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Crime and Corruption Act 2001
sec.295Referral of concerns by parliamentary committee
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### sec.295 Referral of concerns by parliamentary committee
This section applies if the parliamentary committee—
receives a complaint, or has other concerns (including concerns arising out of a recommendation made by the parliamentary commissioner), about the conduct or activities of the commission or a commission officer; or
is notified by the chairperson, deputy chairperson or chief executive officer of conduct of a commission officer that the chairperson, deputy chairperson or chief executive officer suspects involves, or may involve, improper conduct.
See section 329 for the duties to notify the parliamentary committee of conduct of commission officers suspected to involve, or may involve, improper conduct.
If the committee decides to take action on the complaint, concern or notification (the matter ), the committee may do 1 or more of the following—
ask the commission to give a report on the matter to the committee;
ask the commission to investigate and give a report on the matter to the committee;
ask the police service or another law enforcement agency to investigate and give a report on the matter to the committee;
ask the parliamentary commissioner to investigate and give a report on the matter to the committee;
refer the matter to the director of public prosecutions;
take other action the committee considers appropriate.
A decision under subsection (2) is effective only if it is made with the bipartisan support of the parliamentary committee.
The commission, police service, parliamentary commissioner or another investigative agency must investigate and report on matters as asked by the committee.
s 295 amd 2006 No. 41 s 25 ; 2014 No. 21 s 68 ; 2016 No. 19 s 45 (1)
(sec.295-ssec.1) This section applies if the parliamentary committee— receives a complaint, or has other concerns (including concerns arising out of a recommendation made by the parliamentary commissioner), about the conduct or activities of the commission or a commission officer; or is notified by the chairperson, deputy chairperson or chief executive officer of conduct of a commission officer that the chairperson, deputy chairperson or chief executive officer suspects involves, or may involve, improper conduct. See section 329 for the duties to notify the parliamentary committee of conduct of commission officers suspected to involve, or may involve, improper conduct.
(sec.295-ssec.2) If the committee decides to take action on the complaint, concern or notification (the matter ), the committee may do 1 or more of the following— ask the commission to give a report on the matter to the committee; ask the commission to investigate and give a report on the matter to the committee; ask the police service or another law enforcement agency to investigate and give a report on the matter to the committee; ask the parliamentary commissioner to investigate and give a report on the matter to the committee; refer the matter to the director of public prosecutions; take other action the committee considers appropriate.
(sec.295-ssec.3) A decision under subsection (2) is effective only if it is made with the bipartisan support of the parliamentary committee.
(sec.295-ssec.4) The commission, police service, parliamentary commissioner or another investigative agency must investigate and report on matters as asked by the committee.
- (a) receives a complaint, or has other concerns (including concerns arising out of a recommendation made by the parliamentary commissioner), about the conduct or activities of the commission or a commission officer; or
- (b) is notified by the chairperson, deputy chairperson or chief executive officer of conduct of a commission officer that the chairperson, deputy chairperson or chief executive officer suspects involves, or may involve, improper conduct. Note— See section 329 for the duties to notify the parliamentary committee of conduct of commission officers suspected to involve, or may involve, improper conduct.
- (a) ask the commission to give a report on the matter to the committee;
- (b) ask the commission to investigate and give a report on the matter to the committee;
- (c) ask the police service or another law enforcement agency to investigate and give a report on the matter to the committee;
- (d) ask the parliamentary commissioner to investigate and give a report on the matter to the committee;
- (e) refer the matter to the director of public prosecutions;
- (f) take other action the committee considers appropriate.