Div 5Other matters

Division 5—Other matters 14—Staff (1) The Commissioner's staff consists of— (a) Public Service employees assigned to work in the office of the Commissioner under this Act; and (b) any person appointed under subsection (3). (2) The Minister may, by notice in the Gazette— (a) exclude Public Service employees who are members of the Commissioner's staff from specified provisions of the Public Sector Act 2009; and (b) if the Minister thinks that certain provisions should apply to such employees instead of those excluded under paragraph (a)—determine that those provisions will apply, and such a notice will have effect according to its terms. (3) The Commissioner may, with the consent of the Minister, appoint staff for the purposes of this Act. (4) The terms and conditions of employment of a person appointed under subsection (3) will be determined by the Governor and such a person will not be a Public Service employee. (5) The Commissioner may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit. 16—Annual report (1) The Commissioner must, on or before 30 September in every year, forward a report to the Minister on the work of the Commissioner under this Act during the financial year ending on the preceding 30 June. (1a) Without limiting matters that may be included in a report of the Commissioner under subsection (1), each report— (a) must include the following information relating to the relevant financial year: (i) the number, type and sources of complaints made; (ii) a summary of all assessments and determinations made under section 29 in relation to a complaint; (iii) a summary of all determinations under section 33 to take no further action in relation to a complaint; (iv) if a complaint was referred for conciliation—the outcome of the conciliation; (v) if a complaint was dealt with under Part 7—the outcome of any action taken by a registration authority; (vi) a summary of all investigations conducted by the Commissioner under Part 6, including the outcomes of those investigations; (vii) a summary of the time taken for complaints to be dealt with under the Act; (viii) a summary of all complaints not finally dealt with by the Commissioner; and (b) may include the following information relating to the relevant financial year: (i) such information relating to complaints (other than that required to be included under paragraph (a)) as the Commissioner thinks fit; (ii) any report made to the Minister under section 54; (iii) if a complaint was dealt with under Part 7—a summary of any advice, notification or information provided to the Commissioner in relation to the complaint by a registration authority. (1b) Matters included in a report under subsection (1)— (a) are to be reported, as far as practicable, according to professional groupings (as determined by the Commissioner); and (b) must not identify a person who has made a complaint, a person in relation to whom a complaint has been made or a person who has been subject to an investigation under this Act, unless the identity of the person has already been lawfully made public. (2) The Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. 17—Other reports (1) The Commissioner may, at any time, prepare a report to the Minister on any matter arising out of the exercise of the Commissioner's functions under this Act. (2) Subject to subsection (3), the Minister must, within 2 weeks after receiving a report under this section, have copies of the report laid before both Houses of Parliament. (3) If the Minister cannot comply with subsection (2) because Parliament is not sitting, the Minister must deliver copies of the report to the President and the Speaker and the President and the Speaker must then— (a) immediately cause the report to be published; and (b) lay the report before their respective Houses at the earliest opportunity. (4) A report will, when published under subsection (3)(a), be taken for the purposes of any other Act or law to be a report of the Parliament published under the authority of the Legislative Council and the House of Assembly. 18—Immunity (1) The Commissioner, a member of a committee appointed under this Part, a conciliator or a professional mentor incurs no civil liability for an honest act or omission in the performance or exercise, or purported performance or exercise, of a function or power under this Act. (2) The immunity under subsection (1) does not extend to culpable negligence. (3) A civil liability that would, but for this section, attach to a person attaches instead to the Crown.