Western Australian Current Acts Western Australian Current Acts (1) In this section
—
misconduct matter means an allegation, complaint,
information or matter involving misconduct specified in a notice given under
subsection (2).
(2) The Commission
may, by written notice, direct the Public Sector Commissioner or an
appropriate authority —
(a) not
to commence investigation of a misconduct matter or, if an investigation of
the matter has already commenced, to discontinue the investigation; and
(b) to
take all reasonable steps to ensure that an investigation of a misconduct
matter is not conducted by an officer of the Public Sector Commissioner or an
officer of the appropriate authority.
(3) The Public Sector
Commissioner or appropriate authority must comply with the direction.
(4) The notice
absolves the Public Sector Commissioner and his or her officers or the
appropriate authority and its officers from any duty with respect to the
misconduct matter so far as it relates to investigation of the matter or to
the bringing of an offender concerned before the courts to be dealt with
according to law.
[(5) deleted]
(6) Subsection (2)
does not prevent an investigation of the misconduct matter that is conducted
in accordance with arrangements made between the Commission and the Public
Sector Commissioner or appropriate authority.
(7) Despite subsection
(2), an investigation of the misconduct matter by the Public Sector
Commissioner or appropriate authority may be commenced or resumed if the
Commission notifies the Public Sector Commissioner or appropriate authority
that the Commission has revoked the direction.
[Section 42 inserted: No. 78 of 2003 s. 17;
amended: No. 35 of 2014 s. 20.]
[Heading inserted: No. 78 of 2003 s. 17.]