Western Australian Current Acts

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CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 45X

45X .         Recommendations by Public Sector Commissioner

        (1)         The Public Sector Commissioner may —

            (a)         make recommendations as to whether consideration should or should not be given to the taking of disciplinary action against particular persons; and

            (b)         make recommendations for the taking of other action that the Public Sector Commissioner considers should be taken in relation to the subject matter of his or her assessments or opinions or the results of his or her inquiries.

        (2)         The Public Sector Commissioner may make the recommendations on the basis of —

            (a)         his or her assessments, consultations and opinions; and

            (b)         inquiries and other action, whether conducted or taken in cooperation with the Commission, another independent agency or an appropriate authority or otherwise; and

            (c)         inquiries or other action conducted or taken by the Commission, another independent agency or an appropriate authority.

        (3)         Without limiting subsection (1), the Public Sector Commissioner may —

            (a)         recommend that further inquiry or investigation into any matter be carried out —

                  (i)         by an Inquiry Panel appointed under the Local Government Act 1995 ; or

                  (ii)         in such other manner as the Public Sector Commissioner may recommend;

                and

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

        (4)         The Public Sector Commissioner may give the recommendations to another independent agency or an appropriate authority.

        (5)         A recommendation made by the Public Sector Commissioner under this section is not, and is not to be taken as, a finding that a particular person 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 45X inserted: No. 35 of 2014 s. 21; amended: No. 5 of 2024 s. 17.]



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