sec.35How commission performs its corruption functions

### sec.35 How commission performs its corruption functions Without limiting how the commission may perform its corruption functions, it performs its corruption functions by doing 1 or more of the following— expeditiously assessing complaints about, or information or matters (also complaints ) involving, corruption made or notified to it; referring complaints about corruption within a unit of public administration to a relevant public official to be dealt with by the public official; performing its monitoring role for police misconduct as provided for under section 47 (1) ; performing its monitoring role for corrupt conduct as provided for under section 48 (1) ; dealing with complaints about corrupt conduct, by itself or in cooperation with a unit of public administration; investigating and otherwise dealing with, on its own initiative— the incidence, or particular cases, of corruption throughout the State; or the matters mentioned in section 33 (2) ; assuming responsibility for, and completing, an investigation, by itself or in cooperation with a unit of public administration, if the commission considers that action to be appropriate having regard to the principles set out in section 34 ; when conducting or monitoring investigations, gathering evidence for or ensuring evidence is gathered for— the prosecution of persons for offences; or disciplinary proceedings against persons; assessing the appropriateness of systems and procedures adopted by a unit of public administration for dealing with complaints about corruption; providing advice and recommendations to a unit of public administration about dealing with complaints about corruption in an appropriate way; providing information generally about how it performs its corruption functions by reporting and making statements to the public; reporting on investigations to appropriate authorities and entities if it decides that prosecution proceedings or disciplinary action should be considered; providing information to the public and to appropriate authorities and entities, by reporting and making public statements, about particular complaints or particular investigations if the commission considers it appropriate and necessary in the circumstances to do so to— provide transparency about how it performs its corruption functions; or assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or continuously improve the integrity of, and reduce the incidence of corruption in, the public sector. In performing its corruption functions in a way mentioned in subsection (1) , the commission should, whenever possible, liaise with a relevant public official. In performing its corruption function under section 33 (1) (b) , the commission must focus on more serious cases of corrupt conduct and cases of systemic corrupt conduct within a unit of public administration. s 35 amd 2014 No. 21 s 14 ; 2016 No. 19 s 10 ; 2018 No. 29 s 8 ; 2025 No. 7 s 4 (sec.35-ssec.1) Without limiting how the commission may perform its corruption functions, it performs its corruption functions by doing 1 or more of the following— expeditiously assessing complaints about, or information or matters (also complaints ) involving, corruption made or notified to it; referring complaints about corruption within a unit of public administration to a relevant public official to be dealt with by the public official; performing its monitoring role for police misconduct as provided for under section 47 (1) ; performing its monitoring role for corrupt conduct as provided for under section 48 (1) ; dealing with complaints about corrupt conduct, by itself or in cooperation with a unit of public administration; investigating and otherwise dealing with, on its own initiative— the incidence, or particular cases, of corruption throughout the State; or the matters mentioned in section 33 (2) ; assuming responsibility for, and completing, an investigation, by itself or in cooperation with a unit of public administration, if the commission considers that action to be appropriate having regard to the principles set out in section 34 ; when conducting or monitoring investigations, gathering evidence for or ensuring evidence is gathered for— the prosecution of persons for offences; or disciplinary proceedings against persons; assessing the appropriateness of systems and procedures adopted by a unit of public administration for dealing with complaints about corruption; providing advice and recommendations to a unit of public administration about dealing with complaints about corruption in an appropriate way; providing information generally about how it performs its corruption functions by reporting and making statements to the public; reporting on investigations to appropriate authorities and entities if it decides that prosecution proceedings or disciplinary action should be considered; providing information to the public and to appropriate authorities and entities, by reporting and making public statements, about particular complaints or particular investigations if the commission considers it appropriate and necessary in the circumstances to do so to— provide transparency about how it performs its corruption functions; or assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or continuously improve the integrity of, and reduce the incidence of corruption in, the public sector. (sec.35-ssec.2) In performing its corruption functions in a way mentioned in subsection (1) , the commission should, whenever possible, liaise with a relevant public official. (sec.35-ssec.3) In performing its corruption function under section 33 (1) (b) , the commission must focus on more serious cases of corrupt conduct and cases of systemic corrupt conduct within a unit of public administration. - (a) expeditiously assessing complaints about, or information or matters (also complaints ) involving, corruption made or notified to it; - (b) referring complaints about corruption within a unit of public administration to a relevant public official to be dealt with by the public official; - (c) performing its monitoring role for police misconduct as provided for under section 47 (1) ; - (d) performing its monitoring role for corrupt conduct as provided for under section 48 (1) ; - (e) dealing with complaints about corrupt conduct, by itself or in cooperation with a unit of public administration; - (f) investigating and otherwise dealing with, on its own initiative— (i) the incidence, or particular cases, of corruption throughout the State; or (ii) the matters mentioned in section 33 (2) ; - (i) the incidence, or particular cases, of corruption throughout the State; or - (ii) the matters mentioned in section 33 (2) ; - (g) assuming responsibility for, and completing, an investigation, by itself or in cooperation with a unit of public administration, if the commission considers that action to be appropriate having regard to the principles set out in section 34 ; - (h) when conducting or monitoring investigations, gathering evidence for or ensuring evidence is gathered for— (i) the prosecution of persons for offences; or (ii) disciplinary proceedings against persons; - (i) the prosecution of persons for offences; or - (ii) disciplinary proceedings against persons; - (i) assessing the appropriateness of systems and procedures adopted by a unit of public administration for dealing with complaints about corruption; - (j) providing advice and recommendations to a unit of public administration about dealing with complaints about corruption in an appropriate way; - (k) providing information generally about how it performs its corruption functions by reporting and making statements to the public; - (l) reporting on investigations to appropriate authorities and entities if it decides that prosecution proceedings or disciplinary action should be considered; - (m) providing information to the public and to appropriate authorities and entities, by reporting and making public statements, about particular complaints or particular investigations if the commission considers it appropriate and necessary in the circumstances to do so to— (i) provide transparency about how it performs its corruption functions; or (ii) assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or (iii) continuously improve the integrity of, and reduce the incidence of corruption in, the public sector. - (i) provide transparency about how it performs its corruption functions; or - (ii) assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or - (iii) continuously improve the integrity of, and reduce the incidence of corruption in, the public sector. - (i) the incidence, or particular cases, of corruption throughout the State; or - (ii) the matters mentioned in section 33 (2) ; - (i) the prosecution of persons for offences; or - (ii) disciplinary proceedings against persons; - (i) provide transparency about how it performs its corruption functions; or - (ii) assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or - (iii) continuously improve the integrity of, and reduce the incidence of corruption in, the public sector.