Western Australian Current Acts

PARLIAMENTARY COMMISSIONER ACT 1971 - SECT 19X

19X .         Informing employee of certain matters and giving employee opportunity to make submissions

        (1)         This section applies if an employee of a relevant entity is the subject of an investigation under section 19W(1).

        (2)         Before any adverse finding in relation to the employee is made as a result of the investigation, the head of the relevant entity —

            (a)         must —

                  (i)         inform the employee that the employee is the subject of the investigation; and

                  (ii)         inform the employee of the reportable allegation or reportable conviction being investigated; and

                  (iii)         give the employee an opportunity to make submissions to the head of the relevant entity setting out the employee’s response in relation to the reportable allegation or reportable conviction being investigated;

                and

            (b)         must, after complying with paragraph (a) and considering any submissions made by the employee —

                  (i)         inform the employee of the proposed adverse finding; and

                  (ii)         give the employee an opportunity to make submissions to the head of the relevant entity setting out the employee’s responses in relation to the proposed adverse finding.

        (3)         Before any disciplinary or other action is taken in relation to the employee as a result of the findings of the investigation, the head of the relevant entity must —

            (a)         inform the employee of the action that is proposed to be taken; and

            (b)         give the employee an opportunity to make submissions to the head of the relevant entity setting out the employee’s response in relation to the action that is proposed to be taken.

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