33Concurrent investigations or proceedings

33 Concurrent investigations or proceedings

33 Concurrent investigations or proceedings

(1) This section applies if the Commissioner of Police or the Director of Public Prosecutions advises the Children’s Guardian, or the head of a relevant entity, that an investigation or determination under this Part is likely to prejudice a police investigation or court proceeding.

(2) The Children’s Guardian or head of the relevant entity may—

(a) suspend the investigation or a determination until otherwise advised, and

(b) after consulting the police officer in charge of the investigation or the Director of Public Prosecutions, take steps to manage any risks while the investigation or determination is suspended, and

(c) if the investigation or determination was being conducted by the head of a relevant entity—

(i) advise the Children’s Guardian about the suspension under this section, and

(ii) advise the Children’s Guardian of the steps being taken to manage risks.

(3) Before making a decision about whether or not to suspend an investigation or determination, the Children’s Guardian, or head of the relevant entity, must consult with the Commissioner of Police, or the Director of Public Prosecutions, who provided the advice under subsection (1).

(4) If the investigation under this Part is not suspended, the Children’s Guardian or head of the relevant entity that decides not to suspend the investigation must ensure the investigation is conducted in a way that does not prejudice the police investigation or court proceeding.

(5) An investigation or determination by a relevant entity, suspended by operation of this section, is taken to be exempt from the requirement to provide an entity report or an interim report until the period of 30 business days after the suspension has ended.

(6) This section does not affect the operation of any other Act.

(7) For the purposes of this section—

(a) a reference to a police investigation includes a reference to an investigation by the Australian Federal Police, an international investigation the Australian Federal Police are aware of, or a police investigation in another State or Territory, and