sec.49Reports about complaints dealt with by the commission

### sec.49 Reports about complaints dealt with by the commission This section applies if the commission investigates (either by itself or in cooperation with a public official), or assumes responsibility for the investigation of, a complaint about, or information or matter involving, corruption and decides that prosecution proceedings or disciplinary action should be considered. The commission may report on the investigation to any of the following as appropriate— a prosecuting authority, for the purpose of any prosecution proceedings; Section 49B applies if the commission intends reporting to a prosecuting authority in relation to a corruption offence arising from a corruption investigation. the Chief Justice, if the report relates to conduct of a judge of, or other person holding judicial office in, the Supreme Court; the Chief Judge of the District Court, if the report relates to conduct of a District Court judge; the President of the Childrens Court, if the report relates to conduct of a person holding judicial office in the Childrens Court; the Chief Magistrate, if the report relates to conduct of a magistrate; the chief executive officer of a relevant unit of public administration, for the purpose of taking disciplinary action, if the report does not relate to the conduct of a judge, magistrate or other holder of judicial office. If the commission decides that prosecution proceedings for an offence under the Criminal Code , section 57 should be considered, the commission must report on the investigation to the Attorney-General. A report made under subsection (2) or (3) must contain, or be accompanied by, all relevant information known to the commission that— supports a charge that may be brought against any person as a result of the report; or supports a defence that may be available to any person liable to be charged as a result of the report; or supports the start of a proceeding under section 219F , 219FA or 219G against any person as a result of the report; or supports a defence that may be available to any person subject to a proceeding under section 219F , 219FA or 219G as a result of the report. Also, if the director of public prosecutions has given the commission written advice under section 49B in relation to an investigation, a report made under subsection (2) (a) or (3) about the investigation must be accompanied by the advice. In this section— prosecuting authority — includes a police officer seconded to the commission under section 255 ; but does not include the director of public prosecutions. s 49 amd 2002 No. 68 s 283 sch 3 ; 2009 No. 24 s 1398 ; 2012 No. 18 s 7 ; 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 12 ; 2019 No. 32 s 32 sch 1 ; 2024 No. 41 s 6 (sec.49-ssec.1) This section applies if the commission investigates (either by itself or in cooperation with a public official), or assumes responsibility for the investigation of, a complaint about, or information or matter involving, corruption and decides that prosecution proceedings or disciplinary action should be considered. (sec.49-ssec.2) The commission may report on the investigation to any of the following as appropriate— a prosecuting authority, for the purpose of any prosecution proceedings; Section 49B applies if the commission intends reporting to a prosecuting authority in relation to a corruption offence arising from a corruption investigation. the Chief Justice, if the report relates to conduct of a judge of, or other person holding judicial office in, the Supreme Court; the Chief Judge of the District Court, if the report relates to conduct of a District Court judge; the President of the Childrens Court, if the report relates to conduct of a person holding judicial office in the Childrens Court; the Chief Magistrate, if the report relates to conduct of a magistrate; the chief executive officer of a relevant unit of public administration, for the purpose of taking disciplinary action, if the report does not relate to the conduct of a judge, magistrate or other holder of judicial office. (sec.49-ssec.3) If the commission decides that prosecution proceedings for an offence under the Criminal Code , section 57 should be considered, the commission must report on the investigation to the Attorney-General. (sec.49-ssec.4) A report made under subsection (2) or (3) must contain, or be accompanied by, all relevant information known to the commission that— supports a charge that may be brought against any person as a result of the report; or supports a defence that may be available to any person liable to be charged as a result of the report; or supports the start of a proceeding under section 219F , 219FA or 219G against any person as a result of the report; or supports a defence that may be available to any person subject to a proceeding under section 219F , 219FA or 219G as a result of the report. (sec.49-ssec.5) Also, if the director of public prosecutions has given the commission written advice under section 49B in relation to an investigation, a report made under subsection (2) (a) or (3) about the investigation must be accompanied by the advice. (sec.49-ssec.6) In this section— prosecuting authority — includes a police officer seconded to the commission under section 255 ; but does not include the director of public prosecutions. - (a) a prosecuting authority, for the purpose of any prosecution proceedings; Note— Section 49B applies if the commission intends reporting to a prosecuting authority in relation to a corruption offence arising from a corruption investigation. - (b) the Chief Justice, if the report relates to conduct of a judge of, or other person holding judicial office in, the Supreme Court; - (c) the Chief Judge of the District Court, if the report relates to conduct of a District Court judge; - (d) the President of the Childrens Court, if the report relates to conduct of a person holding judicial office in the Childrens Court; - (e) the Chief Magistrate, if the report relates to conduct of a magistrate; - (f) the chief executive officer of a relevant unit of public administration, for the purpose of taking disciplinary action, if the report does not relate to the conduct of a judge, magistrate or other holder of judicial office. - (a) supports a charge that may be brought against any person as a result of the report; or - (b) supports a defence that may be available to any person liable to be charged as a result of the report; or - (c) supports the start of a proceeding under section 219F , 219FA or 219G against any person as a result of the report; or - (d) supports a defence that may be available to any person subject to a proceeding under section 219F , 219FA or 219G as a result of the report. - (a) includes a police officer seconded to the commission under section 255 ; but - (b) does not include the director of public prosecutions.