Western Australian Current Acts Western Australian Current Acts (1) As soon as
practicable after the head of a relevant entity becomes aware of a reportable
allegation or reportable conviction involving an employee of the relevant
entity, the head of the relevant entity —
(a) must
—
(i)
investigate the reportable allegation or reportable
conviction; or
(ii)
arrange for an employee of the relevant entity to
investigate the reportable allegation or reportable conviction on behalf of
the head of the relevant entity; or
(iii)
engage a person or body as an independent investigator to
investigate the reportable allegation or reportable conviction on behalf of
the head of the relevant entity;
and
(b) must
inform the Commissioner of the name and contact details of the person or body,
or position or unit in the relevant entity, responsible for conducting the
investigation on behalf of the relevant entity.
(2) The head of a
relevant entity must take all reasonable steps to ensure that an investigation
under subsection (1) is carried out in a timely way.
(3) As soon as
practicable after conducting an investigation in relation to an employee under
subsection (1), the head of a relevant entity must either —
(a) make
a finding of reportable conduct in relation to the employee if the head of
relevant entity has formed the view, on reasonable grounds, that reportable
conduct involving the employee has occurred; or
(b) make
a finding that there are no grounds, or no reasonable grounds, for the head of
the relevant entity to form the view that reportable conduct involving the
employee has occurred.
(4) As soon as
practicable after making a finding of reportable conduct in relation to an
employee under this Act, the head of the relevant entity must ensure that
—
(a)
appropriate action is taken in relation to the employee in response to the
finding; and
(b) if
the head of the relevant entity has formed the view that it is needed,
appropriate action is taken 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.
(5) The Commissioner
may, in writing, request the head of a relevant entity to provide
investigation information to the Commissioner.
(6) The head of a
relevant entity must comply with a request under subsection (5).
(7) It is an offence
for the head of a relevant entity to fail, without reasonable excuse, to
comply with subsection (1) or (6).
Penalty for this subsection: a fine of $5 000.
[Section 19W inserted: No. 25 of 2022 s. 7.]