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Who is affected

• Public officers and employees across State agencies: their conduct can be investigated as "misconduct" (s. 4) and certain officers have a statutory duty to notify suspected misconduct to the Commission or Public Sector Commissioner (ss. 28, 45H).
• Police: retain investigatory primacy for many crimes, but can apply to the Commission for exceptional powers for organised‑crime investigations (ss. 46, 48); police officers can be participants in controlled operations and may operate under assumed identities with Commission approval (ss. 60, 64, 103–105).
• Owners and occupiers of premises: subject to fortification notices and possible removal or modification orders (ss. 68–76).
• Private persons involved in authorised operations (civilian participants) and issuing agencies asked to create identity evidence: they may receive statutory indemnities but also face criminal penalties for unlawful disclosure or misuse (ss. 111–116, 129).
• The State (the taxpayer) funds the Commission and Parliamentary Inspector; their budgets and staff arrangements are set out (ss. 186–187; ss. 215–216).

Why it matters (official purpose claims, followed by practical tests)

• Official purpose: the Act says it is "to combat and reduce the incidence of organised crime" and "to improve continuously the integrity of, and to reduce the incidence of misconduct in, the public sector" and to support confiscation functions (ss. 7A–7B). Mechanically, it does that by centralising investigatory powers, creating reporting and monitoring duties on public authorities, and authorising intrusive investigatory techniques when specified thresholds are met (e.g. "exceptional powers finding", s. 46).

• Costs and compliance burden: the Act imposes mandatory notification duties on senior officers and agencies (s. 28; s. 45H) and reporting duties on police and controlled‑operation participants (ss. 58, 61, 65). Preparing and responding to notices, internal reviews, and external monitoring creates ongoing administrative and legal costs for public authorities and potential legal risk for individuals. Those costs are borne by the public sector (State appropriation, s. 186) and by agencies required to divert staff time to compliance.

• Incentives and behaviour changes: public officers face clear incentives to report or be reported (criminal penalties exist for malicious false reports, s. 25(5), s. 45E(5)) and employers are criminalised for dismissing witnesses (s. 174). Police gain access to enhanced investigatory tools when the Commission makes an exceptional powers finding (s. 46) and may be authorised to participate in otherwise criminal conduct under controlled operations (ss. 121–128). That shifts some investigative discretion from courts and traditional police processes into an administrative authorisation regime.

• Bureaucratic discretion and oversight trade‑offs: the Act vests broad discretionary powers in the Commission (e.g. to make exceptional‑powers findings, authorise assumed identities and controlled operations, direct investigation responsibilities of other authorities — ss. 46, 103, 121, 42). Judicial review of those Part 4 powers is expressly limited while an investigation is in progress (s. 83). Oversight is provided by the Parliamentary Inspector (Part 13) and reporting to Parliament (Part 5), and appointment checks (nominating committee, Standing Committee vetos, ss. 9B–9C). The trade‑off is administrative agility and secrecy against risk of error, mission creep and concentration of intrusive powers in an executive body.

• Opportunity costs and capture risk: concentrating investigative, intelligence‑gathering, indemnity and identity‑creation powers in a single Commission reduces transaction costs in complex investigations but creates a focal point where errors or misuse could have systemic effects. The Act builds in indemnities (ss. 111, 112, 129) that lower legal risk for authorised participants but also reduce private legal remedies for third parties, shifting costs to the State and increasing the importance of external oversight (Part 13).

• Implementation risks: many provisions require coordination with other statutes and agencies (frequent cross‑references to Criminal Code, Criminal Property Confiscation Act, Public Sector Management Act, Surveillance Devices Act and Commonwealth interception laws). That increases legal complexity at the operational level and raises potential for inconsistent practice and litigation over boundaries (e.g. what constitutes "serious" vs "minor" misconduct, or when exceptional powers are justified — ss. 4, 45B, 46).

Who pays, who decides, what behaviour changes

• Who pays: the Commission and Parliamentary Inspector are funded from State appropriations and agency accounts (ss. 186, 215). Indemnities and costs incurred under authorised operations are a charge on the Commission (ss. 112, 129).
• Who decides: the Commissioner (and Deputy Commissioner/acting appointees) and the Commission exercise most operational decisions (ss. 9, 13A, 14, 16). The Premier recommends appointments on the basis of a nominating committee list and, where a Standing Committee exists, that Committee may veto recommendations (ss. 9A–9C). Courts control review of certain enforcement actions (e.g. review of fortification notices, s. 76) but judicial review of Part 4 functions is curtailed during active investigations (s. 83).
• Behavioural effects: mandatory reporting duties (ss. 28, 45H) are likely to increase disclosures upward; police and Commission authorised participants gain legal cover to undertake covert or otherwise unlawful acts in tightly defined circumstances (ss. 121–128); owners of heavily fortified premises face a statute process that may result in forced removal of fortifications (ss. 68–76).

Concrete legal risks and limits

• The Act creates significant criminal penalties for disclosure, obstruction, victimisation and certain witness‑related conduct (Parts 9–11). It simultaneously provides statutory protections and indemnities for authorised participants when conditions are met (ss. 111–113, 128–133). These paired mechanisms reduce litigation risk for state actors but rely on correct internal decision‑making and robust external oversight (Parliamentary Inspector, ss. 195–197).

Bottom line (analyst's takeaway)

• Mechanically, the Act centralises powerful investigatory and preventive tools in the Commission, adds a parallel minor‑misconduct regime under the Public Sector Commissioner, and creates statutory regimes for assumed identities, controlled operations and fortification removal. These tools make otherwise difficult organised‑crime and integrity investigations administratively feasible, but they substantially increase legal complexity, administrative cost and the need for effective oversight. Practical trade‑offs include faster, secretive investigative capability versus elevated discretion and reduced immediate judicial review; the Act attempts to balance that with reporting, indemnities and a Parliamentary Inspector, but those safeguards create further administrative layers and compliance costs. (Key sections cited: ss. 4, 18, 21AD, 28, 42, 46, 51–66, 67–80, 94–101, 103–133, 151–156, Part 13.)

Organised crime functions 30

21A. Reviewable police action 30

21AA. Prevention and education function: police misconduct 30

21AB. Capacity development function: public authorities 31

21AC. Information about allegations received or initiated by Public Sector Commissioner 32

21AD. Unexplained wealth functions 32

Part 3 — Serious misconduct: role of Commission

Division 1 — Assessments and opinions

22. Assessments and opinions as to occurrence of serious misconduct 34

Division 2 — Allegations

24. Allegations of serious misconduct 35

25. Any person may report serious misconduct 35

26. Commission may make proposition about serious misconduct 37

27. Allegation about Commissioner, Deputy Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated 37

Division 3 — Duty to notify

28. Certain officers obliged to notify serious misconduct 38

29. Duty to notify under s. 28 is paramount 40

30. Commission may issue guidelines about notifications 40

31. Commission may report breach of duty to report or notify 41

Division 4 — Assessments, opinions and investigation

32. Dealing with allegations 41

33. Decision on further action on allegation 42

34. Matters to be considered in deciding who should take action 42

35. Informant to be notified of decision not to take action 43

36. Person investigated can be advised of outcome of investigation 44

37. Referring allegation to another agency or authority 44

38. Referring allegations to Parliamentary Commissioner or Auditor General 45

39. Commission may decide to take other action 45

40. Commission’s monitoring role of appropriate authorities 46

41. Commission may review how appropriate authority has dealt with serious misconduct 47

42. Commission may direct Public Sector Commissioner or appropriate authority not to take action 47

Division 5 — Recommendations

43. Recommendations by Commission 48

44. Other action for misconduct 50

Part 4A — Misconduct: role of Public Sector Commissioner

Division 1 — Functions in relation to misconduct

45A. Prevention and education function 51

45B. Minor misconduct function 52

Division 2 — Minor misconduct

Subdivision 1 — Assessments and opinions

45C. Assessments and opinions as to occurrence of minor misconduct 54

Subdivision 2 — Allegations

45D. Allegations of minor misconduct 56

45E. Any person may report minor misconduct 56

45F. Public Sector Commissioner may make proposition about minor misconduct 58

45G. Allegation about Commission, Public Sector Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated 58

Subdivision 3 — Duty to notify

45H. Certain officers obliged to notify minor misconduct 59

45I. Duty to notify under s. 45H is paramount 60

45J. Public Sector Commissioner may issue guidelines about notifications 61

45K. Public Sector Commissioner may report breach of duty to report or notify 61

Subdivision 4 — Assessments, opinions and investigations

45L. Dealing with allegations 62

45M. Decision on further action on allegation 63

45N. Matters to be considered in deciding who should take action 63

45O. Informant to be notified of decision not to take action 64

45P. Person to whom allegation relates can be advised of outcome of inquiry 64

45Q. Action by Public Sector Commissioner: special inquiry or investigation 65

45R. Referring allegation to independent agency or appropriate authority under s. 45M(c) 66

45S. Referring allegations to Parliamentary Commissioner or Auditor General under s. 45M(c) 66

45T. Referring allegations to Corruption and Crime Commission under s. 45M(d) 67

45U. Public Sector Commissioner may decide to take other action 68

45V. Monitoring of appropriate authorities 68

45W. Review of appropriate authority’s handling of minor misconduct 69

Subdivision 5 — Recommendations

45X. Recommendations by Public Sector Commissioner 70

45Y. Other action for minor misconduct not affected 71

Division 3 — Reporting

45ZA. Report to Parliament on inquiry or other action 71

45ZB. Report to Parliament on further action by appropriate authority 72

45ZC. Person subject to adverse report: entitlement of 73

45ZD. Annual report under PSMA s. 22D: matters to be included 73

Part 4 — Organised crime: exceptional powers and fortification removal

Division 1 — Basis for, and control of, use of exceptional powers

45. Terms used 75

46. Exceptional powers finding, making of 75

47. Purpose of Divisions 2 to 5 76

Division 2 — Examination before Commission

48. Commission, on application of police, may summons witnesses 77

49. Examination of witnesses by Commissioner of Police 77

50. Examination of witness about offence with which witness charged 77

Division 3 — Entry, search and related matters

51. Commission may limit exercise of certain exceptional powers 78

52. Section 5 offences, enhanced police powers to enter, search etc. places 79

53. Section 5 offences, enhanced police powers to stop, search etc. people and conveyances 80

54. Searches of people, conduct of 81

55. Power to search includes power to break open 83

56. Offences 83

57. Police to report on use of powers under this Division 83

58. Overseeing exercise of powers under this Division 84

Division 4 — Assumed identities

60. Approval for assumed identity 85

61. Police to report on activities undertaken under assumed identity approval 85

62. Overseeing exercise of powers under this Division 86

Division 5 — Controlled operations

63. Terms used 86

64. Authority to conduct controlled operation and integrity testing 87

65. Police to report on controlled operation or integrity testing programme 88

66. Overseeing exercise of powers under this Division 89

Division 6 — Fortifications

67. Terms used 89

68. Fortification warning notice: issue of 90

69. Fortification warning notice: contents of 91

70. Giving fortification warning notice 91

71. Withdrawal notice 92

72. Fortification removal notice: issue of 93

73. Fortification removal notice: contents of 93

74. Giving fortification removal notice 94

75. Fortification removal notice: enforcing 94

76. Review of fortification removal notice 95

77. Hindering removal or modification of fortifications 97

78. Planning and other approval issues 97

79. No compensation for removal or modification of fortifications 98

80. Protection from liability for wrongdoing 98

Division 7 — General matters

81. Part not applicable to juveniles 98

82. Delegation by Commissioner of Police 99

83. Judicial review excluded 99

Part 5 — Reporting

Division 1 — Reports by Commission on specific matters

84. Report to Parliament on investigation or received matter 100

85. Report to Parliament on further action by appropriate authority 101

86. Person subject to adverse report, entitlement of 101

87. Disclosure of matters in report made under s. 84 or 85 101

88. Special reports to Parliament on policy matters 102

89. Report under s. 84, 85 or 88 may be made to Minister or Standing Committee instead of to Parliament 102

90. Reports about people proposed as police officers or CEOs 102

Division 2 — General reports

91. Annual report to Parliament 104

92. Periodical report to Parliament 106

Division 3 — General matters

93. Laying documents before House of Parliament that is not sitting 107

Part 6 — Powers

Division 1 — Particular powers to require information or attendance

94. Power to obtain information from public authority or officer 108

95. Power to obtain documents and other things 110

96. Power to summon witnesses to attend and produce things 110

97. Witnesses to attend until released 111

98. Powers in relation to things produced 111

99. Notation on notice or summons to restrict disclosure 111

Division 2 — Entry, search and related matters

100. Power to enter and search premises of public authority or officer 114

101. Search warrants, issue and effect of 115

Division 3 — Assumed identities

102. Terms used 117

103. Assumed identity approval, grant of 118

104. What assumed identity approval authorises 119

105. Issuing evidence of assumed identity 120

106. Court orders as to entries in register 121

107. Hearing of application under s. 106 or 109 121

108. Cancellation of evidence of assumed identity 122

109. Cancellation of approval affecting entry in register 122

110. Court may order entries in register to be cancelled 122

111. Protection from liability 123

112. Commission to indemnify agencies and officers 123

113. Operation of s. 111 and 112 limited in some cases 124

114. Identity of certain officers not to be disclosed in legal proceedings 124

115. Information about identity not to be disclosed 125

116. Misuse of assumed identity 126

117. Admissibility of certain Commission documents 126

118. Assumed identity approvals to be reviewed periodically 127

Division 4 — Controlled operations and integrity testing programmes

119. Terms used 127

120. Division does not limit certain court powers 128

121. Controlled operation, grant of authority to conduct 128

122. Limits as to what may be done in, granting authority for, or who may take part in, controlled operation 130

123. Integrity testing programme, grant of authority to conduct 131

124. Varying authority 133

125. Cancelling authority 133

126. Effect of authority 134

127. Defect in authority 134

128. Protection from criminal responsibility for acts in authorised operation 134

129. Indemnity against civil liability for officer participants 135

130. Requirements to be met to obtain protection from criminal responsibility or indemnity 135

131. Effect of being unaware of variation or cancellation of authority 136

132. Protection from criminal responsibility for some ancillary activities 136

133. Admissibility of certain Commission documents 137

134. Identity of certain participants not to be disclosed in legal proceedings 137

Division 5 — General

135. Law of evidence, application to Commission 138

136. Ancillary powers of Commission 139

Part 7 — Examinations and deciding claims of privilege and excuse

Division 1 — Examinations

137. Commission may conduct examinations 140

138. Conduct of examinations 140

139. Examination to be private unless otherwise ordered 141

140. Public examination, when allowed 141

141. Power to examine on oath or affirmation 142

142. Legal representation for witnesses and others 142

143. Examination of witnesses 143

Division 2 — Claims of privilege and reasonable excuse

144. Legal professional privilege 143

145. Use of statements of witness against witness 144

Division 3 — General

146. Witnesses’ expenses 145

147. Protection of Commission, legal representatives and witnesses 146

Part 8 — Arrest warrants

148. Arrest warrants, issue and execution of 147

149. Conditional release of arrested person 149

149A. Provision for overnight detention 150

150. Supreme Court may review detention of arrested person 150

Part 9 — Disclosure, secrecy and protection of witnesses

151. Disclosure of certain information restricted 152

152. Disclosure by Commission or its officers 154

153. Disclosure by other officials 156

154. Exclusion of other laws 157

155. Application of Telecommunications (Interception and Access) Western Australia Act 1996 157

156. Witness protection arrangements, Commission may make 157

Part 10 — Contempt

157. Term used: reasonable excuse 159

158. Failing to comply with notice given under s. 94 or 95 159

159. Failing to obey summons issued under s. 96 160

160. Failing to be sworn or to give evidence when summonsed 160

160A. Contempts in relation to examination orders under the Criminal Property Confiscation Act 2000 161

161. Hindering execution of search warrants 161

162. Other contempts of Commission 162

163. Punishment of contempt of Commission 163

164. Conduct that is both a contempt and an offence 164

Part 11 — Offences

165. Obstructing Commission, Parliamentary Inspector or their officers 165

166. Malicious disclosure of false allegation of misconduct 165

167. Disclosure contrary to notation under s. 99 165

168. Giving false testimony 167

169. Bribery of witness 167

170. Fraud on witness 168

171. Destroying evidence 168

172. Preventing witness from attending 169

173. Injury or detriment to witness 169

174. Dismissal by employer of witness 169

175. Victimisation 170

176. Pretending to be officer 170

177. Summary conviction of crimes 170

177A. Limitation period for prosecution of simple offences 171

Part 12 — Administration

Division 1 — Staff

178. Commission not SES organisation 172

179. Staff of Commission 172

180. Entitlements of public service officers 173

181. Secondment of staff and use of facilities 173

182. Engagement of service providers 175

183. Oath of secrecy for officers 175

184. Appointment and functions of authorised officers 175

185. Delegation by Commission 177

Division 2 — Financial provisions

186. Funds of Commission 179

187. Application of Financial Management Act 2006 and Auditor General Act 2006 180

Part 13 — Parliamentary Inspector of the Corruption and Crime Commission

Division 1 — Office of Parliamentary Inspector of the Corruption and Crime Commission

188. Parliamentary Inspector of Corruption and Crime Commission, office established 181

189. Parliamentary Inspector, appointment of 181

190. Qualifications for appointment as Parliamentary Inspector 182

191. Terms and conditions of service of Parliamentary Inspector 182

192. Removal or suspension of Parliamentary Inspector 183

193. Acting Parliamentary Inspector 183

194. Oath or affirmation of office 185

Division 2 — Functions of the Parliamentary Inspector

195. Functions 186

196. Powers 187

197. Inquiries 189

198. Parliamentary Inspector not to interfere with Commission’s operations 190

Division 3 — Reporting

199. Report to Parliament may be given at any time 191

200. Person subject to adverse report, entitlement of 191

201. Report under s. 199 may be made to Standing Committee instead of Parliament 191

202. Disclosure of matters in report 192

203. Annual report to Parliament 192

204. Periodical report to Parliament 193

205. Reports not to include certain information 193

206. Laying documents before House of Parliament that is not sitting 194

Division 4 — Disclosure

207. Restriction on disclosure generally 195

208. Disclosure by Parliamentary Inspector or officer 195

209. Disclosure by other officia

This is an opening excerpt, not the complete document.