Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 43

43 .         Recommendations by Commission

        (1)         The Commission may —

            (a)         make recommendations as to whether consideration should or should not be given to —

                  (i)         the prosecution of particular persons; and

                  (ii)         the taking of disciplinary action against particular persons;

                and

            (b)         make recommendations for the taking of other action that the Commission considers should be taken in relation to the subject matter of its assessments or opinions or the results of its investigations.

        (2)         The Commission may make the recommendations on the basis of —

            (a)         its assessments, consultations, opinions, and investigations and other actions (either by itself or in cooperation with an independent agency or appropriate authority); or

            (b)         investigations or other action of the Police Royal Commission; or

            (c)         preliminary inquiry or further action by the A-CC; or

            (d)         investigations or other action of an independent agency or appropriate authority; or

            (e)         information included in any received matter or otherwise given to the Commission.

        (3)         Without limiting subsection (1), the Commission may —

            (a)         recommend that further inquiry or investigation into any matter be carried out by an Inquiry Panel appointed under the Local Government Act 1995 , or in such other manner as the Commission may recommend; and

            (b)         recommend the terms of reference of any such inquiry or investigation.

        (4)         The Commission may give the recommendations to an independent agency or appropriate authority.

        (5)         If the Commission gives an independent agency a recommendation that consideration should be given to the prosecution of a particular person, the Commission must also give the independent agency all materials in the Commission’s possession that would be required for the purposes of sections 61 and 95 of the Criminal Procedure Act 2004 if that prosecution took place.

        (6)         A recommendation made by the Commission under this section is not a finding, and is not to be taken as a finding, that a person has committed or is guilty of a criminal offence or has engaged in conduct that constitutes or provides grounds on which that person’s tenure of office, contract of employment, or agreement for the provision of services, is, or may be, terminated.

        [Section 43 inserted: No. 78 of 2003 s. 17; amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 78.]