Parliamentary Commissioner Act 1971

This section applies if the Commissioner decides to conduct an investigation under section 19ZB(1)(a).

The Commissioner must give the employee who is the subject of the investigation written notice stating —

that the Commissioner intends to conduct an investigation under section 19ZB(1)(a); and

the reportable allegation or reportable conviction to be investigated.

As soon as practicable after the investigation ends, the Commissioner —

must give the head of the relevant entity —

written notice stating that the investigation has ended; and

a written report setting out the findings of the investigation and the reasons for those findings;

may make any recommendations that the Commissioner thinks fit.

The head of a relevant entity must not take any action to implement a recommendation of the Commissioner under subsection (3)(b) involving an employee of the relevant entity until the later of the following —

the end of the period under section 19ZF(2) for the employee to apply for a review of a finding of the Commissioner on the investigation;

if the employee makes an application under section 19ZF(1) for a review of a finding of the Commissioner on the investigation — the final determination of the review.

Nothing in subsection (4) prevents —

the CEO as defined in the CCS Act section 3 from taking action under that Act to safeguard or promote a child’s wellbeing; or

the head of a relevant entity taking any action that the head of the relevant entity considers should be taken to safeguard or promote a child’s wellbeing.

As soon as practicable after the investigation ends, the Commissioner must give the employee who was the subject of the investigation —

written notice stating that the investigation has ended; and

a written report setting out —

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

any recommendation made under subsection (3)(b) in relation to the employee.