83Inquiries by Public Service Commissioner or Secretary of Premier’s Department into government sector agencies

#### 83 Inquiries by Public Service Commissioner or Secretary of Premier’s Department into government sector agencies 83 Inquiries by Public Service Commissioner or Secretary of Premier’s Department into government sector agencies > > (1) In this section— > > > > Secretary means the Secretary of the Premier’s Department. > > > (2) The Commissioner or Secretary may conduct an inquiry into any matter relating to the administration or management of a government sector agency. > > > (2A) The Commissioner or Secretary may appoint a person to act on behalf of the Commissioner or Secretary for the purposes of conducting an inquiry under this section. Any such person is to act under the direction of the Commissioner or Secretary and has the functions conferred on the Commissioner or Secretary under this section. > > > (3) An inquiry is not to be conducted by the Secretary into any matter that is the subject of an inquiry by the Commissioner, except with the concurrence of the Commissioner. > > > (4) The Commissioner or Secretary may, for the purposes of conducting an inquiry under this section— > > > > > (a) enter and inspect the premises of a government sector agency, and > > > > > (b) require the production of, and take copies of, any documents in the custody of an employee of the government sector agency, and > > > > > (c) for the purposes of further examination, take possession of, and remove, any of those documents, and > > > > > (d) require an employee of the government sector agency to answer questions, and > > > > > (e) require an employee of the government sector agency to provide such assistance and facilities as is or are necessary to enable the Commissioner or Secretary to exercise functions under this section. > > > > A reference in this subsection to an employee of a government sector agency includes a reference to any person who is engaged by the agency (whether directly or indirectly) under a contract for services. > > > (4A) The Commissioner or Secretary may— > > > > > (a) prepare a report on the conduct and findings, and any recommendations, of the inquiry, and > > > > > (b) publish the report, if the Commissioner or Secretary considers it is in the public interest to do so. > > > (4B) No civil or criminal action or proceedings may be brought in relation to the publication of the report or a copy of the report. > > > (5) This section does not affect the operation of section 82. > > > (6) The Secretary cannot conduct an inquiry under this section into the NSW Police Force. > > **s 83:** Am 2016 No 2, Sch 1 \[66\]–\[71\]; 2022 No 76, Sch 1\[6\]; 2023 No 35, Sch 4.14\[2\]–\[4\].