Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 19

19 .         Functions in relation to Police Royal Commission

        (1)         In this section —

        record includes —

            (a)         evidence in any form; and

            (b)         information and other things.

        (2)         Without limiting the Commission’s functions under section 18, the Commission has the following functions in relation to the Police Royal Commission —

            (a)         to receive and assess all matters referred to the Commission by the Police Royal Commission under subsection (3);

            (b)         to receive and assess all matters not completed by the Police Royal Commission at the end of the Police Royal Commission (as determined under section 3(2) of the Royal Commission (Police) Act 2002 );

            (c)         to treat any investigation or assessment of the Police Royal Commission in relation to a matter referred to in paragraph (a) or (b) as an investigation or assessment of the Commission;

            (d)         to initiate or continue the investigation of any such matters where appropriate, and otherwise deal with those matters;

            (e)         to receive and deal with records of the Police Royal Commission.

        (3)         The Police Royal Commission may refer any matter before the Police Royal Commission to the Commission to be dealt with under this Act.

        (4)         When the Commission receives a matter referred to in paragraph (2)(a) or (2)(b), any record of the Police Royal Commission for the purposes of or in relation to the matter is to be transferred to the Commission, and becomes a record of the Commission and may be dealt with accordingly.

        (5)         The Commission may enter into arrangements with the person appointed to be the Police Royal Commission regarding —

            (a)         the cooperative performance of the respective functions of the Commission and the Police Royal Commission; and

            (b)         the joint use of facilities and staff; and

            (c)         the transfer of records from the Police Royal Commission to the Commission.

        (6)         For the purposes of subsection (2), the Commission has, in addition to its functions under this Act, all of the functions of the Police Royal Commission.

        (7)         To the extent that a duty of the Commission under this Act is inconsistent with a duty of the Police Royal Commission, this Act prevails.

        [Section 19, formerly section 16, amended: No. 78 of 2003 s. 13; renumbered as section 19: No. 78 of 2003 s. 35(1).]