Commissioner for Sustainability and the Environment Act 1993

The commissioner must, before commencing an investigation under this Act of action taken by an agency, inform the principal officer of the agency that the action is to be investigated.

The commissioner may from time to time make an arrangement with the principal officer of an agency in relation to the manner in which, and the period within which, the commissioner is to inform the principal officer that the commissioner proposes to investigate action taken by the agency, being action to which the arrangement relates.

Subject to this part, an investigation must be conducted in private and in the way decided by the commissioner.

If the Minister directs the commissioner to investigate a matter and states in the direction that it would be in the public interest to conduct a public process for the investigation, the commissioner must arrange for—

any public consultation or public hearings; and

the taking of any other measures;

Subject to this Act, the commissioner may, for this Act, obtain information from any person, and make any inquiries, as the commissioner decides.

Subject to subsection (7), it is not necessary for the complainant or any other person to be afforded an opportunity to appear before the commissioner or any other person in relation to an investigation by the commissioner under this Act.

The commissioner must not make a report in relation to an investigation under this Act in which the commissioner sets out opinions that are, either expressly or impliedly, critical of an agency or person unless, before completing the investigation, the commissioner has—

if the opinions relate to an agency—given the principal officer of the agency and the officer principally concerned in the action to which the investigation relates opportunities to appear before the commissioner or before an authorised person, and to make any submission, either orally or in writing, in relation to that action as they decide; and

if the opinions relate to a person—given that person an opportunity to appear before the commissioner or before an authorised person, and to make any submission, either orally or in writing, in relation to the action to which the investigation relates as the person decides.

If the commissioner gives the principal officer of an agency an opportunity to appear before the commissioner or before an authorised person under subsection (7), the principal officer may appear in person or a person authorised by the principal officer may appear on behalf of the principal officer.

If the commissioner gives a person other than the principal officer of an agency an opportunity to appear before the commissioner or before an authorised person under subsection (7), the person may, with the approval of the commissioner or of the authorised person, be represented by another person.

If, in relation to an investigation under this Act, the commissioner proposes to give a person an opportunity to appear before the commissioner or before an authorised person and to make any submission under subsection (7), or proposes to make a requirement of a person under section 17—

if a complaint was made orally in relation to the action and the complaint has not been put in writing—the complaint must be put in writing; and

the commissioner must, if the commissioner has not previously informed the responsible Minister that the action is being investigated, inform the Minister accordingly.

The commissioner may, either before or after the completion of an investigation under this Act, discuss any matter that is relevant to the investigation with a Minister concerned with the matter.

If the commissioner forms the opinion, either before or after completing an investigation under this Act, that there is evidence that a person, who is an officer of an agency, has been guilty of a breach of duty or of misconduct and that the evidence is, in all the circumstances, of sufficient force to justify doing so, the commissioner must bring the evidence to the notice of—

for an administrative unit—

if the person is the principal officer of the administrative unit—the Minister responsible for the administrative unit; or

if the person is a member of the administrative unit but is not the principal officer—the principal officer of the administrative unit; or

for a prescribed authority—

if the person is the principal officer of the authority—the responsible Minister of the authority; or

if the person is not the principal officer of the authority—the principal officer of the authority.

In this section: