Corruption, Crime and Misconduct Act 2003

Whether or not there has been an allegation of minor misconduct, the Public Sector Commissioner may make assessments and form opinions as to whether minor misconduct —

has or may have occurred; or

is or may be occurring; or

is or may be about to occur; or

is likely to occur.

The Public Sector Commissioner may make the assessments and form the opinions on the basis of all or any of the following —

consultations with the Commission, another independent agency or an appropriate authority;

inquiries and other action, whether conducted or taken in cooperation with the Commission, another independent agency or an appropriate authority or otherwise;

inquiries or other action conducted or taken by the Commission, another independent agency or an appropriate authority.

If the Public Sector Commissioner makes an assessment or forms an opinion under subsection (1) concerning minor misconduct, the Public Sector Commissioner may —

conduct a review in respect of part or all of the functions, management or operations of one or more notifying authorities in connection with the minor misconduct; or

advise the Commission, another independent agency or an appropriate authority of the assessment or opinion and provide the Commission, agency or authority with the information on which the assessment or opinion is based.

For the purpose of subsection (3)(a), the Public Sector Management Act 1994 Part 3A Division 3 Subdivision 1 (except sections 24B(2) to (5) and 24G) applies (with the necessary changes) as if —

a reference to a review were a reference to a review under subsection (3)(a); and

a reference to a public sector body, or to the employing authority of a public sector body, were a reference to a notifying authority; and

a reference to an employee were a reference to a public officer.