37Report of assessor

37 Report of assessor

(1)  On completion of an assessment or review of a complaint, the assessor is to prepare a report of his or her assessment and forward that report to the chief executive officer.

(2)  The report of the assessor is to recommend that the complaint –

(a) [Section 37 Subsection (2) amended by No. 55 of 2011, s. 8, Applied:22 Dec 2011] be dismissed under section 36 or not accepted; or

(b) be referred to the principal officer of any relevant public authority for investigation and action; or

(c) be referred to an appropriate integrity entity for investigation and action; or

(d) be referred to a Parliamentary integrity entity for investigation and action; or

(e) be referred to the Commissioner of Police for investigation if the assessor considers a crime or other offence may have been committed; or

(f) be referred to any other person who the assessor considers appropriate for investigation and action; or

(g) be investigated by the Integrity Commission.

(3)  In making his or her recommendation to the chief executive officer, the assessor may consider any or all of the following:

(a) the principles of operation of the Integrity Commission specified in section 9 ;

(b) the nature and seriousness of the alleged misconduct if it were to be proven;

(c) the capacity of any relevant public authority to investigate the complaint;

(d) whether it is in the public interest, or is likely to increase public confidence, for the Integrity Commission to investigate the complaint;

(e) any other matters the assessor considers relevant.