28Functions regarding evidence and information collected

28 Functions regarding evidence and information collected

28 Functions regarding evidence and information collected

(1) The functions of the Commission include the following—

(a) to assemble evidence that may be admissible in the prosecution of a person for a criminal offence against the law of the State and to give any such evidence to the Director of Public Prosecutions,

(b) to assemble evidence that may be used in—

(i) the investigation (whether by the Commission or by any other body) of a misconduct matter, or

(ii) deciding whether to take action under section 173 or 181D of the Police Act 1990,

and to give any such evidence to the Minister, the Commissioner of Police, Crime Commissioner or other appropriate authority in the State,

(c) to assemble evidence that may be used in deciding to take disciplinary action against a person (other than a police officer) for a disciplinary infringement under the law of the State and to give any such evidence to the appropriate authority in the State,

(d) to assemble evidence obtained in the course of investigations by the Commission (being evidence that may be admissible in the prosecution of a person for a criminal offence against or a disciplinary infringement under the law of the Commonwealth or another State or Territory) and give it to the Attorney General, and Minister for the Prevention of Domestic Violence or to the appropriate prosecutorial authority in the jurisdiction concerned.

(2) Evidence of the kind referred to in subsection (1) may be accompanied by any observations that the Commission thinks appropriate and (in the case of evidence given to the Attorney General, and Minister for the Prevention of Domestic Violence) recommendations as to what action the Commission considers should be taken in relation to the evidence.

(3) A copy or detailed description of any evidence given to the appropriate prosecutorial authority in another jurisdiction, together with a copy of any accompanying observations, is to be given to the Attorney General, and Minister for the Prevention of Domestic Violence.

Note.

The Attorney General, and Minister for the Prevention of Domestic Violence may consent to the Director of Public Prosecutions and certain other officers instituting and conducting prosecutions for Commonwealth offences—see section 24 of the .