4 -- Assessments, opinions and investigations

45L. Dealing with allegations
45M. Decision on further action on allegation
45N. Matters to be considered in deciding who should take action
45O. Informant to be notified of decision not to take action
45P. Person to whom allegation relates can be advised of outcome of inquiry
45Q. Action by Public Sector Commissioner: special inquiry or investigation
45R. Referring allegation to independent agency or appropriate authority under s. 45M(c)
45S. Referring allegations to Parliamentary Commissioner or Auditor General under s. 45M(c)
45T. Referring allegations to Corruption and Crime Commission under s. 45M(d)
45U. Public Sector Commissioner may decide to take other action
45V. Monitoring of appropriate authorities
45W. Review of appropriate authority’s handling of minor misconduct

Subdivision 5 -- Recommendations

45X. Recommendations by Public Sector Commissioner
45Y. Other action for minor misconduct not affected

Division 3 -- Reporting

45ZA. Report to Parliament on inquiry or other action
45ZB. Report to Parliament on further action by appropriate authority
45ZC. Person subject to adverse report: entitlement of
45ZD. Annual report under PSMA s. 22D: matters to be included

PART 4 -- Organised crime: exceptional powers and fortification removal

Division 1 -- Basis for, and control of, use of exceptional powers

45. Terms used
46. Exceptional powers finding, making of
47. Purpose of Divisions 2 to

Division 2 -- Examination before Commission

48. Commission, on application of police, may summons witnesses
49. Examination of witnesses by Commissioner of Police
50. Examination of witness about offence with which witness charged

Division 3 -- Entry, search and related matters

51. Commission may limit exercise of certain exceptional powers
52. Section 5 offences, enhanced police powers to enter, search etc. places
53. Section 5 offences, enhanced police powers to stop, search etc. people and conveyances
54. Searches of people, conduct of
55. Power to search includes power to break open
57. Offences
58. Police to report on use of powers under this Division
59. Overseeing exercise of powers under this Division

Division 4 -- Assumed identities

60. Approval for assumed identity
61. Police to report on activities undertaken under assumed identity approval
62. Overseeing exercise of powers under this Division

Division 5 -- Controlled operations

63. Terms used
64. Authority to conduct controlled operation and integrity testing
65. Police to report on controlled operation or integrity testing programme
66. Overseeing exercise of powers under this Division

Division 6 -- Fortifications

67. Terms used
68. Fortification warning notice: issue of
69. Fortification warning notice: contents of
70. Giving fortification warning notice
71. Withdrawal notice
72. Fortification removal notice: issue of
73. Fortification removal notice: contents of
74. Giving fortification removal notice
75. Fortification removal notice: enforcing
76. Review of fortification removal notice
77. Hindering removal or modification of fortifications
78. Planning and other approval issues
79. No compensation for removal or modification of fortifications
80. Protection from liability for wrongdoing

Division 7 -- General matters

81. Part not applicable to juveniles
82. Delegation by Commissioner of Police
83. Judicial review excluded

PART 5 -- Reporting

Division 1 -- Reports by Commission on specific matters

84. Report to Parliament on investigation or received matter
85. Report to Parliament on further action by appropriate authority
86. Person subject to adverse report, entitlement of
87. Disclosure of matters in report made under s. 84 or
88. Special reports to Parliament on policy matters
89. Report under s. 84, 85 or 88 may be made to Minister or Standing Committee instead of to Parliament
90. Reports about people proposed as police officers or CEOs

Division 2 -- General reports

91. Annual report to Parliament
92. Periodical report to Parliament

Division 3 -- General matters

93. Laying documents before House of Parliament that is not sitting

PART 6 -- Powers

Division 1 -- Particular powers to require information or attendance

94. Power to obtain information from public authority or officer
95. Power to obtain documents and other things
96. Power to summon witnesses to attend and produce things
97. Witnesses to attend until released
98. Powers in relation to things produced
99. Notation on notice or summons to restrict disclosure

Division 2 -- Entry, search and related matters

100. Power to enter and search premises of public authority or officer
101. Search warrants, issue and effect of

Division 3 -- Assumed identities

102. Terms used
103. Assumed identity approval, grant of
104. What assumed identity approval authorises
105. Issuing evidence of assumed identity
106. Court orders as to entries in register
107. Hearing of application under s. 106 or
108. Cancellation of evidence of assumed identity
109. Cancellation of approval affecting entry in register
110. Court may order entries in register to be cancelled
111. Protection from liability
112. Commission to indemnify agencies and officers
113. Operation of s. 111 and 112 limited in some cases
114. Identity of certain officers not to be disclosed in legal proceedings
115. Information about identity not to be disclosed
116. Misuse of assumed identity
117. Admissibility of certain Commission documents
118. Assumed identity approvals to be reviewed periodically

Division 4 -- Controlled operations and integrity testing programmes

119. Terms used
120. Division does not limit certain court powers
121. Controlled operation, grant of authority to conduct
122. Limits as to what may be done in, granting authority for, or who may take part in, controlled operation
123. Integrity testing programme, grant of authority to conduct
124. Varying authority
125. Cancelling authority
126. Effect of authority
127. Defect in authority
128. Protection from criminal responsibility for acts in authorised operation
129. Indemnity against civil liability for officer participants
130. Requirements to be met to obtain protection from criminal responsibility or indemnity
131. Effect of being unaware of variation or cancellation of authority
132. Protection from criminal responsibility for some ancillary activities
133. Admissibility of certain Commission documents
134. Identity of certain participants not to be disclosed in legal proceedings

Division 5 -- General

135. Law of evidence, application to Commission
136. Ancillary powers of Commission

PART 7 -- Examinations and deciding claims of privilege and excuse

Division 1 -- Examinations

137. Commission may conduct examinations
138. Conduct of examinations
139. Examination to be private unless otherwise ordered
140. Public examination, when allowed
141. Power to examine on oath or affirmation
142. Legal representation for witnesses and others
143. Examination of witnesses

Division 2 -- Claims of privilege and reasonable excuse

144. Legal professional privilege
145. Use of statements of witness against witness

Division 3 -- General

146. Witnesses’ expenses
147. Protection of Commission, legal representatives and witnesses

PART 8 -- Arrest warrants

148. Arrest warrants, issue and execution of
149. Conditional release of arrested person
149A. Provision for overnight detention
150. Supreme Court may review detention of arrested person

PART 9 -- Disclosure, secrecy and protection of witnesses

151. Disclosure of certain information restricted
152. Disclosure by Commission or its officers
153. Disclosure by other officials
154. Exclusion of other laws
155. Application of Telecommunications (Interception and Access) Western Australia Act 1996
156. Witness protection arrangements, Commission may make

PART 10 -- Contempt

157. Term used: reasonable excuse
158. Failing to comply with notice given under s. 94 or
159. Failing to obey summons issued under s.
160. Failing to be sworn or to give evidence when summonsed
160A. Contempts in relation to examination orders under the Criminal Property Confiscation Act 2000
161. Hindering execution of search warrants
162. Other contempts of Commission
163. Punishment of contempt of Commission
164. Conduct that is both a contempt and an offence

PART 11 -- Offences

165. Obstructing Commission, Parliamentary Inspector or their officers
166. Malicious disclosure of false allegation of misconduct
167. Disclosure contrary to notation under s.
168. Giving false testimony
169. Bribery of witness
170. Fraud on witness
171. Destroying evidence
172. Preventing witness from attending
173. Injury or detriment to witness
174. Dismissal by employer of witness
175. Victimisation
176. Pretending to be officer
177. Summary conviction of crimes
177A. Limitation period for prosecution of simple offences

PART 12 -- Administration

Division 1 -- Staff

178. Commission not SES organisation
179. Staff of Commission
180. Entitlements of public service officers
181. Secondment of staff and use of facilities
182. Engagement of service providers
183. Oath of secrecy for officers
184. Appointment and functions of authorised officers
185. Delegation by Commission

Division 2 -- Financial provisions

186. Funds of Commission
187. Application of Financial Management Act 2006 and Auditor General Act 2006

PART 13 -- Parliamentary Inspector of the Corruption and Crime Commission

Division 1 -- Office of Parliamentary Inspector of the Corruption and Crime Commission

188. Parliamentary Inspector of Corruption and Crime Commission, office established
189. Parliamentary Inspector, appointment of
190. Qualifications for appointment as Parliamentary Inspector
191. Terms and conditions of service of Parliamentary Inspector
192. Removal or suspension of Parliamentary Inspector
193. Acting Parliamentary Inspector
194. Oath or affirmation of office

Division 2 -- Functions of the Parliamentary Inspector

195. Functions
196. Powers
197. Inquiries
198. Parliamentary Inspector not to interfere with Commission’s operations

Division 3 -- Reporting

199. Report to Parliament may be given at any time
200. Person subject to adverse report, entitlement of
201. Report under s. 199 may be made to Standing Committee instead of Parliament
202. Disclosure of matters in report
203. Annual report to Parliament
204. Periodical report to Parliament
205. Reports not to include certain information
206. Laying documents before House of Parliament that is not sitting

Division 4 -- Disclosure

207. Restriction on disclosure generally
208. Disclosure by Parliamentary Inspector or officer
209. Disclosure by other officials

Division 5 -- Staff

210. Staff of Parliamentary Inspector
211. Entitlements of public service officers
212. Secondment of staff and use of facilities
213. Engagement of service providers
214. Oath of secrecy for officers

Division 6 -- Financial provisions

215. Funds of Parliamentary Inspector
216. Application of Financial Management Act 2006 and Auditor General Act 2006

PART 13A -- Standing Committee

216A. Standing committee of Houses of Parliament

PART 14 -- Other matters

217A. Findings and opinions of Commission or Public Sector Commissioner
217. Facilitating proof of certain documents
218. Disclosure of material personal interests
219. Protection from liability
220. Protection of persons making allegations and certain disclosures and giving information
221. Protection for compliance with this Act
222. Proceedings for defamation not to lie
223. Privilege, protection or immunity not limited or abridged
223A. Disposal of things seized under this Act
224. Records of Commission
225. Execution of documents by Commission
226. Review of Act
226A. Review of 2018 amendments to Act
227. Regulations
227A. Savings

PART 15 -- Transitional matters

Division 1 -- Transitional provision for Corruption and Crime Commission Amendment (Misconduct) Act 2014

228. Transitional provision for Corruption and Crime Commission Amendment (Misconduct) Act 2014

Division 2 -- Transitional provisions for Corruption, Crime and Misconduct Amendment Act 2024

229. Terms used
230. Advertising by nominating committee before transition day
231. Person on list submitted by nominating committee before transition day
232. References to Commissioner appointed under s. 9A(1)
233. Person taken to be acting for reason mentioned in s. 14(1)(b)
SCHEDULE 1 -- Offences that may be relevant for Part 4
SCHEDULE 2 -- Terms and conditions of service of Commissioner
SCHEDULE 2A -- Terms and conditions of service of Deputy Commissioner
SCHEDULE 3 -- Terms and conditions of service of Parliamentary Inspector

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