Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 45N

45N .         Matters to be considered in deciding who should take action

        (1)         Without limiting the matters to which the Public Sector Commissioner may have regard when deciding whether or not to make a decision under section 45M(a) or (b), the Public Sector Commissioner is to have regard to the nature of the minor misconduct that —

            (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)         Without limiting the matters to which the Public Sector Commissioner may have regard when deciding whether or not to make a decision under section 45M(c), the Public Sector Commissioner is to have regard to the following —

            (a)         the seniority of any public officer to whom the allegation relates;

            (b)         the nature of the minor misconduct that —

                  (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;

            (c)         the need for any inquiry into the allegation to be conducted independently of a public authority with which any public officer to whom the allegation relates is connected by membership or employment or in any other respect.

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