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](/view/html/inforce/current/act-1990-047), > > > > > > 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 [Director of Public Prosecutions Act 1986](/view/html/inforce/current/act-1986-207). > > > (4) If the Commission obtains any information in the course of investigations by the Commission relating to the exercise of the functions of another public authority, the Commission may, if it thinks it desirable to do so— > > > > > (a) give the information or a report of the information to the authority or the Minister for the authority, and > > > > > (b) make to the authority or the Minister for the authority such recommendations (if any) relating to the exercise of the functions of the authority as the Commission thinks appropriate. > > > (5) A copy of any information or report given to a public authority under subsection (4), together with a copy of any such recommendation, is to be given to the Minister for the authority. > > > (6) If the Commission gives any evidence or information to a person under this section on the understanding that the information is confidential, the person is subject to the secrecy provisions of section 180 in relation to the evidence or information. > > > (7) In this section— > > > > prosecutorial authority means the following— > > > > > (a) the Director of Public Prosecutions, > > > > > (b) the Director of Public Prosecutions of the Commonwealth, > > > > > (c) the Director of Public Prosecutions of another State or Territory, > > > > > (d) any other authority or person prescribed by the regulations for the purposes of this definition. > > **s 28:** Am 2019 No 25, Sch 5.25\[2\].