Western Australian Current Acts Western Australian Current Acts (1) A supplier of
goods, services or works to a State agency may make a written complaint to the
Department CEO about a failure of the State agency to comply with this Act
that affects the business of the supplier.
(2) The Department CEO
may conduct an investigation under this Part into any such written complaint
made by a supplier.
(3) The Department CEO
may refer the complaint to the State agency if satisfied that —
(a) the
State agency has not had a reasonable opportunity to resolve the matter
itself; or
(b) the
complaint does not affect the integrity of, or public confidence in, the
procurement activities of the State agency.
(4) An investigation
into a complaint must be carried out by —
(a) an
officer of the Department appointed by the Department CEO; or
(b) if
the Department CEO is of the opinion that the complaint raises a conflict of
interest for officers of the Department — a person appointed by the
Department CEO who is not an officer of the Department.
(5) A supplier who
makes a complaint may withdraw the complaint at any time.
(6) The withdrawal of
a complaint does not prevent the Department CEO continuing to investigate the
matter under this Part.
(7) At the request of
a supplier who makes a complaint, the Department CEO may, subject to any
requirement of a written law, refuse to disclose in the course of an
investigation or in a published report information that —
(a)
identifies the supplier as a person who has made a complaint; or
(b)
might enable the identity of the supplier to be ascertained.