Western Australian Current Acts Western Australian Current Acts (1) Where, as a result
of an investigation conducted under this Act (not being an investigation
conducted pursuant to section 15), the Commissioner is of the opinion that the
action to which the investigation relates —
(a)
appears to have been taken contrary to law; or
(b) was
unreasonable, unjust, oppressive, or improperly discriminatory; or
(c) was
in accordance with a rule of law or a provision of an enactment or a practice
that is or may be unreasonable, unjust, oppressive, or improperly
discriminatory; or
(d) was
taken in the exercise of a power or discretion, and was so taken for an
improper purpose or on irrelevant grounds, or on the taking into account of
irrelevant considerations; or
(e) was
a decision that was made in the exercise of a power or discretion and the
reasons for the decision were not, but should have been, given; or
(f) was
based wholly or partly on a mistake of law or fact; or
(g) was
wrong,
he shall, as in the
circumstances of the case he thinks fit, carry out the duties imposed on him
by subsection (2).
(2) Where in such a
case as is referred to in subsection (1) the Commissioner is of the opinion
—
(a) that
the subject matter of the investigation should be referred to the appropriate
authority for further consideration; or
(b) that
action can be, and should be, taken to rectify, or mitigate or alter the
effects of, the action to which the investigation relates; or
(c) that
any practice in accordance with which the action was taken should be varied;
or
(d) that
any law in accordance with which, or on the basis of which, the action was
taken should be reconsidered; or
(e) that
reasons should be given for the action; or
(f) that
any other steps should be taken,
the Commissioner shall
report his opinion, and his reasons therefor, to the principal officer of the
appropriate authority, and may make such recommendations as he thinks fit.
(3) Where the
Commissioner makes any report or recommendations to the principal officer of
an authority under subsection (2), he shall send a copy thereof to the
responsible Minister.
(4) If under
subsection (2) the Commissioner makes recommendations to the principal officer
of an authority he may request that officer to notify him, within a specified
time, of the steps that have been or are proposed to be taken to give effect
to the recommendations, or, if no such steps have been, or are proposed to be
taken, the reasons therefor.
(5) Where it appears
to the Commissioner that no steps that seem to him to be appropriate have been
taken within a reasonable time of his making any report or recommendations
under subsection (2), the Commissioner, after considering the comments (if
any) made by or on behalf of the principal officer to whom the report or
recommendations were made, may, if he thinks fit, send to the Premier of the
State a copy of the report and the recommendations together with a copy of any
such comments.
(6) Where a copy of
any report, recommendations, or comments has been sent to the Premier of the
State under subsection (5), the Commissioner may lay before each House of
Parliament such report on the matters to which they relate as he thinks fit.
(7) The Commissioner
shall not in any report under this Act make any comment defamatory of or
adverse to any person unless that person has been given an opportunity of
being heard in the matter and his defence is fairly set forth in the report.
(8) This section
applies in relation to an investigation by the Commissioner for the purposes
of the reportable conduct scheme as follows —
(a) any
reference to the appropriate authority is taken to be a reference to the
relevant entity;
(b) any
reference to the principal officer of the appropriate authority is taken to be
a reference to the head of the relevant entity;
(c)
subsection (3) applies only if the investigation relates to a relevant entity
that is a department or authority;
(d) for
the purposes of an investigation referred to in section 19ZB(1)(a) —
(i)
subsections (1) and (2) do not apply; and
(ii)
a reference in subsections (3) to (5) to a recommendation
under subsection (2) is taken to be a reference to a recommendation under
section 19ZD(3)(b).
[Section 25 amended: No. 25 of 2022 s. 17.]