Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 18

18 .         Serious misconduct function

        (1)         It is a function of the Commission (the serious misconduct function ) to ensure that an allegation about, or information or matter involving, serious misconduct is dealt with in an appropriate way.

        (2)         Without limiting how the Commission may perform the serious misconduct function, the Commission performs the function by —

            (a)         receiving and initiating allegations of serious misconduct;

            (b)         considering whether action is needed in relation to allegations and matters related to serious misconduct;

            (c)         investigating or taking other action in relation to allegations and matters related to serious misconduct if it is appropriate to do so, or referring the allegations or matters to independent agencies or appropriate authorities so that they can take action themselves or in cooperation with the Commission;

            (d)         monitoring the way in which independent agencies and appropriate authorities take action in relation to allegations and matters that are referred to them by the Commission;

            (e)         regardless of whether or not there has been an allegation of serious misconduct, investigating whether serious misconduct —

                  (i)         has or may have occurred; or

                  (ii)         is or may be occurring; or

                  (iii)         is or may be about to occur; or

                  (iv)         is likely to occur;

            (f)         making recommendations and furnishing reports on the outcome of investigations;

            (g)         consulting, cooperating and exchanging information with independent agencies, appropriate authorities and —

                  (i)         the Commissioner of the Australian Federal Police;

                  (ii)         the Commissioner of a Police Force of another State or Territory;

                  (iii)         the CEO of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;

                  (iv)         the Commissioner of Taxation holding office under the Taxation Administration Act 1953 of the Commonwealth;

                  (v)         the Director-General of Security holding office under the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;

                  (vi)         the Director of the Australian Transaction Reports and Analysis Centre under the Financial Transaction Reports Act 1988 of the Commonwealth;

                  (vii)         any person, or authority or body of this State, the Commonwealth, another State or a Territory that is declared by the Minister to be a person, authority or body to which this paragraph applies;

            (h)         assembling evidence obtained in the course of exercising the serious misconduct function and —

                  (i)         furnishing to an independent agency or another authority, evidence which may be admissible in the prosecution of a person for a criminal offence against a written law or which may otherwise be relevant to the functions of the agency or authority; and

                  (ii)         furnishing to the Attorney General or a suitable authority of another State, a Territory, the Commonwealth or another country, evidence which may be admissible in the prosecution of a person for a criminal offence against a law of the jurisdiction concerned or which may otherwise be relevant to that jurisdiction.

        (3)         When the Commission is deciding whether further action for the purposes of this Act in relation to an allegation is warranted, the matters to which it may have regard include the following —

            (a)         the seriousness of the conduct or involvement to which the allegation relates;

            (b)         whether or not the allegation is frivolous or vexatious or is made in good faith;

            (c)         whether or not the conduct or involvement to which the allegation relates is or has been the subject of appropriate investigatory or other action otherwise than for the purposes of this Act;

            (d)         whether or not, in all the circumstances, the carrying out of further action for the purposes of this Act in relation to the allegation is justified or is in the public interest.

        (4)         As an aspect of the serious misconduct function, the Commission may help public authorities to prevent serious misconduct by doing the following —

            (a)         analysing the information it gathers in performing the serious misconduct function, including the intelligence gathered in support of investigations into serious misconduct;

            (b)         analysing systems used within public authorities to prevent serious misconduct;

            (c)         providing information to, consulting with, and making recommendations to, public authorities about ways to prevent serious misconduct;

            (d)         generally increasing the capacity of public authorities to prevent serious misconduct by providing advice and training to those authorities and, if asked, to other entities;

            (e)         reporting on ways to prevent and combat serious misconduct.

        [Section 18 inserted: No. 78 of 2003 s. 11; amended: No. 35 of 2014 s. 10.]