{"id":"parliamentary-commissioner-rules-1998","name":"Parliamentary Commissioner Rules 1998","slug":"parliamentary-commissioner-rules-1998","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179178,"registerId":"wa-parliamentary-commissioner-rules-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parliamentary Commissioner Rules 1998","content":"![Crest]()Western Australia\n\nParliamentary Commissioner Act 1971\n\nParliamentary Commissioner Rules 1998\n\nWestern Australia\n\nParliamentary Commissioner Rules 1998\n\nContents\n\n1. Citation 1\n\n2. Definitions 1\n\n3. Delegation to Deputy Commissioner, Assistant Commissioner and special officers 1\n\n4. Matters to be considered by Commissioner 2\n\nNotes\n\nCompilation table 3\n\n  \n\nWestern Australia\n\nParliamentary Commissioner Act 1971\n\nParliamentary Commissioner Rules 1998\n\n##### 1. Citation\n\nThese rules may be cited as the *Parliamentary Commissioner Rules 1998* 1.\n\n##### 2. Definitions\n\nIn these rules —\n\n  Assistant Commissioner means the officer of the Commissioner styled Assistant Parliamentary Commissioner;\n\n  special officer means an investigating officer, a legal officer or any other officer of the Commissioner occupying a position not lower in classification than an investigating officer or a legal officer.\n\n##### 3. Delegation to Deputy Commissioner, Assistant Commissioner and special officers\n\nFor the purposes of section 11(1) of the Act, the Commissioner is authorised to delegate the performance of any of the functions of the Commissioner under the Act, other than the power to delegate under section 11 or to make any report or recommendation under the Act, to the Deputy Commissioner, the Assistant Commissioner or a special officer of the Commissioner.\n\n##### 4. Matters to be considered by Commissioner\n\nThe Commissioner, in delegating any function under these rules, is to have regard to the experience, qualifications and suitability of the person to whom the function is to be delegated and, where appropriate, the seniority and status of a person to whom a particular investigation relates.\n\n[**5.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\nNotes\n\n1 This is a compilation of the *Parliamentary Commissioner Rules 1998*. The following table contains information about those rules and any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Parliamentary Commissioner Rules 1998* | 30 Apr 1999 p. 1818‑19 | 30 Apr 1999 (see *Gazette* 30 Apr 1999 p. 1819) 2 |\n| **Reprint 1: The *Parliamentary Commissioner Rules 1998* as at 11 Mar 2005** | | |\n\n\n2 The commencement date of 21 Apr 1999 that was specified was before the date of gazettal.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAssistant Commissioner 2\n\nspecial officer 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These rules operationalise the Act by authorising specified delegations and setting selection criteria; they do not expand the substantive functions of the Parliamentary Commissioner. Rule 3 identifies who may exercise delegated functions and excludes delegation of the power to delegate and the power to make reports/recommendations, while rule 4 prescribes factors the Commissioner must consider when delegating. The instrument therefore modifies internal exercise of duties rather than the statutory scope established by section 11(1) of the Act."},"complexity_factors":["Short instrument (4 operative rules) with limited subject matter","Primary action is delegation of functions, conceptually simple","Depends on external reference to section 11(1) of the Parliamentary Commissioner Act 1971 for statutory authority","Explicit exclusions (cannot delegate power to delegate or to make reports) reduce interpretive ambiguity (rule 3)","Discretionary language — \"to have regard to\" experience, qualifications and suitability — leaves some judgment to the Commissioner (rule 4)","Few defined terms (Assistant Commissioner; special officer) and straightforward classifications","One omitted provision noted (rule 5 omitted) but no substantive text to interpret"],"plain_english_summary":"The Parliamentary Commissioner Rules 1998 let the WA Parliamentary Commissioner delegate almost all statutory functions to a Deputy, an Assistant Parliamentary Commissioner, or other senior officers, but not the power to further delegate or to make formal reports or recommendations (rule 3). The Commissioner must consider the nominee’s experience, qualifications, suitability and, where relevant, the seniority of the person investigated when delegating (rule 4). These rules structure who decides and impose selection criteria for delegation."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The URL provided returned a page-not-found error from the Western Australian Parliamentary Counsel's Office website."},"complexity_factors":["No legislative text was provided — only a website error/unavailability notice","Complexity cannot be meaningfully assessed without the actual content of the Rules","Score of 1 reflects the absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page that was meant to contain the *Parliamentary Commissioner Rules 1998* (Western Australian legislation) is no longer available on the Western Australian legislation website. The content provided is an error/redirect notice — not the actual text of the law.\n\nWhat we do know from the title alone:\n- This is a **Western Australian** instrument (a set of rules, rather than an Act of Parliament)\n- It dates from **1998**\n- It relates to the **Parliamentary Commissioner** — likely the Ombudsman of Western Australia, whose formal title is the Parliamentary Commissioner for Administrative Investigations\n- Rules of this kind typically govern procedural matters such as how complaints are made, how investigations are conducted, and what processes the Commissioner must follow\n\n**No meaningful legal analysis can be provided without the actual text of the legislation.**"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing delegation procedures for the Parliamentary Commissioner's office. No scope creep is evident."},"complexity_factors":["Extremely short: only 4 operative provisions (one omitted)","Minimal defined terms: only 2 definitions ('Assistant Commissioner' and 'special officer')","Single cross-reference to section 11(1) of the parent Act","No nested conditions or exceptions beyond the two explicit non-delegable powers","Straightforward delegation framework with basic safeguards"],"plain_english_summary":"**What this legislation does:**\n\nThese are procedural rules made under Western Australia's *Parliamentary Commissioner Act 1971* (the law that establishes the Ombudsman-like office that investigates complaints about government agencies).\n\n**Key things it covers:**\n\n*   **Who can do what:** It allows the Parliamentary Commissioner (the head investigator) to delegate their powers to three types of staff:\n    *   The Deputy Commissioner\n    *   The Assistant Commissioner\n    *   \"Special officers\" (senior staff like investigators or lawyers)\n\n*   **Important limits:** The Commissioner **cannot** delegate:\n    *   The power to delegate further (only the Commissioner can hand out powers)\n    *   The power to make final reports or recommendations (these must come from the Commissioner personally)\n\n*   **How to decide who gets what:** When handing out tasks, the Commissioner must consider:\n    *   The person's experience, qualifications and suitability\n    *   The seniority and status of whoever is being investigated (where relevant)\n\n**Who it affects:**\n\nStaff working in the Parliamentary Commissioner's office, and indirectly, anyone making complaints to the Commissioner or being investigated by them.\n\n**Why it matters:**\n\nThis ensures investigations can run efficiently by letting senior staff handle day-to-day work, while protecting the integrity of the office by keeping final decision-making authority with the Commissioner personally."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-commissioner-rules-1998","history":"/api/acts/parliamentary-commissioner-rules-1998/history","analysis":"/api/acts/parliamentary-commissioner-rules-1998/analysis","conflicts":"/api/acts/parliamentary-commissioner-rules-1998/conflicts","importantCases":"/api/acts/parliamentary-commissioner-rules-1998/important-cases","documents":"/api/acts/parliamentary-commissioner-rules-1998/documents"}}