sec.46Concurrent investigations

sec.46 Concurrent investigations

Subsection (2) applies if— the head of a reporting entity, a sector regulator or the commission is investigating, or proposes to investigate, a reportable allegation; and the head of the reporting entity, sector regulator or commission becomes aware that the conduct the subject of the reportable allegation may involve criminal conduct. The head of the reporting entity, sector regulator or commission must, as soon as practicable, notify a police officer of the belief. Subsection (4) applies if the police commissioner becomes aware that an investigation or proposed investigation by the head of an entity, a sector regulator or the commission may prejudice a police investigation. The police commissioner may ask the head of the reporting entity, sector regulator or commission to suspend, or not commence, an investigation until the police investigation is complete, or the police commissioner otherwise advises that the head of the entity, sector regulator or commission may continue or commence its investigation. The head of the reporting entity, sector regulator or commission must take all reasonable steps to mitigate any risks to the safety, wellbeing and best interests of children that may arise as a result of complying with the police commissioner’s request. If the head of a reporting entity, a sector regulator or the commission that has given notice to a police officer under subsection (2) does not receive a request under subsection (4) , the head of the entity, sector regulator or the commission must ensure the investigation is conducted in a way that does not prejudice the police investigation. A request by the police commissioner under subsection (4) does not affect another investigation, disciplinary process or other proceeding relating to the conduct that is being conducted other than under this Act. In this section— police investigation includes any court proceeding resulting from the investigation. (sec.46-ssec.1) Subsection (2) applies if— the head of a reporting entity, a sector regulator or the commission is investigating, or proposes to investigate, a reportable allegation; and the head of the reporting entity, sector regulator or commission becomes aware that the conduct the subject of the reportable allegation may involve criminal conduct. (sec.46-ssec.2) The head of the reporting entity, sector regulator or commission must, as soon as practicable, notify a police officer of the belief. (sec.46-ssec.3) Subsection (4) applies if the police commissioner becomes aware that an investigation or proposed investigation by the head of an entity, a sector regulator or the commission may prejudice a police investigation. (sec.46-ssec.4) The police commissioner may ask the head of the reporting entity, sector regulator or commission to suspend, or not commence, an investigation until the police investigation is complete, or the police commissioner otherwise advises that the head of the entity, sector regulator or commission may continue or commence its investigation. (sec.46-ssec.5) The head of the reporting entity, sector regulator or commission must take all reasonable steps to mitigate any risks to the safety, wellbeing and best interests of children that may arise as a result of complying with the police commissioner’s request. (sec.46-ssec.6) If the head of a reporting entity, a sector regulator or the commission that has given notice to a police officer under subsection (2) does not receive a request under subsection (4) , the head of the entity, sector regulator or the commission must ensure the investigation is conducted in a way that does not prejudice the police investigation. (sec.46-ssec.7) A request by the police commissioner under subsection (4) does not affect another investigation, disciplinary process or other proceeding relating to the conduct that is being conducted other than under this Act. (sec.46-ssec.8) In this section— police investigation includes any court proceeding resulting from the investigation.