Western Australian Current Acts

PARLIAMENTARY COMMISSIONER ACT 1971 - SECT 19U

19U .         Head of relevant entity must notify Commissioner

        (1)         This section applies if the head of a relevant entity becomes aware of a reportable allegation or a reportable conviction involving a person who is an employee of the relevant entity.

        (2)         The head of the relevant entity must give written notice to the Commissioner of the following information within 7 working days after becoming aware of the reportable allegation or reportable conviction —

            (a)         details of the reportable allegation or reportable conviction;

            (b)         the name (including any former name or alias) of the employee;

            (c)         the date of birth of the employee;

            (d)         the identifying number of any application made by the employee for an assessment notice under the Working with Children (Criminal Record Checking) Act 2004 or any current assessment notice issued to the employee under that Act;

            (e)         whether the police have been contacted about the reportable allegation or reportable conviction;

            (f)         the risk assessment made and the risk management action taken, or proposed to be taken, by the relevant entity;

            (g)         the name, address and telephone number of the relevant entity;

            (h)         the name of the head of the relevant entity;

                  (i)         how the head of the relevant entity intends to proceed with the matter;

            (j)         any information prescribed by the regulations.

        (3)         The head of the relevant entity is only required to provide information under subsection (2)(a), (b), (c), (d), (e) and (j) of which the head of the relevant entity is aware.

        (4)         The Commissioner, at the request of the head of the relevant entity, may, in writing —

            (a)         extend the time for giving a notice under this section; or

            (b)         exempt the relevant entity from providing information that the entity would otherwise be required to provide under this section.

        (5)         This section does not apply in relation to conduct of employees of a relevant entity that is of a class or kind that is exempt under section 19N(1).

        (6)         It is an offence for the head of a relevant entity to fail, without reasonable excuse, to comply with subsection (2).

        Penalty for this subsection: a fine of $5 000.

        (7)         It is a defence to a charge for an offence against subsection (6) for the person charged to prove that the person honestly and reasonably believed that another person had notified the Commissioner of the reportable allegation or reportable conviction in accordance with subsection (2).

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