45Own-motion investigations

### 45 Own-motion investigations > > (1)  [*\[Section 45 Subsection (1) amended by No. 55 of 2011, s. 9, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS9@Hpa@EN) The Board may determine to conduct an investigation on its own motion in respect of any matter that is relevant to the achievement of the objectives of this Act in relation to misconduct, including but not limited to – > > > > > > (a) an investigation into misconduct by a public officer; and > > > > > > > (b) an investigation into misconduct by a designated public officer; and > > > > > > > (c) an investigation into misconduct or serious misconduct generally; and > > > > > > > (d) an investigation into any of the policies, practices or procedures of a public authority or of a public officer, or the failure of those policies, practices or procedures. > > > (2)  [*\[Section 45 Subsection (2) amended by No. 55 of 2011, s. 9, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS9@Hpb@EN) If the Board makes a determination under [subsection (1)](#GS45@Gs1@EN) , it is to advise the chief executive officer of the determination and the chief executive officer is to appoint an investigator to conduct an investigation – > > > > > > (a) into whether or not any particular public officer, designated public officer or other person may have committed misconduct; or > > > > > > > (b) [*\[Section 45 Subsection (2) amended by No. 55 of 2011, s. 9, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS9@Hpc@EN) into whether or not any serious misconduct or other misconduct has occurred; or > > > > > > > (c) [*\[Section 45 Subsection (2) amended by No. 55 of 2011, s. 9, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS9@Hpd@EN) into whether or not any person under investigation who was a public officer at any relevant time is still a public officer at the time of the investigation; or > > > > > > > (d) [*\[Section 45 Subsection (2) amended by No. 55 of 2011, s. 9, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS9@Hpe@EN) into any of the policies, practices or procedures of a public authority or of a public officer, or the failure of those policies, practices or procedures. > > > (3)  If the Board makes a determination under [subsection (1)](#GS45@Gs1@EN) , the chief executive officer may, if he or she considers it appropriate, give written notice of the investigation to – > > > > > > (a) the principal officer of any relevant public authority; and > > > > > > > (b) any responsible Minister; and > > > > > > > (c) any public officer suspected of misconduct. > > > (4)  [Section 98](#GS98@EN) applies to a notice under [subsection (3)](#GS45@Gs3@EN) if the notice provides that it is a confidential document.