Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 45B

45B .         Minor misconduct function

        (1)         It is a function of the Public Sector Commissioner (the minor misconduct function ) to ensure that an allegation about, or information or matter involving, minor misconduct is dealt with in an appropriate way.

        (2)         Without limiting the ways the Public Sector Commissioner may perform the minor misconduct function or any other function under this Act or any other Act, the Public Sector Commissioner performs the minor misconduct function by doing the following —

            (a)         receiving and initiating allegations of minor misconduct;

            (b)         considering whether action is needed in relation to allegations and matters related to minor misconduct;

            (c)         inquiring into or taking other action in relation to allegations and matters related to minor misconduct if it is appropriate to do so, or referring the allegations or matters to other independent agencies or appropriate authorities so that they can take action themselves or in cooperation with the Public Sector Commissioner;

            (d)         monitoring the way in which other independent agencies and appropriate authorities take action in relation to allegations and matters that are referred to them by the Public Sector Commissioner;

            (e)         whether or not there has been an allegation of minor misconduct, inquiring into whether minor misconduct —

                  (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;

            (f)         making recommendations and furnishing reports on the outcome of inquiries;

            (g)         consulting, cooperating, and exchanging information, with the following —

                  (i)         the Commission;

                  (ii)         other independent agencies;

                  (iii)         appropriate authorities;

                  (iv)         the principal officers of notifying authorities;

                  (v)         any person or body whose functions under a law of the Commonwealth, another State or a Territory correspond with those of the Public Sector Commissioner under this Part or under the Public Sector Management Act 1994 ;

                  (vi)         any person, or any authority or body of this State, the Commonwealth, another State or a Territory, declared by the Minister to be a person, authority or body to which this paragraph applies;

            (h)         giving information to another independent agency or other authority that may provide evidence of the commission of a criminal offence under a written law or may otherwise be relevant to the functions of the agency or other authority.

        (3)         When the Public Sector Commissioner is deciding whether further action for the purposes of this Act in relation to an allegation is warranted, the matters to which the Public Sector Commissioner may have regard include the following —

            (a)         the seriousness of the conduct or involvement to which the allegation relates;

            (b)         whether or not the allegation is frivolous or vexatious or is made in good faith;

            (c)         whether or not the conduct or involvement to which the allegation relates is or has been the subject of appropriate investigatory or other action otherwise than for the purposes of this Act;

            (d)         whether or not, in all the circumstances, the carrying out of further action for the purposes of this Act in relation to the allegation is justified or is in the public interest.

        [Section 45B inserted: No. 35 of 2014 s. 21.]

        [Heading inserted: No. 35 of 2014 s. 21.]

        [Heading inserted: No. 35 of 2014 s. 21.]