Duty to notify the parliamentary committee and the parliamentary commissioner of improper conduct
329 Duty to notify the parliamentary committee and the parliamentary commissioner of improper conduct
The person mentioned in column 1 of the following table (the notifier) must notify the parliamentary committee and the parliamentary commissioner of all conduct of a person mentioned opposite the notifier in column 2 of the table that the notifier suspects involves, or may involve, improper conduct.
| Column 1 | Column 2 |
|---|---|
| chairperson | commissioner other than the chairperson |
| chief executive officer | |
| deputy chairperson | chairperson |
| chief executive officer | commission officer other than a commissioner or the chief executive officer |
A notification under subsection (1) must be given in the way and within the time required by the parliamentary committee or parliamentary commissioner.
In forming a suspicion for subsection (1) in relation to the conduct of a person, the notifier must disregard the intention of the person in engaging in the conduct.
In this section—improper conduct, of a person, means—
disgraceful or improper conduct in an official capacity; or
disgraceful or improper conduct in a private capacity that reflects seriously and adversely on the commission; or
conduct that would, if the person were an officer in a unit of public administration, be corrupt conduct; or
disclosure of confidential information without the required authorisation, whether or not the disclosure contravenes an Act; or
failure to ensure—
a register kept by the commission under an Act is up to date and complete; or
all required documentation is on a file kept by the commission and correctly noted on a register kept by the commission under an Act; or
exercise of a power without obtaining the required authorisation, whether inadvertently or deliberately; or
noncompliance with a policy or procedural guideline set by the commission, whether inadvertently or deliberately, that is not of a minor or trivial nature; or
exercise of a power conferred on the person under this or another Act in a way that is an abuse of the power.
This Act’s bill:Explanatory memorandum
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