Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (1a), before investigating under this Act any action taken by or on
behalf of a department or authority the Commissioner shall notify the
principal officer thereof and the responsible Minister in writing of his
intention so to do, specifying the action in respect of which the
investigation is to be conducted.
(1a) If the
Commissioner is of the opinion that, because of the nature or circumstances of
a complaint, the complaint could be investigated and resolved expeditiously by
conducting an informal investigation then —
(a)
instead of notifying the principal officer in writing the Commissioner may
notify the principal officer orally; and
(b) the
Commissioner may notify the responsible Minister but does not have to do so.
(2) Every
investigation by the Commissioner under this Act shall be conducted in
private.
(3) Subject to any
Rules of Parliament made under this Act, the Commissioner is not required to
hold any hearing for the purposes of an investigation, and he may obtain
information from such persons and in such manner, and make such inquiries, as
he thinks fit. Any person who is concerned or involved in the investigation
may be represented by counsel or otherwise.
(4) If, at any time
during the course of an investigation, it appears to the Commissioner that
there may be grounds for making a report on that investigation that may affect
or concern any department or authority to which this Act applies he shall,
before making that report, afford to the principal officer thereof an
opportunity to comment on the subject matter of the investigation.
(5) The Commissioner
may, at any time during or after an investigation, consult any Minister of the
Crown who is concerned in the subject matter of the investigation.
(6) In relation to any
investigation, if a Minister of the Crown so requests or the investigation
relates to any recommendation made to such a Minister, the Commissioner shall
consult that Minister before forming a final opinion on any of the matters
referred to in section 25(1) or (2).
(7) If, during or
after an investigation, the Commissioner is of the opinion that there is
evidence of any breach of duty or misconduct on the part of any member,
officer, or employee of any department or authority to which this Act applies
—
(a) he
shall report that matter to the principal officer thereof; and
(b) he
shall furnish a copy of the report to the Minister charged with the
administration of that department or the enactment by which the authority is
constituted or, in the case of a contractor or subcontractor, to the Minister
to whom the administration of the Court Security and Custodial Services Act
1999 , the Declared Places (Mental Impairment) Act 2015 or the
Prisons Act 1981 is committed, as is relevant to the case.
(8) Subject to this
Act and any Rules of Parliament made thereunder the Commissioner may regulate
his procedure on an investigation in such manner as he thinks fit.
(9) This section
applies to an investigation by the Commissioner for the purposes of the
reportable conduct scheme as follows —
(a)
subsections (1) and (1a) do not apply;
(b) a
reference to a department or authority is taken to be a reference to a
relevant entity;
(c) a
reference to the principal officer of a department or authority is taken to be
a reference to the head of a relevant entity;
(d)
subsection (7)(b) applies only if the investigation relates to a relevant
entity that is a department or authority.
[Section 19 amended: No. 78 of 1996 s. 13 and 21;
No. 43 of 1999 s. 20; No. 47 of 1999 s. 27; No. 4 of 2015 s. 87(4); No. 25 of
2022 s. 8; No. 10 of 2023 s. 410.]