This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Contents Part 1 -- Preliminary matters 1. Short title 2 2. Commencement 2 Part 2 -- Corruption and Crime Commission Act 2003 amended 3. Act amended 3 4. Long title amended 3 5. Section 1 amended 3 6. Section 3 amended 4 7. Section 4 amended 6 8. Section 7B amended 7 9. Section 17 deleted 7 10. Section 18 amended 7 11. Section 21A amended 9 12. Sections 21AA, 21AB and 21AC inserted 9 21AA. Prevention and education function: police misconduct 9 21AB. Capacity development function: public authorities 10 21AC. Information about allegations received or initiated by Public Sector Commissioner 11 13. Part 3 heading replaced 12 Part 3 -- Serious misconduct: role of Commission 14. Section 23 deleted 12 15. Sections 27A and 27B deleted 12 16. Section 32 amended 12 17. Section 34 amended 12 18. Section 37 amended 13 57--2 page i Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Contents 19. Section 38 amended 13 20. Section 42 amended 13 21. Part 4A inserted 15 Part 4A -- Misconduct: role of Public Sector Commissioner Division 1 -- Functions in relation to misconduct 45A. Prevention and education function 15 45B. Minor misconduct function 16 Division 2 -- Minor misconduct Subdivision 1 -- Assessments and opinions 45C. Assessments and opinions as to occurrence of minor misconduct 19 Subdivision 2 -- Allegations 45D. Allegations of minor misconduct 20 45E. Any person may report minor misconduct 21 45F. Public Sector Commissioner may make proposition about minor misconduct 22 45G. Allegation about Commission, Public Sector Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated 23 Subdivision 3 -- Duty to notify 45H. Certain officers obliged to notify minor misconduct 23 45I. Duty to notify under s. 45H is paramount 25 45J. Public Sector Commissioner may issue guidelines about notifications 25 45K. Public Sector Commissioner may report breach of duty to report or notify 26 Subdivision 4 -- Assessments, opinions and investigations 45L. Dealing with allegations 26 45M. Decision on further action on allegation 27 45N. Matters to be considered in deciding who should take action 27 45O. Informant to be notified of decision not to take action 28 45P. Person to whom allegation relates can be advised of outcome of inquiry 29 45Q. Action by Public Sector Commissioner: special inquiry or investigation 29 45R. Referring allegation to independent agency or appropriate authority under s. 45M(c) 30 page ii Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Contents 45S. Referring allegations to Parliamentary Commissioner or Auditor General under s. 45M(c) 31 45T. Referring allegations to Corruption and Crime Commission under s. 45M(d) 32 45U. Public Sector Commissioner may decide to take other action 32 45V. Monitoring of appropriate authorities 33 45W. Review of appropriate authority's handling of minor misconduct 34 Subdivision 5 -- Recommendations 45X. Recommendations by Public Sector Commissioner 34 45Y. Other action for minor misconduct not affected 36 Division 3 -- Reporting 45ZA. Report to Parliament on inquiry or other action 36 45ZB. Report to Parliament on further action by appropriate authority 37 45ZC. Person subject to adverse report: entitlement of 37 45ZD. Annual report under PSMA s. 22D: matters to be included 38 22. Section 91 amended 39 23. Section 119 amended 39 24. Section 166 amended 40 25. Section 175 amended 40 26. Section 217A inserted 40 217A. Findings and opinions of Commission or Public Sector Commissioner 40 27. Section 219 replaced 41 219. Protection from liability 41 28. Section 220 amended 42 29. Section 222 amended 42 30. Part 15 replaced 43 Part 15 -- Transitional matters 228. Transitional provision for Corruption and Crime Commission Amendment (Misconduct) Act 2014 43 31. Various references to "misconduct" amended 43 32. Schedule 2 clause 3 amended 44 Part 3 -- Other Acts amended 33. Freedom of Information Act 1992 amended 45 page iii Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Contents 34. Inspector of Custodial Services Act 2003 amended 45 35. Local Government Act 1995 amended 45 36. Parliamentary Commissioner Act 1971 amended 46 37. Public Sector Management Act 1994 amended 47 38. Terrorism (Preventative Detention) Act 2006 amended 48 39. References in other Acts to "Corruption and Crime Commission Act 2003" amended 50 page iv Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Corruption and Crime Commission Amendment (Misconduct) Bill 2014 A Bill for An Act to amend the Corruption and Crime Commission Act 2003 and to make consequential amendments to various other Acts. The Parliament of Western Australia enacts as follows: page 1 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 1 Preliminary matters s. 1 1 Part 1 -- Preliminary matters 2 1. Short title 3 This is the Corruption and Crime Commission Amendment 4 (Misconduct) Act 2014. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 3 1 Part 2 -- Corruption and Crime Commission Act 2003 2 amended 3 3. Act amended 4 This Part amends the Corruption and Crime Commission 5 Act 2003. 6 4. Long title amended 7 In the long title: 8 (a) in the 1st bullet point delete "Commission; and" and 9 insert: 10 11 Commission with functions with respect to serious 12 misconduct by public officers and organised crime; 13 and 14 15 (b) after the 1st bullet point insert: 16 17 • confer on the Public Sector Commissioner functions 18 with respect to misconduct by public officers; and 19 20 (c) in the 2nd bullet point delete "Commission; and" and 21 insert: 22 23 Commission. 24 25 (d) delete the last bullet point. 26 5. Section 1 amended 27 In section 1 delete "Corruption and Crime Commission 28 Act 2003." and insert: 29 30 Corruption, Crime and Misconduct Act 2003. 31 page 3 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 6 1 6. Section 3 amended 2 (1) In section 3(1) delete the definitions of: 3 allegation 4 investigation 5 serious misconduct 6 (2) In section 3(1) insert in alphabetical order: 7 8 allegation means -- 9 (a) a report made to the Commission under 10 section 25; or 11 (b) a proposition initiated by the Commission 12 under section 26(1); or 13 (c) a matter notified to the Commission under 14 section 28(2); or 15 (d) an allegation referred to the Commission under 16 section 45M(d); or 17 (e) a received matter; or 18 (f) a report made to the Public Sector 19 Commissioner under section 45E(1); or 20 (g) a proposition initiated by the Public Sector 21 Commissioner under section 45F(1); or 22 (h) a matter notified to the Public Sector 23 Commissioner under section 45H(2); 24 employee of the Police Department includes an 25 Aboriginal police liaison officer, a police auxiliary 26 officer and a police cadet under the Police Act 1892; 27 investigation means an investigation by the 28 Commission, whether alone or in cooperation with 29 another body, under Part 3 (including a preliminary 30 investigation conducted under section 32(2)); page 4 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 6 1 minor misconduct means misconduct of a kind 2 described in section 4(d) that is not any of the 3 following -- 4 (a) police misconduct; 5 (b) conduct engaged in by a member of a House of 6 Parliament or the Clerk of a House of 7 Parliament; 8 (c) conduct engaged in by a member of a local 9 government or council of a local government; 10 officer of the Public Sector Commissioner means a 11 public service officer employed in, or seconded to, the 12 office of the Public Sector Commissioner; 13 Police Department means the agency (as defined in the 14 Public Sector Management Act 1994 section 3(1)) 15 principally assisting the Minister responsible for the 16 administration of the Police Act 1892 in the 17 administration of that Act; 18 police misconduct means -- 19 (a) misconduct by -- 20 (i) a member of the Police Force; or 21 (ii) an employee of the Police Department; 22 or 23 (iii) a person seconded to perform functions 24 and services for, or duties in the service 25 of, the Police Department; 26 or 27 (b) reviewable police action; 28 police service means the organisation consisting of -- 29 (a) members of the Police Force; and 30 (b) employees of the Police Department; and page 5 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 7 1 (c) persons seconded to perform functions and 2 services for, or duties in the service of, the 3 Police Department; 4 serious misconduct means -- 5 (a) misconduct of a kind described in section 4(a), 6 (b) or (c) by a public officer; or 7 (b) police misconduct; 8 9 (3) In section 3(1) in the definition of appropriate authority after 10 "does not include" insert: 11 12 the Commission, 13 14 (4) In section 3(1) in the definition of reviewable police action 15 delete "a police officer or an employee of the Police Service of 16 the Public Service," and insert: 17 18 a member of the Police Force, an employee of the Police 19 Department or a person seconded to perform functions and 20 services for, or duties in the service of, the Police Department 21 22 (5) In section 3(2) delete "exclusively by a House of Parliament, 23 unless that House so resolves." and insert: 24 25 by a House of Parliament. 26 27 7. Section 4 amended 28 Delete section 4(d)(v). page 6 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 8 1 8. Section 7B amended 2 Delete section 7B(3) and insert: 3 4 (3) The Act's purpose in relation to misconduct is to be 5 achieved by conferring functions on the Commission 6 and on the Public Sector Commissioner. 7 (4) The Commission is to be able to investigate cases of 8 serious misconduct. 9 (5) The Public Sector Commissioner is to be able to 10 investigate cases of minor misconduct. 11 (6) The Commission and the Public Sector Commissioner 12 are to help public authorities to prevent, and to identify 13 and deal effectively and appropriately with, 14 misconduct. 15 16 9. Section 17 deleted 17 Delete section 17. 18 10. Section 18 amended 19 (1) In section 18(1): 20 (a) delete "(the misconduct function)" and insert: 21 22 (the serious misconduct function) 23 24 (b) delete "misconduct" and insert: 25 26 serious misconduct 27 page 7 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 10 1 (2) After section 18(3) insert: 2 3 (4) As an aspect of the serious misconduct function, the 4 Commission may help public authorities to prevent 5 serious misconduct by doing the following -- 6 (a) analysing the information it gathers in 7 performing the serious misconduct function, 8 including the intelligence gathered in support of 9 investigations into serious misconduct; 10 (b) analysing systems used within public 11 authorities to prevent serious misconduct; 12 (c) providing information to, consulting with, and 13 making recommendations to, public authorities 14 about ways to prevent serious misconduct; 15 (d) generally increasing the capacity of public 16 authorities to prevent serious misconduct by 17 providing advice and training to those 18 authorities and, if asked, to other entities; 19 (e) reporting on ways to prevent and combat 20 serious misconduct. 21 22 (3) In section 18 amend the provisions listed in the Table as set out 23 in the Table. 24 Table Provision Delete Insert s. 18(2) misconduct function serious misconduct (1st occurrence) function s. 18(2)(a), (b), (c) misconduct serious misconduct and (e) (each occurrence) page 8 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 11 Provision Delete Insert s. 18(2)(h) misconduct function serious misconduct function 1 Note: The heading to amended section 18 is to read: 2 Serious misconduct function 3 11. Section 21A amended 4 After section 21A(2) insert: 5 6 (3) This section does not limit the powers of the 7 Commission under section 22 or 24 in relation to police 8 misconduct. 9 10 12. Sections 21AA, 21AB and 21AC inserted 11 At the end of Part 2 Division 2 insert: 12 13 21AA. Prevention and education function: police 14 misconduct 15 (1) It is a function of the Commission (the prevention and 16 education function) to help to prevent police 17 misconduct. 18 (2) Without limiting the ways the Commission may 19 perform the prevention and education function, the 20 Commission performs that function by doing the 21 following -- 22 (a) analysing the information it gathers in 23 performing functions under this Act and any 24 other Act, including the intelligence gathered in 25 support of its police misconduct and organised 26 crime functions; page 9 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 12 1 (b) analysing systems used within the Police 2 Department to prevent police misconduct; 3 (c) using information it gathers from any source in 4 support of the prevention and education 5 function; 6 (d) providing information to, consulting with, and 7 making recommendations to, the Police 8 Department; 9 (e) providing information relevant to the 10 prevention and education function to members 11 of the police service and to the general 12 community; 13 (f) ensuring that in performing all of its functions 14 it has regard to the prevention and education 15 function; 16 (g) generally increasing the capacity of the Police 17 Department to prevent and combat police 18 misconduct by providing advice and training to 19 the Police Department; 20 (h) reporting on ways to prevent and combat police 21 misconduct. 22 (3) In performing the prevention and education function, 23 the Commission may consult, cooperate, and exchange 24 information, with the Public Sector Commissioner. 25 21AB. Capacity development function: public authorities 26 (1) If, in the course of performing its other functions, the 27 Commission identifies a special need to increase the 28 capacity of public authorities generally, or the capacity 29 of a particular public authority, to prevent or combat 30 misconduct, the Commission has the function (the 31 capacity development function) of assisting, in 32 cooperation with the Public Sector Commissioner, page 10 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 12 1 those public authorities or that public authority to 2 increase that capacity. 3 (2) Without limiting the ways the Commission may 4 perform the capacity development function, the 5 Commission performs that function by doing the 6 following -- 7 (a) analysing intelligence it gathers in support of its 8 serious misconduct and organised crime 9 functions; 10 (b) using information it gathers from any source in 11 support of the capacity development function. 12 (3) In performing the capacity development function, the 13 Commission may consult, cooperate, and exchange 14 information, with the Public Sector Commissioner. 15 (4) This section does not limit the obligation of the 16 Commission under section 45A(4) to support the 17 Public Sector Commissioner. 18 21AC. Information about allegations received or initiated 19 by Public Sector Commissioner 20 For the purpose of assisting the Commission in 21 performing the serious misconduct function and the 22 capacity development function, the Public Sector 23 Commissioner will, if requested by the Commission to 24 do so, provide the Commission with details about any 25 allegation, or class of allegations, of minor misconduct 26 received or initiated by the Public Sector 27 Commissioner under section 45D(1). 28 page 11 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 13 1 13. Part 3 heading replaced 2 Delete the heading to Part 3 and insert: 3 4 Part 3 -- Serious misconduct: role of 5 Commission 6 7 14. Section 23 deleted 8 Delete section 23. 9 15. Sections 27A and 27B deleted 10 Delete sections 27A and 27B. 11 16. Section 32 amended 12 Delete section 32(3) and insert: 13 14 (3) The Commission may consult about an allegation or 15 other matter relating to serious misconduct the persons 16 and bodies that the Commission considers desirable 17 and practicable to consult. 18 19 17. Section 34 amended 20 (1) In section 34(1) delete the passage that begins with "regard, 21 when" and ends with "misconduct --" and insert: 22 23 regard when deciding whether or not to make a decision under 24 section 33(1)(a) or (b), the Commission is to have regard to the 25 nature of the serious misconduct that -- 26 page 12 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 18 1 (2) In section 34(2): 2 (a) delete the passage that begins with "When" and ends 3 with "include" and insert: 4 5 Without limiting the matters to which the Commission 6 may have regard when deciding whether or not to make 7 a decision under section 33(1)(c), the Commission is to 8 have regard to 9 10 (b) in paragraph (b) delete "whether, in the opinion of the 11 Commission, serious misconduct --" and insert: 12 13 the nature of the serious misconduct that -- 14 15 18. Section 37 amended 16 In section 37(1) after "decides" insert: 17 18 under section 33(1)(c) 19 20 19. Section 38 amended 21 In section 38(1) after "Auditor General" (1st occurrence) insert: 22 23 under section 33(1)(c) 24 25 20. Section 42 amended 26 (1) In section 42(2): 27 (a) after "direct" insert: 28 29 the Public Sector Commissioner or 30 page 13 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 20 1 (b) in paragraph (b) before "an officer" insert: 2 3 an officer of the Public Sector Commissioner or 4 5 (2) Delete section 42(3) and insert: 6 7 (3) The Public Sector Commissioner or appropriate 8 authority must comply with the direction. 9 10 (3) In section 42(4) after "absolves" insert: 11 12 the Public Sector Commissioner and his or her officers or 13 14 (4) Delete section 42(5). 15 (5) In section 42(6) before "appropriate authority." insert: 16 17 Public Sector Commissioner or 18 19 (6) In section 42(7): 20 (a) before "appropriate authority" (each occurrence) insert: 21 22 Public Sector Commissioner or 23 24 (b) delete "direction given to it under subsection (2)." and 25 insert: 26 27 direction. 28 29 Note: The heading to amended section 42 is to read: 30 Commission may direct Public Sector Commissioner or 31 appropriate authority not to take action page 14 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 21. Part 4A inserted 2 After section 44 insert: 3 4 Part 4A -- Misconduct: role of Public Sector 5 Commissioner 6 Division 1 -- Functions in relation to misconduct 7 45A. Prevention and education function 8 (1) It is a function of the Public Sector Commissioner (the 9 prevention and education function) to help to prevent 10 misconduct. 11 (2) Without limiting the ways the Public Sector 12 Commissioner may perform the prevention and 13 education function, the Public Sector Commissioner 14 performs that function by doing the following -- 15 (a) analysing the information the Public Sector 16 Commissioner gathers in performing functions 17 under this Act and any other Act, including the 18 information gathered in support of inquiries 19 conducted under Division 2; 20 (b) analysing systems used within public 21 authorities to prevent misconduct; 22 (c) providing information to, consulting with, and 23 making recommendations to, public authorities; 24 (d) providing information relevant to the 25 prevention and education function to the 26 general community; 27 (e) ensuring that, in performing functions under 28 this Act and any other Act, the Public Sector 29 Commissioner has regard to the prevention and 30 education function; page 15 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 (f) generally increasing the capacity of public 2 authorities to prevent and combat misconduct 3 by providing advice and training to those 4 authorities and, if asked, to other entities; 5 (g) reporting on ways to prevent and combat 6 misconduct. 7 (3) In performing the prevention and education function, 8 the Public Sector Commissioner may consult, 9 cooperate, and exchange information, with the 10 Commission. 11 (4) In performing the prevention and education function, 12 the Public Sector Commissioner is to be supported by 13 the Commission, other independent agencies and 14 appropriate authorities. 15 45B. Minor misconduct function 16 (1) It is a function of the Public Sector Commissioner (the 17 minor misconduct function) to ensure that an 18 allegation about, or information or matter involving, 19 minor misconduct is dealt with in an appropriate way. 20 (2) Without limiting the ways the Public Sector 21 Commissioner may perform the minor misconduct 22 function or any other function under this Act or any 23 other Act, the Public Sector Commissioner performs 24 the minor misconduct function by doing the 25 following -- 26 (a) receiving and initiating allegations of minor 27 misconduct; 28 (b) considering whether action is needed in relation 29 to allegations and matters related to minor 30 misconduct; 31 (c) inquiring into or taking other action in relation 32 to allegations and matters related to minor 33 misconduct if it is appropriate to do so, or page 16 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 referring the allegations or matters to other 2 independent agencies or appropriate authorities 3 so that they can take action themselves or in 4 cooperation with the Public Sector 5 Commissioner; 6 (d) monitoring the way in which other independent 7 agencies and appropriate authorities take action 8 in relation to allegations and matters that are 9 referred to them by the Public Sector 10 Commissioner; 11 (e) whether or not there has been an allegation of 12 minor misconduct, inquiring into whether 13 minor misconduct -- 14 (i) has or may have occurred; or 15 (ii) is or may be occurring; or 16 (iii) is or may be about to occur; or 17 (iv) is likely to occur; 18 (f) making recommendations and furnishing 19 reports on the outcome of inquiries; 20 (g) consulting, cooperating, and exchanging 21 information, with the following -- 22 (i) the Commission; 23 (ii) other independent agencies; 24 (iii) appropriate authorities; 25 (iv) the principal officers of notifying 26 authorities; 27 (v) any person or body whose functions 28 under a law of the Commonwealth, 29 another State or a Territory correspond 30 with those of the Public Sector 31 Commissioner under this Part or under 32 the Public Sector Management 33 Act 1994; page 17 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 (vi) any person, or any authority or body of 2 this State, the Commonwealth, another 3 State or a Territory, declared by the 4 Minister to be a person, authority or 5 body to which this paragraph applies; 6 (h) giving information to another independent 7 agency or other authority that may provide 8 evidence of the commission of a criminal 9 offence under a written law or may otherwise 10 be relevant to the functions of the agency or 11 other authority. 12 (3) When the Public Sector Commissioner is deciding 13 whether further action for the purposes of this Act in 14 relation to an allegation is warranted, the matters to 15 which the Public Sector Commissioner may have 16 regard include the following -- 17 (a) the seriousness of the conduct or involvement 18 to which the allegation relates; 19 (b) whether or not the allegation is frivolous or 20 vexatious or is made in good faith; 21 (c) whether or not the conduct or involvement to 22 which the allegation relates is or has been the 23 subject of appropriate investigatory or other 24 action otherwise than for the purposes of this 25 Act; 26 (d) whether or not, in all the circumstances, the 27 carrying out of further action for the purposes 28 of this Act in relation to the allegation is 29 justified or is in the public interest. page 18 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 Division 2 -- Minor misconduct 2 Subdivision 1 -- Assessments and opinions 3 45C. Assessments and opinions as to occurrence of minor 4 misconduct 5 (1) Whether or not there has been an allegation of minor 6 misconduct, the Public Sector Commissioner may 7 make assessments and form opinions as to whether 8 minor misconduct -- 9 (a) has or may have occurred; or 10 (b) is or may be occurring; or 11 (c) is or may be about to occur; or 12 (d) is likely to occur. 13 (2) The Public Sector Commissioner may make the 14 assessments and form the opinions on the basis of all or 15 any of the following -- 16 (a) consultations with the Commission, another 17 independent agency or an appropriate authority; 18 (b) inquiries and other action, whether conducted 19 or taken in cooperation with the Commission, 20 another independent agency or an appropriate 21 authority or otherwise; 22 (c) inquiries or other action conducted or taken by 23 the Commission, another independent agency 24 or an appropriate authority. 25 (3) If the Public Sector Commissioner makes an 26 assessment or forms an opinion under subsection (1) 27 concerning minor misconduct, the Public Sector 28 Commissioner may -- 29 (a) conduct a review in respect of part or all of the 30 functions, management or operations of one or 31 more notifying authorities in connection with 32 the minor misconduct; or page 19 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 (b) advise the Commission, another independent 2 agency or an appropriate authority of the 3 assessment or opinion and provide the 4 Commission, agency or authority with the 5 information on which the assessment or opinion 6 is based. 7 (4) For the purpose of subsection (3)(a), the Public Sector 8 Management Act 1994 Part 3A Division 3 9 Subdivision 1 (except sections 24B(2) to (5) and 24G) 10 applies (with the necessary changes) as if -- 11 (a) a reference to a review were a reference to a 12 review under subsection (3)(a); and 13 (b) a reference to a public sector body, or to the 14 employing authority of a public sector body, 15 were a reference to a notifying authority; and 16 (c) a reference to an employee were a reference to 17 a public officer. 18 Subdivision 2 -- Allegations 19 45D. Allegations of minor misconduct 20 (1) Subject to section 45G, the Public Sector 21 Commissioner -- 22 (a) is to receive allegations of minor misconduct by 23 way of -- 24 (i) reports under section 45E(1); and 25 (ii) matters notified under section 45H(2); 26 and 27 (b) may initiate allegations of minor misconduct by 28 way of propositions under section 45F(1). 29 (2) Before assessing an allegation received by the Public 30 Sector Commissioner, the Public Sector Commissioner 31 may seek further information about the allegation from 32 the person making the allegation in such form as the 33 Public Sector Commissioner thinks fit. page 20 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 45E. Any person may report minor misconduct 2 (1) A public officer or any other person may report to the 3 Public Sector Commissioner any matter which that 4 person suspects on reasonable grounds concerns or 5 may concern minor misconduct that -- 6 (a) has or may have occurred; or 7 (b) is or may be occurring; or 8 (c) is or may be about to occur; or 9 (d) is likely to occur. 10 (2) A report may be made to the Public Sector 11 Commissioner orally or in writing. 12 (3) This section has effect despite -- 13 (a) the provisions of any other Act, whether 14 enacted before or after this Act; and 15 (b) any obligation the person has to maintain 16 confidentiality about a matter to which the 17 allegation relates. 18 (4) A person who exercises the power conferred by 19 subsection (1) does not commit an offence by reason of 20 that exercise. 21 (5) A person who makes a report under this section and 22 who does so -- 23 (a) knowing that the content of the report is false or 24 misleading in a material respect; or 25 (b) maliciously or recklessly, 26 is guilty of a crime. 27 Penalty: a fine of $60 000 and imprisonment for 28 3 years. 29 Summary conviction penalty: a fine of $10 000. page 21 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 (6) A charge cannot be brought against a person under 2 subsection (5) other than by the Director of Public 3 Prosecutions. 4 (7) A publication by -- 5 (a) a complainant; or 6 (b) a person who has relied upon information 7 derived from a complainant; or 8 (c) a person who has no reliable source of 9 knowledge (which is to be presumed in the 10 absence of proof to the contrary), 11 that an allegation has been made about a person to the 12 Public Sector Commissioner carries with it an 13 inference that there were reasonable grounds for 14 making the complaint. 15 45F. Public Sector Commissioner may make proposition 16 about minor misconduct 17 (1) The Public Sector Commissioner may make a 18 proposition that minor misconduct -- 19 (a) has or may have occurred; or 20 (b) is or may be occurring; or 21 (c) is or may be about to occur; or 22 (d) is likely to occur. 23 (2) A proposition under subsection (1) may be based on 24 the Public Sector Commissioner's own experience and 25 knowledge and made independently of any allegation 26 referred to in section 45E(1). page 22 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 45G. Allegation about Commission, Public Sector 2 Commissioner, Parliamentary Inspector or judicial 3 officer not to be received or initiated 4 The Public Sector Commissioner must not receive or 5 initiate an allegation about a person in the person's 6 capacity as any of the following -- 7 (a) the holder of the office of Commissioner, 8 whether the person is appointed under section 9 9 or 14; 10 (b) an officer of the Commission; 11 (c) the Public Sector Commissioner; 12 (d) the Parliamentary Inspector; 13 (e) an officer of the Parliamentary Inspector; 14 (f) the holder of a judicial office as defined in The 15 Criminal Code section 121. 16 Subdivision 3 -- Duty to notify 17 45H. Certain officers obliged to notify minor misconduct 18 (1) This section applies to the following persons -- 19 (a) the Parliamentary Commissioner; 20 (b) the Inspector of Custodial Services; 21 (c) the principal officer of a notifying authority; 22 (d) an officer who constitutes a notifying authority. 23 (2) Subject to subsections (4) and (5), a person to whom 24 this section applies must notify the Public Sector 25 Commissioner in writing of any matter -- 26 (a) which that person suspects on reasonable 27 grounds concerns or may concern minor 28 misconduct; and 29 (b) which, in the case of a person referred to in 30 subsection (1)(c) or (d), is of relevance or 31 concern to that person in his or her official 32 capacity. page 23 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 (3) The Public Sector Commissioner must be notified 2 under subsection (2) as soon as is reasonably 3 practicable after the person becomes aware of the 4 matter. 5 (4) A person to whom this section applies is not required 6 to notify the Public Sector Commissioner of -- 7 (a) a matter that -- 8 (i) is being dealt with by that person, or the 9 notifying authority of which that person 10 is the principal officer, under 11 section 45M(b); or 12 (ii) is referred to that person, or the 13 notifying authority of which that person 14 is the principal officer, by the Public 15 Sector Commissioner under 16 section 45M(c); 17 or 18 (b) a matter that -- 19 (i) is referred to that person, or a notifying 20 authority of which that person is the 21 principal officer, by the Parliamentary 22 Inspector under section 196(3)(f); and 23 (ii) relates to conduct by the holder of the 24 office of Commissioner, whether the 25 person is appointed under section 9 or 26 14, or by an officer of the Commission 27 or an officer of the Parliamentary 28 Inspector. 29 (5) The Director of Public Prosecutions is not required to 30 notify the Public Sector Commissioner of a matter if 31 the matter does not relate to conduct by -- 32 (a) the Deputy Director as defined in the Director 33 of Public Prosecutions Act 1991 section 3; or page 24 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 (b) a member of staff appointed or made available 2 for the performance of the functions of the 3 Director of Public Prosecutions under the 4 Director of Public Prosecutions Act 1991 5 section 30. 6 45I. Duty to notify under s. 45H is paramount 7 (1) The duty of a person to make a notification under 8 section 45H must be complied with despite -- 9 (a) the provisions of any other Act, whether 10 enacted before or after this Act; or 11 (b) any obligation the person has to maintain 12 confidentiality about a matter to which the 13 allegation relates, 14 and the person does not commit an offence by reason 15 of that compliance. 16 (2) Subsection (1) does not affect an obligation under 17 another written law to notify minor misconduct. 18 45J. Public Sector Commissioner may issue guidelines 19 about notifications 20 (1) The Public Sector Commissioner may issue guidelines 21 about -- 22 (a) what matters are or are not required to be 23 notified to the Public Sector Commissioner 24 under section 45H; and 25 (b) what reports are required with respect to such 26 matters. 27 (2) If the Public Sector Commissioner issues guidelines to 28 the effect that a matter is not required to be notified 29 under section 45H but is required to be reported on in 30 accordance with the guidelines, a person to whom the 31 guidelines apply is not required to notify the Public page 25 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 Sector Commissioner of the matter under section 45H 2 but is required to report on the matter in accordance 3 with the guidelines. 4 (3) The Public Sector Commissioner may deal with a 5 matter reported on under subsection (2) as if it were a 6 matter notified under section 45H. 7 45K. Public Sector Commissioner may report breach of 8 duty to report or notify 9 If a person to whom section 45H or 45J applies does 10 not comply with the duty to make a notification or 11 report under that section, the Public Sector 12 Commissioner may report that non-compliance -- 13 (a) in the case of the principal officer referred to in 14 paragraph (c) of the definition of principal 15 officer of a notifying authority -- to the CEO 16 as defined in the Court Security and Custodial 17 Services Act 1999 section 3 or the chief 18 executive officer as defined in the Prisons 19 Act 1981 section 3(1), as is relevant to the case; 20 and 21 (b) in any other case -- to a person or body that 22 has the power to take disciplinary action against 23 the person to whom section 45H or 45J applies. 24 Subdivision 4 -- Assessments, opinions and investigations 25 45L. Dealing with allegations 26 (1) The Public Sector Commissioner is to deal with an 27 allegation by -- 28 (a) assessing the allegation and forming an opinion 29 under section 45C; and 30 (b) making a decision under section 45M that the 31 Public Sector Commissioner considers 32 appropriate in the circumstances. page 26 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 (2) For the purposes of subsection (1), the Public Sector 2 Commissioner may conduct a preliminary inquiry into 3 the allegation. 4 (3) The Public Sector Commissioner may consult about an 5 allegation or other matter relating to minor misconduct 6 the persons and bodies that the Public Sector 7 Commissioner considers desirable and practicable to 8 consult. 9 45M. Decision on further action on allegation 10 Having made an assessment of an allegation, the Public 11 Sector Commissioner may decide to do any of the 12 following -- 13 (a) inquire into or take other action in relation to 14 the allegation without the involvement of the 15 Commission, another independent agency or an 16 appropriate authority; 17 (b) inquire into or take other action in relation to 18 the allegation in cooperation with the 19 Commission, another independent agency or an 20 appropriate authority; 21 (c) refer the allegation to another independent 22 agency or an appropriate authority for action in 23 accordance with sections 45R(1) and 45S(1), 24 and those sections apply accordingly; 25 (d) refer the allegation to the Commission in 26 accordance with section 45T(1), and that 27 section applies accordingly; 28 (e) take no action. 29 45N. Matters to be considered in deciding who should 30 take action 31 (1) Without limiting the matters to which the Public Sector 32 Commissioner may have regard when deciding page 27 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 whether or not to make a decision under 2 section 45M(a) or (b), the Public Sector Commissioner 3 is to have regard to the nature of the minor misconduct 4 that -- 5 (a) has or may have occurred; or 6 (b) is or may be occurring; or 7 (c) is or may be about to occur; or 8 (d) is likely to occur. 9 (2) Without limiting the matters to which the Public Sector 10 Commissioner may have regard when deciding 11 whether or not to make a decision under 12 section 45M(c), the Public Sector Commissioner is to 13 have regard to the following -- 14 (a) the seniority of any public officer to whom the 15 allegation relates; 16 (b) the nature of the minor misconduct that -- 17 (i) has or may have occurred; or 18 (ii) is or may be occurring; or 19 (iii) is or may be about to occur; or 20 (iv) is likely to occur; 21 (c) the need for any inquiry into the allegation to 22 be conducted independently of a public 23 authority with which any public officer to 24 whom the allegation relates is connected by 25 membership or employment or in any other 26 respect. 27 45O. Informant to be notified of decision not to take 28 action 29 If -- 30 (a) a person makes an allegation under 31 section 45E(1) or 45H(2); or page 28 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 (b) a complaint under the Parliamentary 2 Commissioner Act 1971 is referred to the Public 3 Sector Commissioner, 4 and the Public Sector Commissioner decides to take no 5 action, the Public Sector Commissioner must notify the 6 person who made the allegation or complaint of the 7 decision. 8 45P. Person to whom allegation relates can be advised of 9 outcome of inquiry 10 The Public Sector Commissioner may inform a person 11 to whom an allegation relates as to the outcome of any 12 inquiry conducted by the Public Sector Commissioner 13 or an appropriate authority in relation to the allegation 14 if -- 15 (a) the person requests the information; or 16 (b) the Public Sector Commissioner considers that 17 giving the information to the person is in the 18 person's best interests, 19 and the Public Sector Commissioner considers that 20 giving the information to the person is in the public 21 interest. 22 45Q. Action by Public Sector Commissioner: special 23 inquiry or investigation 24 (1) If the Public Sector Commissioner decides to take 25 action under section 45M(a) in relation to an allegation, 26 the Public Sector Commissioner may -- 27 (a) arrange for the holding of a special inquiry into 28 the allegation; or 29 (b) investigate the allegation. 30 (2) For the purposes of subsection (1), the Public Sector 31 Management Act 1994 Part 3A Division 3 page 29 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 Subdivisions 2 and 3 (except sections 24H(2) to (6) and 2 24K(2)) apply (with the necessary changes) as if -- 3 (a) a reference to a special inquiry or investigation 4 were a reference to a special inquiry or 5 investigation under subsection (1); and 6 (b) a reference to a public sector body were a 7 reference to a notifying authority. 8 (3) This section does not limit the action that the Public 9 Sector Commissioner may take under section 45M(a). 10 45R. Referring allegation to independent agency or 11 appropriate authority under s. 45M(c) 12 (1) If the Public Sector Commissioner decides under 13 section 45M(c) to refer an allegation to another 14 independent agency or an appropriate authority, the 15 Public Sector Commissioner is to refer the allegation as 16 soon as is practicable after making that decision. 17 (2) The allegation may be accompanied by a report, which 18 may include -- 19 (a) a recommendation under section 45X; and 20 (b) such other recommendations as the Public 21 Sector Commissioner thinks fit in respect of the 22 action to be taken; and 23 (c) such information as the Public Sector 24 Commissioner considers would assist the 25 agency or authority to take the action. 26 (3) If the allegation is referred to an appropriate authority, 27 the report may also include a recommendation as to the 28 period within which the action should be taken. page 30 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 45S. Referring allegations to Parliamentary 2 Commissioner or Auditor General under s. 45M(c) 3 (1) The Public Sector Commissioner is not to refer an 4 allegation to the Parliamentary Commissioner or the 5 Auditor General under section 45M(c) without having 6 first consulted the Parliamentary Commissioner or the 7 Auditor General. 8 (2) If an allegation is referred to the Parliamentary 9 Commissioner, the allegation is to be treated by the 10 Parliamentary Commissioner as if it were a complaint 11 duly made under the Parliamentary Commissioner 12 Act 1971 section 17 and that Act applies to and in 13 relation to the allegation accordingly. 14 (3) If an allegation is referred to the Auditor General, the 15 Auditor General may investigate the allegation and the 16 Auditor General Act 2006 applies to the investigation 17 as if it were an investigation under section 18(2) of that 18 Act. 19 (4) The Auditor General Act 2006 does not prevent the 20 Auditor General or any person to whom section 46(2) 21 of that Act applies from disclosing to -- 22 (a) the Public Sector Commissioner; or 23 (b) a person who is authorised by the Public Sector 24 Commissioner for the purposes of this 25 paragraph, 26 information obtained in the course of an investigation 27 under subsection (3). page 31 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 45T. Referring allegations to Corruption and Crime 2 Commission under s. 45M(d) 3 (1) The Public Sector Commissioner may refer an 4 allegation to the Commission under section 45M(d) if 5 the Public Sector Commissioner considers -- 6 (a) that serious misconduct -- 7 (i) has or may have occurred; or 8 (ii) is or may be occurring; or 9 (iii) is or may be about to occur; or 10 (iv) is likely to occur; 11 or 12 (b) that it is otherwise appropriate to refer the 13 allegation. 14 (2) The Commission may deal with an allegation referred 15 under section 45M(d) as if it were a matter notified 16 under section 28(2). 17 (3) This section does not affect the obligation of the Public 18 Sector Commissioner under section 28(2) to notify the 19 Commission of suspected serious misconduct of 20 relevance or concern to the Public Sector 21 Commissioner in his or her official capacity. 22 45U. Public Sector Commissioner may decide to take 23 other action 24 (1) Despite having made a decision to act under 25 section 45M(a), (b) or (c), the Public Sector 26 Commissioner may at any time decide to act under 27 another of those paragraphs. 28 (2) The Public Sector Commissioner may make the 29 decision whether or not he or she has acted under the 30 first-mentioned decision. page 32 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 (3) The Public Sector Commissioner is not to reconsider 2 action taken in respect of a matter reported under 3 section 45J(2) except on new information. 4 (4) If, as a result of the first-mentioned decision, an 5 allegation was referred to the Parliamentary 6 Commissioner, subsection (1) does not apply unless the 7 action to be taken by the Public Sector Commissioner 8 has been requested or agreed to by the Parliamentary 9 Commissioner. 10 45V. Monitoring of appropriate authorities 11 (1) If -- 12 (a) an appropriate authority takes action in relation 13 to an allegation in cooperation with the Public 14 Sector Commissioner; or 15 (b) an allegation is referred to an appropriate 16 authority by the Public Sector Commissioner, 17 unless the Public Sector Commissioner advises the 18 appropriate authority in writing to the contrary, the 19 appropriate authority must prepare a detailed report of 20 the action the appropriate authority has taken in 21 relation to the allegation. 22 (2) The report must be given to the Public Sector 23 Commissioner in writing as soon as practicable after 24 the action is taken. 25 (3) The Public Sector Commissioner may, by written 26 notice, direct the appropriate authority to give the 27 Public Sector Commissioner a detailed report on -- 28 (a) action the appropriate authority has taken in 29 relation to the allegation; and 30 (b) if action recommended by the Public Sector 31 Commissioner under section 45R(2)(a) or (b) 32 has not been taken, or any action has not been page 33 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 taken within the time recommended under 2 section 45R(3) -- the reasons for not so taking 3 the action. 4 (4) The appropriate authority must comply with a direction 5 given to it under subsection (3). 6 (5) A report referred to in this section must include details 7 of any disciplinary action taken as a consequence of the 8 recommendations. 9 45W. Review of appropriate authority's handling of 10 minor misconduct 11 (1) The Public Sector Commissioner may review the way 12 an appropriate authority has dealt with minor 13 misconduct, in relation to either a particular allegation, 14 complaint, information or matter involving minor 15 misconduct or in relation to a class of allegation, 16 complaint, information or matter involving minor 17 misconduct. 18 (2) The appropriate authority must give the Public Sector 19 Commissioner all necessary help to undertake a review 20 under subsection (1). 21 Subdivision 5 -- Recommendations 22 45X. Recommendations by Public Sector Commissioner 23 (1) The Public Sector Commissioner may -- 24 (a) make recommendations as to whether 25 consideration should or should not be given to 26 the taking of disciplinary action against 27 particular persons; and 28 (b) make recommendations for the taking of other 29 action that the Public Sector Commissioner 30 considers should be taken in relation to the page 34 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 subject matter of his or her assessments or 2 opinions or the results of his or her inquiries. 3 (2) The Public Sector Commissioner may make the 4 recommendations on the basis of -- 5 (a) his or her assessments, consultations and 6 opinions; and 7 (b) inquiries and other action, whether conducted 8 or taken in cooperation with the Commission, 9 another independent agency or an appropriate 10 authority or otherwise; and 11 (c) inquiries or other action conducted or taken by 12 the Commission, another independent agency 13 or an appropriate authority. 14 (3) Without limiting subsection (1), the Public Sector 15 Commissioner may -- 16 (a) recommend that further inquiry or investigation 17 into any matter be carried out -- 18 (i) by an Inquiry Panel appointed under the 19 Local Government Act 1995; or 20 (ii) in such other manner as the 21 Commissioner may recommend; 22 and 23 (b) recommend the terms of reference of any such 24 inquiry or investigation. 25 (4) The Public Sector Commissioner may give the 26 recommendations to another independent agency or an 27 appropriate authority. 28 (5) A recommendation made by the Public Sector 29 Commissioner under this section is not, and is not to be 30 taken as, a finding that a particular person has engaged 31 in conduct that constitutes or provides grounds on 32 which that person's tenure of office, contract of page 35 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 employment, or agreement for the provision of services 2 is or may be terminated. 3 45Y. Other action for minor misconduct not affected 4 This Part does not limit the action that may lawfully be 5 taken to discipline or otherwise deal with a person for 6 minor misconduct. 7 Division 3 -- Reporting 8 45ZA. Report to Parliament on inquiry or other action 9 (1) The Public Sector Commissioner may at any time 10 prepare a report on any matter that has been the subject 11 of an inquiry or other action in respect of minor 12 misconduct, irrespective of whether the inquiry was 13 conducted or other action was taken by -- 14 (a) the Public Sector Commissioner alone; or 15 (b) the Public Sector Commissioner in cooperation 16 with the Commission, another independent 17 agency or an appropriate authority; or 18 (c) an appropriate authority alone. 19 (2) The Public Sector Commissioner may include in the 20 report -- 21 (a) statements as to any of the Public Sector 22 Commissioner's assessments, opinions and 23 recommendations; and 24 (b) statements as to any of the Public Sector 25 Commissioner's reasons for the assessments, 26 opinions and recommendations. 27 (3) The Public Sector Management Act 1994 section 22F 28 applies in relation to a report prepared under this 29 section as if it were a report prepared under 30 section 22E of that Act. page 36 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 21 1 45ZB. Report to Parliament on further action by 2 appropriate authority 3 (1) After considering a report given to the Public Sector 4 Commissioner by an appropriate authority under 5 section 45V(2) or (4), the Public Sector Commissioner 6 may prepare a report on the report of the authority. 7 (2) During or after the taking of action by an appropriate 8 authority in respect of an allegation referred to the 9 authority under section 45R(1), the Public Sector 10 Commissioner may prepare a report if the Public 11 Sector Commissioner considers that the action is not 12 being, or has not been, taken properly, efficiently or 13 expeditiously. 14 (3) The Public Sector Commissioner may include in a 15 report prepared under this section -- 16 (a) statements as to any of the Public Sector 17 Commissioner's assessments, opinions and 18 recommendations; and 19 (b) statements as to any of the Public Sector 20 Commissioner's reasons for the assessments, 21 opinions and recommendations. 22 (4) The Public Sector Management Act 1994 section 22F 23 applies in relation to a report prepared under this 24 section as if it were a report prepared under 25 section 22E of that Act. 26 45ZC. Person subject to adverse report: entitlement of 27 Before reporting any matters adverse to a person or 28 body in a report under section 45ZA or 45ZB, the 29 Public Sector Commissioner must give the person or 30 body a reasonable opportunity to make representations 31 to the Public Sector Commissioner concerning those 32 matters. page 37 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 21 1 45ZD. Annual report under PSMA s. 22D: matters to be 2 included 3 (1) The Public Sector Commissioner must include in the 4 report prepared under the Public Sector Management 5 Act 1994 section 22D in respect of any year a report of 6 the Public Sector Commissioner's general activities 7 under this Part during that year. 8 (2) The report is to include the following -- 9 (a) a description of the types of allegations 10 received or initiated by the Public Sector 11 Commissioner; 12 (b) a description of the types of inquiries conducted 13 by the Public Sector Commissioner, whether 14 alone or in cooperation with another person or 15 body; 16 (c) an evaluation of the response of appropriate 17 authorities to recommendations made by the 18 Public Sector Commissioner; 19 (d) a description of the general nature and extent of 20 any information furnished under this Part by the 21 Public Sector Commissioner to other 22 independent agencies; 23 (e) a description of the general nature and extent of 24 referrals to the Commission under 25 section 45M(d); 26 (f) a description of the extent to which inquiries 27 conducted by the Public Sector Commissioner, 28 whether alone or in cooperation with another 29 person or body, have resulted in disciplinary 30 action against public officers; 31 (g) a description of the Public Sector 32 Commissioner's activities during that year in 33 relation to the prevention and education 34 function; page 38 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 22 1 (h) any recommendations for changes in the laws 2 of the State that the Public Sector 3 Commissioner considers should be made as a 4 result of the performance of functions under 5 this Part. 6 (3) This section does not require the Public Sector 7 Commissioner to include operational information in a 8 report prepared under subsection (1). 9 10 22. Section 91 amended 11 In section 91(2): 12 (a) in paragraph (d) delete "the general nature" and insert: 13 14 a description of the general nature 15 16 (b) in paragraph (d) delete "authorities; and" and insert: 17 18 agencies; and 19 20 (c) in paragraph (e) delete "the extent" and insert: 21 22 a description of the extent 23 24 23. Section 119 amended 25 In section 119 in the definition of controlled operation 26 paragraph (a) delete "of misconduct; and" and insert: 27 28 for the purposes of an investigation; and 29 page 39 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 24 1 24. Section 166 amended 2 In section 166 delete "the Commission," and insert: 3 4 the Commission or the Public Sector Commissioner, 5 6 25. Section 175 amended 7 In section 175 delete "the Commission or Parliamentary 8 Inspector in the performance of its, his or her functions." and 9 insert: 10 11 the Commission, the Public Sector Commissioner or the 12 Parliamentary Inspector in the performance of functions under 13 this Act. 14 15 26. Section 217A inserted 16 At the beginning of Part 14 insert: 17 18 217A. Findings and opinions of Commission or Public 19 Sector Commissioner 20 (1) This section applies in relation to a finding made, or an 21 opinion formed or expressed, by the Commission or the 22 Public Sector Commissioner in the course of 23 performing a function under this Act. 24 (2) The Commission or the Public Sector Commissioner 25 must not publish or report a finding or opinion that a 26 particular person is guilty of or has committed, is 27 committing or is about to commit a criminal offence or 28 disciplinary offence. 29 (3) A finding or opinion that misconduct has occurred, is 30 occurring or is about to occur is not, and is not to be page 40 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 27 1 taken as, a finding or opinion that a particular person is 2 guilty of or has committed, is committing or is about to 3 commit a criminal offence or disciplinary offence. 4 5 27. Section 219 replaced 6 Delete section 219 and insert: 7 8 219. Protection from liability 9 (1) In this section -- 10 official means -- 11 (a) the Commission; or 12 (b) any person acting on behalf of, or with the 13 authority of, the Commission; or 14 (c) the Public Sector Commissioner; or 15 (d) any person acting on behalf of, or with the 16 authority of, the Public Sector Commissioner; 17 or 18 (e) the Parliamentary Inspector; or 19 (f) any person acting on behalf of, or with the 20 authority of, the Parliamentary Inspector. 21 (2) No action or claim for damages lies against an official 22 for or on account of anything done or omitted, or 23 ordered or authorised to be done or omitted -- 24 (a) under, or apparently under, this Act; or 25 (b) for the purpose, or apparently for the purpose, 26 of giving effect to this Act. 27 (3) Subsection (2) does not apply if it is proved that the 28 thing was done or omitted, or ordered or authorised to 29 be done or omitted, maliciously and without reasonable 30 and probable cause. 31 page 41 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 28 1 28. Section 220 amended 2 (1) In section 220(2) delete "Commission" (each occurrence) and 3 insert: 4 5 Commission, the Public Sector Commissioner 6 7 (2) In section 220(3)(a) after "Commission" insert: 8 9 or the Public Sector Commissioner 10 11 (3) In section 220(4): 12 (a) after "Commission" (1st occurrence) insert: 13 14 or the Public Sector Commissioner 15 16 (b) delete "Commission," and insert: 17 18 Commission or the Public Sector Commissioner, 19 20 29. Section 222 amended 21 In section 222 delete "Commission" and insert: 22 23 Commission, the Public Sector Commissioner 24 page 42 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Corruption and Crime Commission Act 2003 amended Part 2 s. 30 1 30. Part 15 replaced 2 Delete Part 15 and insert: 3 4 Part 15 -- Transitional matters 5 228. Transitional provision for Corruption and Crime 6 Commission Amendment (Misconduct) Act 2014 7 An allegation of misconduct that was received or 8 initiated by the Commission before the day on which 9 the Corruption and Crime Commission Amendment 10 (Misconduct) Act 2014 Part 2 comes into operation 11 must continue to be dealt with under this Act as if that 12 Part had not been enacted. 13 14 31. Various references to "misconduct" amended 15 In the provisions listed in the Table delete "misconduct" (each 16 occurrence) and insert: 17 18 serious misconduct 19 20 Table s. 22(1) s. 24(1)(a) and (b) s. 25(1) s. 26(1) s. 28(2)(a) s. 41(1) s. 84(1) s. 100(2) s. 148(3) page 43 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 2 Corruption and Crime Commission Act 2003 amended s. 32 1 32. Schedule 2 clause 3 amended 2 (1) In Schedule 2 clause 3(4) delete "subclause (5) and". 3 (2) Delete Schedule 2 clause 3(5). 4 Note: The headings to the amended sections listed in the Table are to read as set 5 out in the Table. 6 Table Amended section Section heading s. 22 Assessments and opinions as to occurrence of serious misconduct s. 24 Allegations of serious misconduct s. 25 Any person may report serious misconduct s. 26 Commission may make proposition about serious misconduct s. 28 Certain officers obliged to notify serious misconduct s. 41 Commission may review how appropriate authority has dealt with serious misconduct page 44 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Other Acts amended Part 3 s. 33 1 Part 3 -- Other Acts amended 2 33. Freedom of Information Act 1992 amended 3 (1) This section amends the Freedom of Information Act 1992. 4 (2) In Schedule 2 after "The Corruption and Crime Commission." 5 insert: 6 7 The Public Sector Commissioner, but only in relation to 8 documents originating with or received by the Public Sector 9 Commissioner in relation to his or her functions under the 10 Corruption, Crime and Misconduct Act 2003. 11 12 34. Inspector of Custodial Services Act 2003 amended 13 (1) This section amends the Inspector of Custodial Services 14 Act 2003. 15 (2) Delete section 26(1)(c) and insert: 16 17 (c) an investigation, inquiry or other action taken 18 by the Corruption and Crime Commission or 19 Public Sector Commissioner under the 20 Corruption, Crime and Misconduct Act 2003; 21 or 22 23 35. Local Government Act 1995 amended 24 (1) This section amends the Local Government Act 1995. 25 (2) In section 9.69A delete "section 28 of the Corruption and Crime 26 Commission Act 2003." and insert: 27 28 the Corruption, Crime and Misconduct Act 2003 section 28 or 29 45H. 30 page 45 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 3 Other Acts amended s. 36 1 Note: The heading to amended section 9.69A is to read: 2 Notification under Corruption, Crime and Misconduct Act 2003 3 36. Parliamentary Commissioner Act 1971 amended 4 (1) This section amends the Parliamentary Commissioner Act 1971. 5 (2) In section 4 in the definitions of Corruption and Crime 6 Commission, officer of the Corruption and Crime 7 Commission, officer of the Parliamentary Inspector of the 8 Corruption and Crime Commission and Parliamentary 9 Inspector of the Corruption and Crime Commission delete 10 "Corruption and Crime Commission Act 2003;" and insert: 11 12 Corruption, Crime and Misconduct Act 2003; 13 14 (3) In section 22A(1) after "Commission," insert: 15 16 the Public Sector Commissioner, 17 18 (4) In section 22B: 19 (a) in paragraph (b) delete the passage that begins with "and 20 concerns" and continues to the end of the paragraph and 21 insert: 22 23 and concerns a matter that is relevant to the 24 functions of any of the following -- 25 (iv) the Corruption and Crime Commission; 26 (v) the Parliamentary Inspector; 27 (vi) the Public Sector Commissioner, but 28 only those functions under the 29 Corruption, Crime and Misconduct 30 Act 2003; page 46 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Other Acts amended Part 3 s. 37 1 (vii) the Director of Public Prosecutions; 2 or 3 4 (b) after paragraph (d) insert: 5 6 (ea) is disclosed to -- 7 (i) the Public Sector Commissioner; or 8 (ii) a person who is authorised by the Public 9 Sector Commissioner for the purposes 10 of this subparagraph, 11 and concerns a matter that is relevant to the 12 functions of the Public Sector Commissioner 13 under the Corruption, Crime and Misconduct 14 Act 2003; or 15 16 (5) In Schedule 1 in the Table in the 3rd row delete "Corruption and 17 Crime Commission Act 2003" and insert: 18 Corruption, Crime and Misconduct Act 2003 19 20 37. Public Sector Management Act 1994 amended 21 (1) This section amends the Public Sector Management Act 1994. 22 (2) In section 24D(2) in the Penalty delete "$1 000." and insert: 23 24 $10 000. 25 26 (3) In section 24D(3) in the Penalty delete "$1 000." and insert: 27 28 $10 000. 29 page 47 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 3 Other Acts amended s. 38 1 (4) In Schedule 3 clause 3(4) delete "$1 000." and insert: 2 3 $10 000. 4 5 (5) In Schedule 3 clause 4(1) delete "$1 000." and insert: 6 7 $10 000. 8 9 (6) In Schedule 3 clause 5(1) and (2) delete "$1 000." and insert: 10 11 $10 000. 12 13 38. Terrorism (Preventative Detention) Act 2006 amended 14 (1) This section amends the Terrorism (Preventative Detention) 15 Act 2006. 16 (2) In section 4(1) delete the definition of allegation of misconduct. 17 (3) In section 4(1) insert in alphabetical order: 18 19 allegation of serious misconduct has the same 20 meaning as in the Corruption, Crime and Misconduct 21 Act 2003; 22 23 (4) In section 4(1) in the definition of Corruption and Crime 24 Commission delete "Corruption and Crime Commission 25 Act 2003;" and insert: 26 27 Corruption, Crime and Misconduct Act 2003; 28 page 48 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Other Acts amended Part 3 s. 38 1 (5) In section 42(2): 2 (a) delete "Corruption and Crime Commission Act 2003," 3 and insert: 4 5 Corruption, Crime and Misconduct Act 2003, 6 7 (b) delete "misconduct" and insert: 8 9 serious misconduct 10 11 (6) In section 43(1)(e) delete "misconduct" and insert: 12 13 serious misconduct 14 15 (7) In section 46(3)(h) and (4)(g) delete "misconduct" and insert: 16 17 serious misconduct 18 19 (8) Delete section 55(1)(b) and insert: 20 21 (b) a function under the Corruption, Crime and 22 Misconduct Act 2003 of the Corruption and 23 Crime Commission, the Commissioner under 24 that Act, the Public Sector Commissioner or the 25 Parliamentary Inspector; or 26 27 Note: The heading to amended section 42 is to read: 28 Contacting proper authorities to make complaints, allegations of 29 serious misconduct and representations page 49 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 3 Other Acts amended s. 39 1 39. References in other Acts to "Corruption and Crime 2 Commission Act 2003" amended 3 (1) This section amends the Acts listed in the Table. 4 (2) In the provisions listed in the Table: 5 (a) delete "Corruption and Crime Commission Act 2003" 6 (each occurrence) and insert: 7 8 Corruption, Crime and Misconduct Act 2003 9 10 (b) delete "Corruption and Crime Commission Act 2003" (each 11 occurrence) and insert: 12 13 Corruption, Crime and Misconduct Act 2003 14 15 (c) delete "Corruption and Crime Commission Act 2003" and 16 insert: 17 18 Corruption, Crime and Misconduct Act 2003 19 20 Table Children's Court of Western s. 51A(3)(d) Australia Act 1988 Combat Sports Act 1987 s. 54B(3)(d) and (e) Constitution Acts Amendment Sch. V Pt. 1 Div. 2 Act 1899 Co-operatives Act 2009 s. 476(5)(h) Court Security and Custodial s. 38(l) Services Act 1999 page 50 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Other Acts amended Part 3 s. 39 Criminal Investigation (Covert s. 5 def. of Corruption and Powers) Act 2012 Crime Commission, 41(3) Criminal Investigation Act 2006 s. 115 def. of CCC, CCC officer and Parliamentary Inspector Criminal Organisations Control s. 3(1) def. of Act 2012 CC Commissioner, officer of the Corruption and Crime Commission, 7(3)(b), 168, Sch. 1A Pt. 1 it. 3 and Pt. 2 it. 3 Cross-border Justice Act 2008 s. 103(1) def. of judicial body par. (b) Gaming and Wagering s. 20A(3) Commission Act 1987 Juries Act 1957 s. 56B(2)(ba) and (bb), 56C(2)(ba) and (bb), Sch. 1 Div. 2 cl. 4(a), (b) and (c) iquor Control Act 1988 s. 30(2) Magistrates Court Act 2004 s. 33(7)(d) Prisons Act 1981 s. 3(1) def. of judicial body par. (b), 15C(l) Public Interest Disclosure s. 3(1) def. of Corruption and Act 2003 Crime Commission, 11(3), 16(1)(f) and (3)(g) Royal Commissions Act 1968 s. 8A(1) def. of public authority and public officer Salaries and Allowances s. 7(1) Act 1975 page 51 Corruption and Crime Commission Amendment (Misconduct) Bill 2014 Part 3 Other Acts amended s. 39 Sentencing Act 1995 Sch. 1A Pt. 1 it. 3 and Pt. 2 it. 3 Spent Convictions Act 1988 Sch. 3 cl. 1(1) Table it. 10B(a) to (h) Surveillance Devices Act 1998 s. 3(1) def. of Corruption and Crime Commission and officer of the Corruption and Crime Commission and (4) def. of misconduct, 18A(1) def. of section 5 offence, 23(3), 33(3) Telecommunications s. 3(1) def. of certifying officer (Interception and Access) par. (aa), chief officer par. (aa), Western Australia Act 1996 Corruption and Crime Commission and officer par. (aa) Terrorism (Extraordinary s. 20(2) Powers) Act 2005 Witness Protection (Western s. 3(1) def. of Corruption and Australia) Act 1996 Crime Commission and officer of the Corruption and Crime Commission, 14(2a), 34(2a)