Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act unless
the contrary intention appears —
A-CC means the Anti-Corruption Commission
established under the Anti-Corruption Commission Act 1988 ;
allegation means —
(a) a
report made to the Commission under section 25;
(b) a
proposition initiated by the Commission under section 26;
(c) a
matter notified under section 28(2); or
(d) a
received matter;
appropriate authority means a person, body or
organisation who or which is empowered by a law of the State to take
investigatory or other action, or both, in relation to misconduct, but does
not include an independent agency or either House of Parliament;
bipartisan support means the support
of —
(a)
members of the Standing Committee who are members of the party of which the
Premier is a member; and
(b)
members of the Standing Committee who are members of the party of which the
Leader of the Opposition is a member;
Commission means the Corruption and Crime
Commission established under this Act;
Commissioner means the person holding the office
of Commissioner established under this Act or acting in that office for the
reasons mentioned in section 14(1)(a) or (b);
Commissioner of Police means the person holding or
acting in the office of Commissioner of Police under the Police Act 1892
;
contractor has the meaning given by the
Court Security and Custodial Services Act 1999 or the
Prisons Act 1981 , as is relevant to the case;
Director of Public Prosecutions has the meaning
given to Director in the Director of Public Prosecutions Act 1991 ;
disciplinary action means any disciplinary action
under any law or contract and includes —
(a)
action under section 8 of the Police Act 1892 ; and
(b) the
taking of action against a person, with a view to dismissing, dispensing with
the services of or otherwise terminating the services of that person;
disciplinary offence includes any conduct or other
matter that constitutes or may constitute grounds for disciplinary action;
disclose means —
(a)
publish in any way; or
(b)
divulge or communicate to any person in any way;
examination means an examination under
Part 7;
independent agency means —
(a) the
Parliamentary Commissioner; and
(b) the
Director of Public Prosecutions; and
(c) the
Auditor General; and
(d) the
Inspector of Custodial Services; and
(e) the
Public Sector Commissioner;
inquiry means an inquiry by the Parliamentary
Inspector under section 197;
investigation means an investigation under this
Act and includes a preliminary investigation referred to in section 32;
lawyer means an Australian lawyer within the
meaning of that term in the Legal Profession Act 2008 section 3;
legal practitioner means an Australian legal
practitioner within the meaning of that term in the
Legal Profession Act 2008 section 3;
misconduct has the meaning given by
section 4;
nominating committee means a committee consisting
of —
(a) the
Chief Justice;
(b) the
Chief Judge of the District Court; and
(c) a
person appointed by the Governor to represent the interests of the community;
notifying authority means —
(a) a
department or organisation as defined in the Public Sector Management
Act 1994 ;
(b) an
entity in respect of which a declaration is in effect under section 56(2)
of the Financial Management Act 2006 ;
(c) a
statutory authority as defined in the Financial Management Act 2006 ;
(d) an
authority to which the Parliamentary Commissioner Act 1971 applies;
(e) a
person or body, or holder of an office —
(i)
under whom or which a public officer holds office or by
whom or which a public officer is employed; or
(ii)
who or which is prescribed for the purposes of this
subparagraph,
but does not include the President of the
Legislative Council or the Speaker of the Legislative Assembly;
officer of the Commission means —
(a) the
Commissioner;
(b) a
person appointed under section 179;
(c) a
person seconded or otherwise engaged under section 181; or
(d) a
person engaged under section 182;
officer of the Parliamentary Inspector
means —
(a) a
person appointed under section 210;
(b) a
person seconded or otherwise engaged under section 212; or
(c) a
person engaged under section 213;
organised crime means activities of 2 or more
persons associated together solely or partly for purposes in the pursuit of
which 2 or more Schedule 1 offences are committed, the commission
of each of which involves substantial planning and organisation;
organised crime examination means an examination
to which a person is summoned under an organised crime summons;
organised crime summons means a summons issued
under section 96 on an application by the Commissioner of Police under
section 48;
Parliamentary Commissioner has the meaning given
to Commissioner under the Parliamentary Commissioner Act 1971 ;
Parliamentary Inspector means the person holding
the office of Parliamentary Inspector of the Corruption and Crime Commission
established under this Act or acting in the office for the reasons mentioned
in section 193(1)(a) or (b);
perform includes to exercise;
Police Royal Commission has the meaning given to
Commission under the Royal Commission (Police) Act 2002 ;
principal officer of a notifying authority
means —
(a) in
the case of a department or organisation as defined in the
Public Sector Management Act 1994 , the chief executive officer or chief
employee of that department or organisation;
(b) in
the case of a notifying authority that is an entity in respect of which a
declaration is in effect under section 56(2) of the Financial Management
Act 2006 , the holder of the office that is the subject of that
declaration;
(c) in
the case of a contractor and any subcontractor under the relevant contract,
the holder of the office specified in the relevant contract to be the
principal officer for the purposes of this Act; and
(d) in
any other case —
(i)
the person specified in the regulations as the principal
officer of that notifying authority or a notifying authority of that class; or
(ii)
if no person is specified under subparagraph (i),
the person who is the head of that notifying authority, its most senior
officer or the person normally entitled to preside at its meetings;
public authority means —
(a) a
notifying authority;
(b) a
body mentioned in Schedule V Part 3 to the Constitution Acts Amendment
Act 1899 ;
(c) an
authority, board, corporation, commission, council, committee, local
government, regional local government or similar body established under a
written law;
(d) a
body that is the governing authority of a body referred to in
paragraph (b) or (c); or
(e) a
contractor or subcontractor;
public officer has the meaning given by
section 1 of The Criminal Code ;
public service officer has the meaning given by
section 3(1) of the Public Sector Management Act 1994 ;
received matter means —
(a) a
matter referred to the Commission by the Police Royal Commission, the A-CC or
the Parliamentary Commissioner;
(b) a
matter received by the Commission in the performance of its functions under
section 19(2)(b); or
(c) any
allegation made to the A-CC under the Anti-Corruption Commission
Act 1988 that has not been finally dealt with under that Act immediately
before the repeal of that Act under section 54 of the Corruption and
Crime Commission Amendment and Repeal Act 2003 ;
record includes anything that is a document as
defined in section 79B of the Evidence Act 1906 .
reviewable police action means any action taken by
a police officer or an employee of the Police Service of the Public Service,
that —
(a) is
contrary to law;
(b) is
unreasonable, unjust, oppressive or improperly discriminatory;
(c) is
in accordance with a rule of law, or a provision of an enactment or a
practice, that is or may be unreasonable, unjust, oppressive or improperly
discriminatory;
(d) is
taken in the exercise of a power or a discretion, and is so taken for an
improper purpose or on irrelevant grounds, or on the taking into account of
irrelevant considerations; or
(e) is a
decision that is made in the exercise of a power or a discretion and the
reasons for the decision are not, but should be, given;
Schedule 1 offence means an offence described
in Schedule 1;
section 5 offence has the meaning given by
section 5;
serious misconduct means misconduct of a kind
described in section 4(a), (b) or (c);
Standing Committee means the committee referred to
in section 216A;
State Records Commission means the Commission
established under section 57 of the State Records Act 2000 ;
subcontractor has the meaning given by the
Court Security and Custodial Services Act 1999 or the
Prisons Act 1981 , as is relevant to the case;
witness means a person who appears at an
examination or an inquiry to give evidence, whether the person has been
summoned or appears without being summoned.
(2) Nothing in this
Act affects, or is intended to affect, the operation of the
Parliamentary Privileges Act 1891 or the Parliamentary Papers
Act 1891 and a power, right or function conferred under this Act is not
to be exercised if, or to the extent, that the exercise would relate to a
matter determinable exclusively by a House of Parliament, unless that House so
resolves.
[Section 3 amended by No. 78 of 2003
s. 5 and 35(13); No. 77 of 2006 Sch. 1 cl. 35(1) and (2);
No. 8 of 2008 s. 11(2) and 23(1); No. 21 of 2008 s. 654(2);
No. 39 of 2010 s. 74(2).]