Crime and Corruption Act 2001

This section applies if the parliamentary commissioner investigates a matter under section 314(4).

If, from information obtained in conducting the investigation, the parliamentary commissioner decides that prosecution proceedings for an offence should be considered, the parliamentary commissioner may refer the matter to the director of public prosecutions, or other appropriate prosecuting authority, for the purposes of any prosecution proceedings the director or other authority considers warranted.

If the matter involved conduct of a commission officer, the parliamentary commissioner may—

for conduct of a commissioner or the chief executive officer—make a recommendation to the Minister or the parliamentary committee that the Minister or parliamentary committee consider whether disciplinary action should be taken against the commissioner or chief executive officer; or

for conduct of another commission officer—make a recommendation to the chief executive officer that the chief executive officer consider whether disciplinary action should be taken against the officer.

The parliamentary commissioner must not include in a referral under subsection (2) or a recommendation under subsection (3)—

any statement that a person has engaged, is engaging or is about to engage in conduct that constitutes a criminal offence or disciplinary breach; or

any opinion or recommendation that a person should be prosecuted for a criminal offence or be the subject of disciplinary action or further disciplinary action.

The parliamentary commissioner may give a copy of a referral under subsection (2) or a recommendation under subsection (3), or an extract from the referral or recommendation, to the Speaker for tabling in the Legislative Assembly if, and only if—

the parliamentary commissioner is satisfied of the following—

the referral or recommendation relates to a case of serious corrupt conduct;

the referral or recommendation has not been adequately dealt with;

tabling the referral or recommendation, or extract, is in the public interest; and

the person to whom the referral or recommendation relates has been afforded procedural fairness for the disclosure of the referral or recommendation.

The Speaker must table in the Legislative Assembly a copy of, or extract from, a referral or recommendation within 7 days after the Speaker receives the copy or extract under subsection (5).

In this section—disciplinary action, for a commission officer, means any action of a disciplinary nature permitted to be taken against the officer under this Act, another law or the officer’s terms of employment or engagement, including, for example, terminating the officer’s appointment, employment or engagement under this Act.