1Short title
This Act may be cited as the Corruption, Crime and Misconduct Act 2003.
[Section 1 amended: No. 35 of 2014 s. 5.]
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This Act may be cited as the Corruption, Crime and Misconduct Act 2003.
[Section 1 amended: No. 35 of 2014 s. 5.]
This Act comes into operation on a day to be fixed by proclamation.
Different days may be fixed under subsection (1) for different provisions.
In this Act unless the contrary intention appears —
A‑CC means the Anti‑Corruption Commission established under the Anti‑Corruption Commission Act 1988 1;
allegation means —
a report made to the Commission under section 25; or
a proposition initiated by the Commission under section 26(1); or
a matter notified to the Commission under section 28(2); or
an allegation referred to the Commission under section 45M(d); or
a received matter; or
a report made to the Public Sector Commissioner under section 45E(1); or
a proposition initiated by the Public Sector Commissioner under section 45F(1); or
a matter notified to the Public Sector Commissioner under section 45H(2);
appropriate authority means a person, body or organisation who or which is empowered by a law of the State to take investigatory or other action, or both, in relation to misconduct, but does not include the Commission, an independent agency or either House of Parliament;
authorised officer has the meaning given in section 184(1);
bipartisan support means the support of —
members of the Standing Committee who are members of the party of which the Premier is a member; and
members of the Standing Committee who are members of the party of which the Leader of the Opposition is a member;
Commission means the Corruption and Crime Commission established under this Act;
Commissioner means the person holding the office of Commissioner established under this Act or acting in that office for the reasons mentioned in section 13A(1)(a) or 14(1)(a);
Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
contractor has the meaning given by the Court Security and Custodial Services Act 1999, the Declared Places (Mental Impairment) Act 2015 or the Prisons Act 1981, as is relevant to the case;
criminal benefit has the meaning given in the Criminal Property Confiscation Act 2000 section 145;
Deputy Commissioner means the person holding the office of Deputy Commissioner established under this Act;
Director of Public Prosecutions has the meaning given to Director in the Director of Public Prosecutions Act 1991;
disciplinary action means any disciplinary action under any law or contract and includes —
action under section 8 of the Police Act 1892; and
the taking of action against a person, with a view to dismissing, dispensing with the services of or otherwise terminating the services of that person;
disciplinary offence includes any conduct or other matter that constitutes or may constitute grounds for disciplinary action;
disclose means —
publish in any way; or
divulge or communicate to any person in any way;
employee of the Police Department includes an Aboriginal police liaison officer, a police auxiliary officer and a police cadet under the Police Act 1892;
examination means an examination under Part 7;
independent agency means —
the Parliamentary Commissioner; and
the Director of Public Prosecutions; and
the Auditor General; and
the Inspector of Custodial Services; and
the Public Sector Commissioner;
inquiry means an inquiry by the Parliamentary Inspector under section 197;
investigation means an investigation by the Commission, whether alone or in cooperation with another body, under section 21AD or Part 3 (including a preliminary investigation conducted under section 32(2));
minor misconduct means misconduct of a kind described in section 4(d) that is not any of the following —
police misconduct;
conduct engaged in by a member of a House of Parliament or the Clerk of a House of Parliament;
conduct engaged in by —
a member of a local government or council of a local government; or
a member of a council of a regional local government;
misconduct has the meaning given by section 4;
nominating committee means a committee consisting of —
the Chief Justice; and
the Chief Judge of the District Court; and
a person appointed by the Governor to represent the interests of the community;
notifying authority means —
a department or organisation as defined in the Public Sector Management Act 1994;
an entity in respect of which a declaration is in effect under section 56(2) of the Financial Management Act 2006;
a statutory authority as defined in the Financial Management Act 2006;
an authority to which the Parliamentary Commissioner Act 1971 applies;
a person or body, or holder of an office —
under whom or which a public officer holds office or by whom or which a public officer is employed; or
who or which is prescribed for the purposes of this subparagraph,
but does not include the President of the Legislative Council or the Speaker of the Legislative Assembly;
officer of the Commission means —
the Commissioner; or
the Deputy Commissioner; or
a person appointed under section 179; or
a person seconded or otherwise engaged under section 181; or
a person engaged under section 182;
officer of the Parliamentary Inspector means —
a person appointed under section 210; or
a person seconded or otherwise engaged under section 212; or
a person engaged under section 213;
officer of the Public Sector Commissioner means a public service officer employed in, or seconded to, the office of the Public Sector Commissioner;
organised crime means activities of 2 or more persons associated together solely or partly for purposes in the pursuit of which 2 or more Schedule 1 offences are committed, the commission of each of which involves substantial planning and organisation;
organised crime examination means an examination to which a person is summoned under an organised crime summons;
organised crime summons means a summons issued under section 96 on an application by the Commissioner of Police under section 48;
Parliamentary Commissioner has the meaning given to Commissioner under the Parliamentary Commissioner Act 1971;
Parliamentary Inspector means the person holding the office of Parliamentary Inspector of the Corruption and Crime Commission established under this Act or acting in the office for the reasons mentioned in section 193(1)(a) or (b);
perform includes to exercise;
Police Department means the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Minister responsible for the administration of the Police Act 1892 in the administration of that Act;
police misconduct means —
misconduct by —
a member of the Police Force; or
an employee of the Police Department; or
a person seconded to perform functions and services for, or duties in the service of, the Police Department;
or
reviewable police action;
Police Royal Commission has the meaning given to Commission under the Royal Commission (Police) Act 2002;
police service means the organisation consisting of —
members of the Police Force; and
employees of the Police Department; and
persons seconded to perform functions and services for, or duties in the service of, the Police Department;
principal officer of a notifying authority means —
in the case of a department or organisation as defined in the Public Sector Management Act 1994, the chief executive officer or chief employee of that department or organisation; and
in the case of a notifying authority that is an entity in respect of which a declaration is in effect under section 56(2) of the Financial Management Act 2006, the holder of the office that is the subject of that declaration; and
in the case of a contractor and any subcontractor under the relevant contract, the holder of the office specified in the relevant contract to be the principal officer for the purposes of this Act; and
in any other case —
the person specified in the regulations as the principal officer of that notifying authority or a notifying authority of that class; or
if no person is specified under subparagraph (i), the person who is the head of that notifying authority, its most senior officer or the person normally entitled to preside at its meetings;
public authority means —
a notifying authority; or
a body mentioned in Schedule V Part 3 to the Constitution Acts Amendment Act 1899; or
an authority, board, corporation, commission, council, committee, local government, regional local government, regional subsidiary or similar body established under a written law; or
a body that is the governing authority of a body referred to in paragraph (b) or (c); or
a contractor or subcontractor;
public officer has the meaning given by section 1 of The Criminal Code;
public service officer has the meaning given by section 3(1) of the Public Sector Management Act 1994;
received matter means —
a matter referred to the Commission by the Police Royal Commission, the A‑CC or the Parliamentary Commissioner; or
a matter received by the Commission in the performance of its functions under section 19(2)(b); or
any allegation made to the A‑CC under the Anti‑Corruption Commission Act 1988 that has not been finally dealt with under that Act immediately before the repeal of that Act under section 54 of the Corruption and Crime Commission Amendment and Repeal Act 2003;
record includes anything that is a document as defined in section 79B of the Evidence Act 1906;
reviewable police action means any action taken by a member of the Police Force, an employee of the Police Department or a person seconded to perform functions and services for, or duties in the service of, the Police Department that —
is contrary to law; or
is unreasonable, unjust, oppressive or improperly discriminatory; or
is 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
is taken in the exercise of a power or a discretion, and is so taken for an improper purpose or on irrelevant grounds, or on the taking into account of irrelevant considerations; or
is a decision that is made in the exercise of a power or a discretion and the reasons for the decision are not, but should be, given;
Schedule 1 offence means an offence described in Schedule 1;
section 5 offence has the meaning given by section 5;
serious misconduct means —
misconduct of a kind described in section 4(a), (b) or (c) by a public officer; or
police misconduct;
Standing Committee means the committee referred to in section 216A;
State Records Commission means the Commission established under section 57 of the State Records Act 2000;
subcontractor has the meaning given by the Court Security and Custodial Services Act 1999, the Declared Places (Mental Impairment) Act 2015 or the Prisons Act 1981, as is relevant to the case;
unexplained wealth has the meaning given in the Criminal Property Confiscation Act 2000 section 144;
witness means a person who appears at an examination or an inquiry to give evidence, whether the person has been summoned or appears without being summoned.
Nothing in this Act affects, or is intended to affect, the operation of the Parliamentary Privileges Act 1891 or the Parliamentary Papers Act 1891 and a power, right or function conferred under this Act is not to be exercised if, or to the extent, that the exercise would relate to a matter determinable by a House of Parliament.
[Section 3 amended: No. 78 of 2003 s. 5 and 35(13); No. 77 of 2006 Sch. 1 cl. 35(1) and (2); No. 8 of 2008 s. 11(2) and 23(1); No. 21 of 2008 s. 654(2); No. 39 of 2010 s. 74(2); No. 35 of 2014 s. 6; No. 4 of 2015 s. 84(2); No. 26 of 2016 s. 48; No. 10 of 2018 s. 5; No. 9 of 2022 s. 424; No. 5 of 2024 s. 4; No. 10 of 2023 s. 410.]
Misconduct occurs if —
a public officer corruptly acts or corruptly fails to act in the performance of the functions of the public officer’s office or employment; or
a public officer corruptly takes advantage of the public officer’s office or employment as a public officer to obtain a benefit for himself or herself or for another person or to cause a detriment to any person; or
a public officer whilst acting or purporting to act in his or her official capacity, commits an offence punishable by 2 or more years’ imprisonment; or
a public officer engages in conduct that —
adversely affects, or could adversely affect, directly or indirectly, the honest or impartial performance of the functions of a public authority or public officer whether or not the public officer was acting in their public officer capacity at the time of engaging in the conduct; or
constitutes or involves the performance of his or her functions in a manner that is not honest or impartial; or
constitutes or involves a breach of the trust placed in the public officer by reason of his or her office or employment as a public officer; or
involves the misuse of information or material that the public officer has acquired in connection with his or her functions as a public officer, whether the misuse is for the benefit of the public officer or the benefit or detriment of another person,
and constitutes or could constitute —
[(v) deleted]
a disciplinary offence providing reasonable grounds for the termination of a person’s office or employment as a public service officer under the Public Sector Management Act 1994 (whether or not the public officer to whom the allegation relates is a public service officer or is a person whose office or employment could be terminated on the grounds of such conduct).
[Section 4 inserted: No. 78 of 2003 s. 6; amended: No. 35 of 2014 s. 7.]
A section 5 offence is a Schedule 1 offence committed in the course of organised crime.
[Section 5 inserted: No. 78 of 2003 s. 6.]
The Commission may receive information and otherwise perform its functions in relation to acts, omissions or conduct occurring before or after the coming into operation of this Act.
The Commission may receive information and otherwise perform its functions in relation to acts, omissions or conduct alleged to have been done, omitted or engaged in by a person who was a public officer at the time of the alleged acts, omissions or conduct even if the person has ceased to be a public officer.
[Section 6, formerly section 4, renumbered as section 6: No. 78 of 2003 s. 35(1).]
This Act binds the Crown in right of the State and, so far as the legislative power of the State permits, the Crown in its other capacities.
[Section 7, formerly section 5, renumbered as section 7: No. 78 of 2003 s. 35(1).]
The main purposes of this Act are —
to combat and reduce the incidence of organised crime; and
to improve continuously the integrity of, and to reduce the incidence of misconduct in, the public sector; and
to facilitate the exercise of the Commission’s functions under the Criminal Property Confiscation Act 2000.
[Section 7A inserted: No. 78 of 2003 s. 7(2); amended: No. 10 of 2018 s. 6.]
The Act’s purposes are to be achieved primarily by establishing a permanent commission to be called the Corruption and Crime Commission.
The Commission is to be able to authorise the use of investigative powers not ordinarily available to the police service to effectively investigate particular cases of organised crime.
The Act’s purpose in relation to misconduct is to be achieved by conferring functions on the Commission and on the Public Sector Commissioner.
The Commission is to be able to investigate cases of serious misconduct.
The Public Sector Commissioner is to be able to investigate cases of minor misconduct.
The Commission and the Public Sector Commissioner are to help public authorities to prevent, and to identify and deal effectively and appropriately with, misconduct.
The Commission is to be able to investigate matters in relation to unexplained wealth and criminal benefits for the purpose of the exercise of its functions under the Criminal Property Confiscation Act 2000.
[Section 7B inserted: No. 78 of 2003 s. 7(2); amended: No. 35 of 2014 s. 8; No. 10 of 2018 s. 7.]
A commission called the Corruption and Crime Commission is established.
The Commission is a body corporate with perpetual succession.
Proceedings may be taken by or against the Commission in its corporate name.
[Section 8, formerly section 6, renumbered as section 8: No. 78 of 2003 s. 35(1).]
There is to be a Commissioner who, in the name of the Commission, is to perform the functions of the Commission under this Act and any other written law.
There is to be a Deputy Commissioner who, in the name of the Commission, is to perform such functions of the Commission under this Act and any other written law as the Commissioner directs.
Without limiting subsection (1) or (1A), if under this Act or any other written law an act or thing may or must be done by, to, by reference to or in relation to the Commission, the act or thing is to be regarded as effectually done if done by, to, by reference to or in relation to the Commissioner or Deputy Commissioner.
[(3)-(4B) deleted]
The Commissioner and Deputy Commissioner hold office in accordance with this Act.
The offices of Commissioner and Deputy Commissioner are not offices in the Public Service.
[Section 9, formerly section 7, amended: No. 78 of 2003 s. 8; renumbered as section 9: No. 78 of 2003 s. 35(1); amended: No. 7 of 2021 s. 4; No. 5 of 2024 s. 5.]
The Commissioner and Deputy Commissioner must be appointed on the recommendation of the Premier by the Governor by commission under the Public Seal of the State.
The Premier can recommend the appointment of a person under subsection (1) only if the following requirements are satisfied —
the person’s name is on a list of 3 persons that is submitted to the Premier by the nominating committee under section 9B(1);
if there is a Standing Committee —
the Premier has given the Standing Committee notice of the proposed recommendation under section 9C(1); and
the Standing Committee has not vetoed the proposed recommendation under section 9C(2); and
the period determined under section 9C(3) has ended;
if there is no Standing Committee — the Premier has consulted with the Leader of the Opposition and the leader of any other political party with at least 5 members in either House of Parliament.
[Section 9A inserted: No. 5 of 2024 s. 6.]
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