Western Australian Current Acts Western Australian Current Acts (1) Whether or not
there has been an allegation of minor misconduct, the Public Sector
Commissioner may make assessments and form opinions as to whether minor
misconduct —
(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) The Public Sector
Commissioner may make the assessments and form the opinions on the basis of
all or any of the following —
(a)
consultations with the Commission, another independent agency or an
appropriate authority;
(b)
inquiries and other action, whether conducted or taken in cooperation with the
Commission, another independent agency or an appropriate authority or
otherwise;
(c)
inquiries or other action conducted or taken by the Commission, another
independent agency or an appropriate authority.
(3) If the Public
Sector Commissioner makes an assessment or forms an opinion under subsection
(1) concerning minor misconduct, the Public Sector Commissioner may —
(a)
conduct a review in respect of part or all of the functions, management or
operations of one or more notifying authorities in connection with the minor
misconduct; or
(b)
advise the Commission, another independent agency or an appropriate authority
of the assessment or opinion and provide the Commission, agency or authority
with the information on which the assessment or opinion is based.
(4) For the purpose of
subsection (3)(a), the Public Sector Management Act 1994 Part 3A Division 3
Subdivision 1 (except sections 24B(2) to (5) and 24G) applies (with the
necessary changes) as if —
(a) a
reference to a review were a reference to a review under subsection (3)(a);
and
(b) a
reference to a public sector body, or to the employing authority of a public
sector body, were a reference to a notifying authority; and
(c) a
reference to an employee were a reference to a public officer.
[Section 45C inserted: No. 35 of 2014 s. 21.]
[Heading inserted: No. 35 of 2014 s. 21.]