Western Australian Current Acts

PARLIAMENTARY COMMISSIONER ACT 1971 - SECT 19C

19C .         Terms used

                In this Division —

        child means a person who is under 18 years of age;

        commencement day means the day on which the Parliamentary Commissioner Amendment (Reportable Conduct) Act 2022 section 7 comes into operation;

        employee , of a relevant entity, has the meaning given in section 19D;

        investigation , of a matter, includes any preliminary or other inquiry into, or examination of, the matter;

        investigation information means information —

            (a)         relating to a reportable allegation or a reportable conviction involving an employee of a relevant entity; or

            (b)         obtained as a result of an investigation into a reportable allegation or reportable conviction conducted by the Commissioner or a relevant entity; or

            (c)         relating to any of the following —

                  (i)         the progress, conduct or findings of an investigation referred to in paragraph (b);

                  (ii)         any disciplinary or other action taken or not taken in relation to an employee of a relevant entity as a result of the findings of an investigation referred to in paragraph (b);

                  (iii)         any action taken, or proposed to be taken, by a relevant entity, as a result of the findings of an investigation referred to in paragraph (b), to improve the identification or prevention of reportable conduct, or the reporting, notification or investigation of reportable allegations and reportable convictions, involving employees of the relevant entity;

        physical assault means —

            (a)         the intentional or reckless application of physical force without lawful justification or excuse; or

            (b)         any act that intentionally or recklessly causes another person to apprehend immediate and unlawful violence;

        sexual misconduct —

            (a)         includes misconduct against, with or in the presence of, a child that is sexual in nature; but

            (b)         does not include a sexual offence;

        sexual offence —

            (a)         means an offence of a sexual nature under a law of this State, another State, a Territory or the Commonwealth, committed against, with or in the presence of, a child; and

            (b)         includes, without limitation —

                  (i)         an offence under The Criminal Code Chapter XXXI committed against, with or in the presence of, a child; and

                  (ii)         an offence of a sexual nature under The Criminal Code Chapter XXV; and

                  (iii)         an offence of a sexual nature under any other provision of The Criminal Code committed against, with or in the presence of, a child; and

                  (iv)         an offence under a law of another State, a Territory or the Commonwealth the elements of which, if they had occurred in this State, would have constituted an offence of a kind referred to in subparagraph (i), (ii) or (iii); and

                  (v)         an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in subparagraphs (i) to (iv) or paragraph (a); and

                  (vi)         an offence that, at the time it was committed (whether before, on or after commencement day), was an offence of a kind referred to in paragraph (a).

        [Section 19C inserted: No. 25 of 2022 s. 7.]