sec.43Commission may investigate reportable allegation or reportable conviction

sec.43 Commission may investigate reportable allegation or reportable conviction

The commission may, on the commission’s own initiative, investigate a reportable allegation or reportable conviction if any of the following apply— the commission— believes the allegation or conviction relates to a worker of a reporting entity; and considers it is in the public interest that the commission investigate the allegation or conviction; the commission believes the head of the reporting entity required to investigate the allegation or conviction has failed to investigate, or is reasonably unable to investigate, under section 36 ; both of the following apply— the investigation relates to the head of a reporting entity’s handling or investigation of, or response to, the allegation or conviction; the commission considers it is in the public interest that the commission investigate the allegation or conviction; the head of a reporting entity is the subject of the allegation or conviction. An authorised officer may require a relevant person to give information relevant to an investigation conducted under this section. See section 91 . Before the commission starts an investigation under subsection (1) , the commission must give written notice to the head of the reporting entity stating— that the commission will be investigating the allegation or conviction; and the matters to be investigated; and whether the commission is requesting that the head of the reporting entity not to commence, or to end, an investigation of the allegation or conviction. Before the investigation ends, the commission must give the worker the subject of the allegation or conviction a written notice stating— any proposed findings for the investigation that may be adverse to the worker; and that the worker may, within a reasonable stated period, give written submissions to the commission about the proposed findings. The commission must have regard to the worker’s submissions in making its findings for the investigation. (sec.43-ssec.1) The commission may, on the commission’s own initiative, investigate a reportable allegation or reportable conviction if any of the following apply— the commission— believes the allegation or conviction relates to a worker of a reporting entity; and considers it is in the public interest that the commission investigate the allegation or conviction; the commission believes the head of the reporting entity required to investigate the allegation or conviction has failed to investigate, or is reasonably unable to investigate, under section 36 ; both of the following apply— the investigation relates to the head of a reporting entity’s handling or investigation of, or response to, the allegation or conviction; the commission considers it is in the public interest that the commission investigate the allegation or conviction; the head of a reporting entity is the subject of the allegation or conviction. An authorised officer may require a relevant person to give information relevant to an investigation conducted under this section. See section 91 . (sec.43-ssec.2) Before the commission starts an investigation under subsection (1) , the commission must give written notice to the head of the reporting entity stating— that the commission will be investigating the allegation or conviction; and the matters to be investigated; and whether the commission is requesting that the head of the reporting entity not to commence, or to end, an investigation of the allegation or conviction. (sec.43-ssec.3) Before the investigation ends, the commission must give the worker the subject of the allegation or conviction a written notice stating— any proposed findings for the investigation that may be adverse to the worker; and that the worker may, within a reasonable stated period, give written submissions to the commission about the proposed findings. (sec.43-ssec.4) The commission must have regard to the worker’s submissions in making its findings for the investigation.