Parliamentary Commissioner Act 1971

The Commissioner may conduct an investigation into any of the following —

any reportable allegation or reportable conviction involving an employee of a relevant entity;

the handling or investigation by the head of a relevant entity of a reportable allegation or reportable conviction involving an employee of the relevant entity;

any action taken or not taken by the head of a relevant entity in response to a finding of reportable conduct in relation to an employee of the relevant entity.

The Commissioner must not conduct an investigation under this section unless the Commissioner considers that it is in the public interest to do so.

The Commissioner may decide to conduct an investigation under this section —

on the Commissioner’s own initiative; or

in response to a report or disclosure under this Division; or

in response to a complaint made to the Commissioner by an employee of a relevant entity in relation to any of the following —

the handling or investigation by the head of a relevant entity under this Division of a reportable allegation or reportable conviction involving the employee;

a finding of reportable conduct in relation to the employee;

any action taken or not taken by the head of a relevant entity in response to a finding of reportable conduct in relation to the employee;

in response to a complaint made to the Commissioner by any other person in relation to any of the following that affects the person in the person’s personal capacity —

the handling or investigation by the head of a relevant entity under this Division of a reportable allegation or reportable conviction involving an employee of the relevant entity;

a finding of reportable conduct in relation to an employee of the relevant entity;

any action taken or not taken by the head of a relevant entity in response to a finding of reportable conduct in relation to an employee of the relevant entity.

The Commissioner may make the following findings following an investigation under subsection (1)(a) —

in the case of an investigation of a reportable allegation involving an employee of a relevant entity —

that the Commissioner is of the opinion that the employee has engaged in reportable conduct; or

that there are no grounds, or no reasonable grounds, for the Commissioner to form the opinion that the employee has engaged in reportable conduct;

in the case of an investigation of a reportable conviction involving an employee of a relevant entity —

that the employee has a reportable conviction; or

that the employee does not have a reportable conviction.