Commission may direct Public Sector Commissioner or appropriate authority not to take action
42 Commission may direct Public Sector Commissioner or appropriate authority not to take action
In this section —
misconduct matter means an allegation, complaint, information or matter involving misconduct specified in a notice given under subsection (2).
The Commission may, by written notice, direct the Public Sector Commissioner or an appropriate authority —
not to commence investigation of a misconduct matter or, if an investigation of the matter has already commenced, to discontinue the investigation; and
to take all reasonable steps to ensure that an investigation of a misconduct matter is not conducted by an officer of the Public Sector Commissioner or an officer of the appropriate authority.
The Public Sector Commissioner or appropriate authority must comply with the direction.
The notice absolves the Public Sector Commissioner and his or her officers or the appropriate authority and its officers from any duty with respect to the misconduct matter so far as it relates to investigation of the matter or to the bringing of an offender concerned before the courts to be dealt with according to law.
[(5) deleted]
Subsection (2) does not prevent an investigation of the misconduct matter that is conducted in accordance with arrangements made between the Commission and the Public Sector Commissioner or appropriate authority.
Despite subsection (2), an investigation of the misconduct matter by the Public Sector Commissioner or appropriate authority may be commenced or resumed if the Commission notifies the Public Sector Commissioner or appropriate authority that the Commission has revoked the direction.
[Section 42 inserted: No. 78 of 2003 s. 17; amended: No. 35 of 2014 s. 20.]
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