Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) the
Commissioner of Police advises the Commissioner or the head of a relevant
entity that an investigation or finding under this Division is likely to
compromise a police investigation; or
(b)
another person or body with authority to investigate the conduct of an
employee of a relevant entity advises the Commissioner or the head of the
relevant entity that an investigation or finding under this Division is likely
to compromise an investigation by that person or body (a relevant
investigation ).
(2) The Commissioner
or the head of the relevant entity may —
(a)
suspend the investigation or finding until otherwise advised; and
(b) take
steps to manage any risks while the investigation or finding is suspended.
(3) Before making a
decision under subsection (2)(a) about whether to suspend or continue an
investigation, the Commissioner or the head of the relevant entity must
consult with, as the case requires —
(a) the
Commissioner of Police or the officer in charge of the police investigation;
or
(b) the
person or body conducting the relevant investigation.
(4) Before making a
decision under subsection (2)(b) about the steps to be taken to manage risks,
the Commissioner or the head of the relevant entity must consult with, as the
case requires —
(a) the
Commissioner of Police or the officer in charge of the police investigation;
or
(b) the
person or body conducting the relevant investigation.
(5) If the head of the
relevant entity decides to suspend an investigation or finding under this
section, the head of the relevant entity must advise the Commissioner of
—
(a) the
suspension; and
(b) the
steps being taken to manage the risks.
(6) If the
Commissioner or the head of the relevant entity decides not to suspend the
investigation, the Commissioner or the head of the relevant entity must ensure
the investigation is conducted in a way that does not compromise the police
investigation or the relevant investigation, as the case requires.
(7) This section does
not affect the operation of any other Act.
(8) In this section, a
reference to a police investigation or relevant investigation includes a
reference to any court proceeding (including an appeal) arising out of the
investigation.
[Section 19ZG inserted: No. 25 of 2022 s. 7.]
[Heading inserted: No. 25 of 2022 s. 7.]