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s 19Z

Head of relevant entity must report outcome of investigation to Commissioner

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19Z Head of relevant entity must report outcome of investigation to Commissioner

(1)

The head of a relevant entity must, as soon as practicable after the end of an investigation under section 19W(1), give the Commissioner —

(a)

a written report setting out —

(i)

the findings of the investigation and the reasons for those findings; and

(ii)

any submissions made by the employee under section 19X; and

(iii)

any disciplinary or other action taken, or proposed to be taken, in relation to the employee as a result of the findings of the investigation; and

(iv)

if the entity does not propose to take any disciplinary or other action in relation to the employee — the reasons why no action is to be taken; and

(v)

any action taken, or proposed to be taken, as a result of the findings of the investigation, to improve the identification or prevention of reportable conduct, or the reporting, notification or investigation of reportable allegations and reportable convictions, involving employees of the relevant entity;

and

(b)

any other information that the head of the relevant entity considers relevant to the report.

(2)

After receiving the report and other information, the Commissioner may, by written notice given to the head of the relevant entity, request any additional information specified in the notice that the Commissioner considers relevant to determine whether —

(a)

the reportable allegation or reportable conviction was properly investigated; and

(b)

appropriate action was taken as a result of the investigation.

(3)

The head of a relevant entity must comply with a request under subsection (2).

(4)

It is an offence for the head of a relevant entity to fail, without reasonable excuse, to comply with subsection (1) or (3).

Penalty for this subsection: a fine of $5 000.

[Section 19Z inserted: No. 25 of 2022 s. 7.]

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