Prosecutions and disciplinary action
36 Prosecutions and disciplinary action
On completing an investigation or at any time during an investigation, the Commission may do either or both of the following:
refer a matter to the relevant law enforcement agency for further investigation and potential prosecution;
refer a matter to a public authority for further investigation and potential disciplinary action against a public officer for whom the authority is responsible.
For the avoidance of doubt, the Commission must not refer a matter directly to a prosecution authority but may only refer it to a law enforcement agency who will be responsible for any further investigation and prosecution of the matter.
The
Commission may disclose to the relevant law enforcement agency or public authority any evidence or information that the Commission has in respect of the matter.
The
Commission need not obtain the views of a public authority before referring a matter under this section.
If a matter is referred to a public authority under subsection (1)(b), the Commission may give directions or guidance to the authority, which may include (without limitation)—
a requirement that the authority submit a report or reports on action taken in respect of the matter as set out in the directions; and
a recommendation as to the action that should be taken by the authority and the period within which it should be taken.
The
Commission may not give directions to the Governor or a judicial officer or to the Attorney‑General in relation to a matter concerning the Governor or a judicial officer.
The
Commission may not give directions to a House of Parliament or the
Joint Parliamentary Service Committee in relation to a matter concerning a public officer.
The
Commission may at any time—
revoke a referral to a public authority; or
revoke or vary directions or guidance given to a public authority or give further directions or guidance, as the Commission sees fit.
If—
a referral of a matter by the Commission under this section included a requirement that the public authority submit a report or reports on action taken in respect of the matter; and
the
Commission is not satisfied that a public authority has duly and properly taken action in relation to the matter, the
Commission must inform the authority of the grounds of the
Commission's dissatisfaction and give the authority an opportunity to comment within a specified time.
If, after considering any comments received from the public authority within the specified time, the Commission is still not satisfied, the Commission may submit a report to the Minister responsible for the authority setting out the grounds of dissatisfaction, together with any comments from the authority.
If, after considering any comments received from the Minister responsible for the public authority within 21 days after the report was submitted to the Minister, the Commission is still not satisfied, the Commission may provide to the President of the
Legislative Council and the Speaker of the House of Assembly a report setting out the grounds of dissatisfaction.
The
President of the Legislative Council and the Speaker of the House of
Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.
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