Western Australian Current Acts Western Australian Current Acts (1) In this section
—
officers means —
(a)
officers of the Commission; or
(b)
officers of the Parliamentary Inspector.
(2) The Parliamentary
Inspector has power to do all things necessary or convenient for the
performance of the Parliamentary Inspector’s functions.
(3) Without limiting
subsection (2), the Parliamentary Inspector —
(a) may
investigate any aspect of the Commission’s operations or any conduct of
officers; and
(b) is
entitled to full access to the records of the Commission and to take or have
copies made of any of them; and
(c) may
require officers to supply information or produce documents or other things
about any matter, or any class or kind of matters, relating to the
Commission’s operations or the conduct of officers; and
(d) may
require officers to attend before the Parliamentary Inspector to answer
questions or produce documents or other things relating to the
Commission’s operations or the conduct of officers; and
(e) may
consult, cooperate and exchange 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;
and
(f) may
refer matters relating to the Commission or officers to other agencies for
consideration or action; and
(g) may
recommend that consideration be given to disciplinary action against, or
criminal prosecution of, officers.
(4) The Commission is
to notify the Parliamentary Inspector whenever it receives an allegation that
concerns, or may concern, an officer of the Commission and at any time the
Parliamentary Inspector may review the Commission’s acts and proceedings
with respect to its consideration of such an allegation.
(5) Upon a review
under subsection (4), the Parliamentary Inspector may notify the Commission
that the matter is to be removed to the Parliamentary Inspector for
consideration and determination.
(6) On receipt of a
notice under subsection (5), the Commission is to comply with its terms.
(7) Upon a removal
under subsection (5), the Parliamentary Inspector may —
(a)
annul the Commission’s determination and substitute another; or
(b) make
any decision the Parliamentary Inspector might otherwise have made had the
Parliamentary Inspector exercised an original jurisdiction; or
(c) make
any ancillary order, whether final or provisional, that is remedial or
compensatory.
(8) Where the
Parliamentary Inspector proposes to act under subsection (7)(a), the
Commission must be given a reasonable opportunity to show cause why its
determination should not be annulled.
(9) The Parliamentary
Inspector must not undertake a review of a matter that arises from, or can be
dealt with under, a jurisdiction created by, or that is subject to, the
Industrial Relations Act 1979 .
[Section 196 inserted: No. 78 of 2003 s. 28.]