Western Australian Current Acts Western Australian Current Acts (1) This section
applies to the following persons —
(a) the
Parliamentary Commissioner;
(b) the
Inspector of Custodial Services;
(c) the
principal officer of a notifying authority;
(d) an
officer who constitutes a notifying authority.
(2) Subject to
subsections (4), (5) and (6), a person to whom this section applies must
notify the Commission in writing of any matter —
(a)
which that person suspects on reasonable grounds concerns or may concern
serious misconduct; and
(b)
which, in the case of a person referred to in subsection (1)(c) or (d), is of
relevance or concern to that person in his or her official capacity.
(3) The Commission
must be notified under subsection (2) as soon as is reasonably practicable
after the person becomes aware of the matter.
(4) A person to whom
this section applies is not required to notify the Commission of —
(a) a
matter that —
(i)
is being dealt with by that person, or the notifying
authority of which that person is the principal officer, under
section 33(1)(b); or
(ii)
is referred to that person, or the notifying authority of
which that person is the principal officer, by the Commission under
section 33(1)(c);
or
(b) a
matter that —
(i)
is referred to that person, or a notifying authority of
which that person is the principal officer, by the Parliamentary Inspector
under section 196(3)(f); and
(ii)
relates to conduct by the Commission, an officer of the
Commission or an officer of the Parliamentary Inspector.
(5) The Director of
Public Prosecutions is not required to notify the Commission of a matter if
the matter does not relate to conduct by —
(a) the
Deputy Director, as defined in section 3 of the Director of Public
Prosecutions Act 1991 ; or
(b) a
member of staff appointed or made available for the performance of the
functions of the Director of Public Prosecutions under section 30 of the
Director of Public Prosecutions Act 1991 .
(6) A person to whom
this section applies is not required to notify the Commission of a matter
which concerns or may concern reviewable police action.
[Section 28 inserted: No. 78 of 2003 s. 17;
amended: No. 35 of 2014 s. 31.]