Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 34

34 .         Matters to be considered in deciding who should take action

        (1)         Without limiting the matters to which the Commission may have regard when deciding whether or not to make a decision under section 33(1)(a) or (b), the Commission is to have regard to the nature of the serious misconduct that —

            (a)         has or may have occurred; or

            (b)         is or may be occurring; or

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

            (d)         is likely to occur.

        (2)         Without limiting the matters to which the Commission may have regard when deciding whether or not to make a decision under section 33(1)(c), the Commission is to have regard to the following —

            (a)         the seniority of any public officer to whom the allegation relates;

            (b)         the nature of the serious misconduct that —

                  (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;

            (c)         the need for there to be an independent investigation rather than an investigation by a public authority with which any public officer to whom the allegation relates is connected by membership or employment or in any other respect.

        [Section 34 inserted: No. 78 of 2003 s. 17; amended: No. 35 of 2014 s. 17.]