Western Australian Consolidated Acts Western Australian Consolidated Acts (1) It is a function
of the Commission (the misconduct function ) to ensure that an allegation
about, or information or matter involving, misconduct is dealt with in an
appropriate way.
(2) Without limiting
how the Commission may perform the misconduct function, the Commission
performs the function by —
(a)
receiving and initiating allegations of misconduct;
(b)
considering whether action is needed in relation to allegations and matters
related to misconduct;
(c)
investigating or taking other action in relation to allegations and matters
related to misconduct if it is appropriate to do so, or referring the
allegations or matters to independent agencies or appropriate authorities so
that they can take action themselves or in cooperation with the Commission;
(d)
monitoring the way in which independent agencies and appropriate authorities
take action in relation to allegations and matters that are referred to them
by the Commission;
(e)
regardless of whether or not there has been an allegation of misconduct,
investigating whether misconduct —
(i)
has or may have occurred;
(ii)
is or may be occurring;
(iii)
is or may be about to occur; or
(iv)
is likely to occur;
(f)
making recommendations and furnishing reports on the outcome of
investigations;
(g)
consulting, cooperating and exchanging information with independent agencies,
appropriate authorities and —
(i)
the Commissioner of the Australian Federal Police;
(ii)
the Commissioner of a Police Force of another State or
Territory;
(iii)
the CEO of the Australian Crime Commission established by
the Australian Crime Commission Act 2002 of the Commonwealth;
(iv)
the Commissioner of Taxation holding office under the
Taxation Administration Act 1953 of the Commonwealth;
(v)
the Director-General of Security holding office under the
Australian Security Intelligence Organisation Act 1979 of the
Commonwealth;
(vi)
the Director of the Australian Transaction Reports and
Analysis Centre under the Financial Transaction Reports Act 1988 of the
Commonwealth;
(vii)
any person, or authority or body of this State, the
Commonwealth, another State or a Territory that is declared by the Minister to
be a person, authority or body to which this paragraph applies;
(h)
assembling evidence obtained in the course of exercising the misconduct
function and —
(i)
furnishing to an independent agency or another authority,
evidence which may be admissible in the prosecution of a person for a criminal
offence against a written law or which may otherwise be relevant to the
functions of the agency or authority; and
(ii)
furnishing to the Attorney General or a suitable
authority of another State, a Territory, the Commonwealth or another country,
evidence which may be admissible in the prosecution of a person for a criminal
offence against a law of the jurisdiction concerned or which may otherwise be
relevant to that jurisdiction.
(3) When the
Commission is deciding whether further action for the purposes of this Act in
relation to an allegation is warranted, the matters to which it may have
regard include the following —
(a) the
seriousness of the conduct or involvement to which the allegation relates;
(b)
whether or not the allegation is frivolous or vexatious or is made in good
faith;
(c)
whether or not the conduct or involvement to which the allegation relates is
or has been the subject of appropriate investigatory or other action otherwise
than for the purposes of this Act;
(d)
whether or not, in all the circumstances, the carrying out of further action
for the purposes of this Act in relation to the allegation is justified or is
in the public interest.
[Section 18 inserted by No. 78 of 2003
s. 11.]