Corruption, Crime and Misconduct Act 2003

This section applies to the following persons —

the Parliamentary Commissioner;

the Inspector of Custodial Services;

the principal officer of a notifying authority;

an officer who constitutes a notifying authority.

Subject to subsections (4) and (5), a person to whom this section applies must notify the Public Sector Commissioner in writing of any matter —

which that person suspects on reasonable grounds concerns or may concern minor misconduct; and

which, in the case of a person referred to in subsection (1)(c) or (d), is of relevance or concern to that person in his or her official capacity.

The Public Sector Commissioner must be notified under subsection (2) as soon as is reasonably practicable after the person becomes aware of the matter.

A person to whom this section applies is not required to notify the Public Sector Commissioner of —

a matter that —

is being dealt with by that person, or the notifying authority of which that person is the principal officer, under section 45M(b); or

is referred to that person, or the notifying authority of which that person is the principal officer, by the Public Sector Commissioner under section 45M(c);

a matter that —

is referred to that person, or a notifying authority of which that person is the principal officer, by the Parliamentary Inspector under section 196(3)(f); and

relates to conduct by the holder of the office of Commissioner, a person acting in the office of Commissioner under section 13A or 14, the Deputy Commissioner, an officer of the Commission or an officer of the Parliamentary Inspector.

The Director of Public Prosecutions is not required to notify the Public Sector Commissioner of a matter if the matter does not relate to conduct by —

the Deputy Director as defined in the Director of Public Prosecutions Act 1991 section 3; or

a member of staff appointed or made available for the performance of the functions of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1991 section 30.