Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 38

38 .         Referring allegations to Parliamentary Commissioner or Auditor General

        (1)         The Commission is not to refer an allegation to the Parliamentary Commissioner or the Auditor General under section 33(1)(c) without having first consulted the Parliamentary Commissioner or the Auditor General.

        (2)         If an allegation is referred to the Parliamentary Commissioner, the allegation is to be treated by the Parliamentary Commissioner as if it were a complaint duly made under section 17 of the Parliamentary Commissioner Act 1971 and that Act applies to and in relation to the allegation accordingly.

        (3)         If an allegation is referred to the Auditor General, the Auditor General may investigate the allegation and the Auditor General Act 2006 applies to the investigation as if it were an investigation under section 18(2) of that Act.

        (4)         Nothing in the Auditor General Act 2006 prevents the Auditor General, or any person to whom section 46(2) of that Act applies, from disclosing to the Commission, or an officer of the Commission, information obtained in the course of an investigation under subsection (3).

        [Section 38 inserted: No. 78 of 2003 s. 17; amended: No. 77 of 2006 Sch. 1 cl. 35(3) and (4); No. 35 of 2014 s. 19.]