Western Australian Current Acts Western Australian Current Acts (1) In this Act unless
the contrary intention appears —
A-CC means the Anti-Corruption Commission
established under the Anti-Corruption Commission Act 1988 1 ;
allegation means —
(a) a
report made to the Commission under section 25; or
(b) a
proposition initiated by the Commission under section 26(1); or
(c) a
matter notified to the Commission under section 28(2); or
(d) an
allegation referred to the Commission under section 45M(d); or
(e) a
received matter; or
(f) a
report made to the Public Sector Commissioner under section 45E(1); or
(g) a
proposition initiated by the Public Sector Commissioner under section 45F(1);
or
(h) a
matter notified to the Public Sector Commissioner under section 45H(2);
appropriate authority means a person, body or
organisation who or which is empowered by a law of the State to take
investigatory or other action, or both, in relation to misconduct, but does
not include the Commission, an independent agency or either House of
Parliament;
authorised officer has the meaning given in
section 184(1);
bipartisan support means the support of —
(a)
members of the Standing Committee who are members of the party of which the
Premier is a member; and
(b)
members of the Standing Committee who are members of the party of which the
Leader of the Opposition is a member;
Commission means the Corruption and Crime
Commission established under this Act;
Commissioner means the person holding the office
of Commissioner established under this Act or acting in that office for the
reasons mentioned in section 13A(1)(a) or 14(1)(a);
Commissioner of Police means the person holding or
acting in the office of Commissioner of Police under the Police Act 1892 ;
contractor has the meaning given by the
Court Security and Custodial Services Act 1999 , the
Declared Places (Mentally Impaired Accused) Act 2015 or the Prisons Act 1981
, as is relevant to the case;
criminal benefit has the meaning given in the
Criminal Property Confiscation Act 2000 section 145;
Deputy Commissioner means the person holding the
office of Deputy Commissioner established under this Act;
Director of Public Prosecutions has the meaning
given to Director in the Director of Public Prosecutions Act 1991 ;
disciplinary action means any disciplinary action
under any law or contract and includes —
(a)
action under section 8 of the Police Act 1892 ; and
(b) the
taking of action against a person, with a view to dismissing, dispensing with
the services of or otherwise terminating the services of that person;
disciplinary offence includes any conduct or other
matter that constitutes or may constitute grounds for disciplinary action;
disclose means —
(a)
publish in any way; or
(b)
divulge or communicate to any person in any way;
employee of the Police Department includes an
Aboriginal police liaison officer, a police auxiliary officer and a police
cadet under the Police Act 1892 ;
examination means an examination under Part 7;
independent agency means —
(a) the
Parliamentary Commissioner; and
(b) the
Director of Public Prosecutions; and
(c) the
Auditor General; and
(d) the
Inspector of Custodial Services; and
(e) the
Public Sector Commissioner;
inquiry means an inquiry by the Parliamentary
Inspector under section 197;
investigation means an investigation by the
Commission, whether alone or in cooperation with another body, under
section 21AD or Part 3 (including a preliminary investigation conducted under
section 32(2));
minor misconduct means misconduct of a kind
described in section 4(d) that is not any of the following —
(a)
police misconduct;
(b)
conduct engaged in by a member of a House of Parliament or the Clerk of a
House of Parliament;
(c)
conduct engaged in by —
(i)
a member of a local government or council of a local
government; or
(ii)
a member of a council of a regional local government;
misconduct has the meaning given by section 4;
nominating committee means a committee consisting
of —
(a) the
Chief Justice; and
(b) the
Chief Judge of the District Court; and
(c) a
person appointed by the Governor to represent the interests of the community;
notifying authority means —
(a) a
department or organisation as defined in the Public Sector Management Act
1994 ;
(b) an
entity in respect of which a declaration is in effect under section 56(2) of
the Financial Management Act 2006 ;
(c) a
statutory authority as defined in the Financial Management Act 2006 ;
(d) an
authority to which the Parliamentary Commissioner Act 1971 applies;
(e) a
person or body, or holder of an office —
(i)
under whom or which a public officer holds office or by
whom or which a public officer is employed; or
(ii)
who or which is prescribed for the purposes of this
subparagraph,
but does not include the President of the
Legislative Council or the Speaker of the Legislative Assembly;
officer of the Commission means —
(a) the
Commissioner; or
(aa) the
Deputy Commissioner; or
(b) a
person appointed under section 179; or
(c) a
person seconded or otherwise engaged under section 181; or
(d) a
person engaged under section 182;
officer of the Parliamentary Inspector means
—
(a) a
person appointed under section 210; or
(b) a
person seconded or otherwise engaged under section 212; or
(c) a
person engaged under section 213;
officer of the Public Sector Commissioner means a
public service officer employed in, or seconded to, the office of the Public
Sector Commissioner;
organised crime means activities of 2 or more
persons associated together solely or partly for purposes in the pursuit of
which 2 or more Schedule 1 offences are committed, the commission of each of
which involves substantial planning and organisation;
organised crime examination means an examination
to which a person is summoned under an organised crime summons;
organised crime summons means a summons issued
under section 96 on an application by the Commissioner of Police under
section 48;
Parliamentary Commissioner has the meaning given
to Commissioner under the Parliamentary Commissioner Act 1971 ;
Parliamentary Inspector means the person holding
the office of Parliamentary Inspector of the Corruption and Crime Commission
established under this Act or acting in the office for the reasons mentioned
in section 193(1)(a) or (b);
perform includes to exercise;
Police Department means the agency (as defined in
the Public Sector Management Act 1994 section 3(1)) principally assisting the
Minister responsible for the administration of the Police Act 1892 in the
administration of that Act;
police misconduct means —
(a)
misconduct by —
(i)
a member of the Police Force; or
(ii)
an employee of the Police Department; or
(iii)
a person seconded to perform functions and services for,
or duties in the service of, the Police Department;
or
(b)
reviewable police action;
Police Royal Commission has the meaning given to
Commission under the Royal Commission (Police) Act 2002 ;
police service means the organisation consisting
of —
(a)
members of the Police Force; and
(b)
employees of the Police Department; and
(c)
persons seconded to perform functions and services for, or duties in the
service of, the Police Department;
principal officer of a notifying authority means
—
(a) in
the case of a department or organisation as defined in the
Public Sector Management Act 1994 , the chief executive officer or chief
employee of that department or organisation; and
(b) in
the case of a notifying authority that is an entity in respect of which a
declaration is in effect under section 56(2) of the Financial Management Act
2006 , the holder of the office that is the subject of that declaration; and
(c) in
the case of a contractor and any subcontractor under the relevant contract,
the holder of the office specified in the relevant contract to be the
principal officer for the purposes of this Act; and
(d) in
any other case —
(i)
the person specified in the regulations as the principal
officer of that notifying authority or a notifying authority of that class; or
(ii)
if no person is specified under subparagraph (i), the
person who is the head of that notifying authority, its most senior officer or
the person normally entitled to preside at its meetings;
public authority means —
(a) a
notifying authority; or
(b) a
body mentioned in Schedule V Part 3 to the Constitution Acts Amendment Act
1899 ; or
(c) an
authority, board, corporation, commission, council, committee, local
government, regional local government, regional subsidiary or similar body
established under a written law; or
(d) a
body that is the governing authority of a body referred to in paragraph (b) or
(c); or
(e) a
contractor or subcontractor;
public officer has the meaning given by section 1
of The Criminal Code ;
public service officer has the meaning given by
section 3(1) of the Public Sector Management Act 1994 ;
received matter means —
(a) a
matter referred to the Commission by the Police Royal Commission, the A-CC or
the Parliamentary Commissioner; or
(b) a
matter received by the Commission in the performance of its functions under
section 19(2)(b); or
(c) any
allegation made to the A-CC under the Anti-Corruption Commission Act 1988
that has not been finally dealt with under that Act immediately before the
repeal of that Act under section 54 of the Corruption and Crime Commission
Amendment and Repeal Act 2003 ;
record includes anything that is a document as
defined in section 79B of the Evidence Act 1906 ;
reviewable police action means any action taken by
a member of the Police Force, an employee of the Police Department or a person
seconded to perform functions and services for, or duties in the service of,
the Police Department that —
(a) is
contrary to law; or
(b) is
unreasonable, unjust, oppressive or improperly discriminatory; or
(c) is
in accordance with a rule of law, or a provision of an enactment or a
practice, that is or may be unreasonable, unjust, oppressive or improperly
discriminatory; or
(d) is
taken in the exercise of a power or a discretion, and is so taken for an
improper purpose or on irrelevant grounds, or on the taking into account of
irrelevant considerations; or
(e) is a
decision that is made in the exercise of a power or a discretion and the
reasons for the decision are not, but should be, given;
Schedule 1 offence means an offence described in
Schedule 1;
section 5 offence has the meaning given by
section 5;
serious misconduct means —
(a)
misconduct of a kind described in section 4(a), (b) or (c) by a public
officer; or
(b)
police misconduct;
Standing Committee means the committee referred to
in section 216A;
State Records Commission means the Commission
established under section 57 of the State Records Act 2000 ;
subcontractor has the meaning given by the
Court Security and Custodial Services Act 1999 , the
Declared Places (Mentally Impaired Accused) Act 2015 or the Prisons Act 1981
, as is relevant to the case;
unexplained wealth has the meaning given in the
Criminal Property Confiscation Act 2000 section 144;
witness means a person who appears at an
examination or an inquiry to give evidence, whether the person has been
summoned or appears without being summoned.
(2) Nothing in this
Act affects, or is intended to affect, the operation of the
Parliamentary Privileges Act 1891 or the Parliamentary Papers Act 1891 and a
power, right or function conferred under this Act is not to be exercised if,
or to the extent, that the exercise would relate to a matter determinable by a
House of Parliament.
[Section 3 amended: No. 78 of 2003 s. 5 and
35(13); No. 77 of 2006 Sch. 1 cl. 35(1) and (2); No. 8 of 2008 s. 11(2) and
23(1); No. 21 of 2008 s. 654(2); No. 39 of 2010 s. 74(2); No. 35 of 2014 s. 6;
No. 4 of 2015 s. 84(2); No. 26 of 2016 s. 48; No. 10 of 2018 s. 5; No. 9 of
2022 s. 424; No. 5 of 2024 s. 4.]