33Duty to notify Commission of possible officer misconduct and serious maladministration

#### 33 Duty to notify Commission of possible officer misconduct and serious maladministration 33 Duty to notify Commission of possible officer misconduct and serious maladministration > > (1) This section applies to the following officers— > > > > > (a) the Ombudsman, > > > > > (b) the Crime Commissioner, > > > > > (c) the Commissioner of Police, > > > > > (d) the ICAC Commissioner, > > > > > (e) the principal officer of a public authority, > > > > > (e1) the Children’s Guardian, > > > > > (f) an officer who constitutes a public authority. > > > (2) An officer to whom this section applies is under a duty to report to the Commission any matter that the officer suspects on reasonable grounds concerns or may concern officer misconduct or serious maladministration unless the matter is of a kind that any guideline issued under subsection (5) provides does not need to be reported. > > > (3) The report must be in writing. > > > (4) However, the Commission— > > > > > (a) may accept a report that is not in writing if the Commission considers it appropriate to do so, and > > > > > (b) in that event, must reduce the report to writing as soon as practicable. > > > (5) The Commission may issue guidelines as to what matters need or need not be reported. > > > (6) A report must be provided in accordance with this section despite any prohibition in, or any requirement of, any Act or law (in particular, the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) and the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071)) but only to the extent that it contains information that is relevant to the officer misconduct or serious maladministration concerned. > > > (7) For the purposes of this section, the regulations may prescribe who is the principal officer of a public authority, but in the absence of regulations applying in relation to a particular public authority, the principal officer is the person who is the head of the authority, its most senior officer or the person normally entitled to preside at its meetings. > > Note. > > Police officers are also under duties with respect to reporting misconduct—see section 211F of the [Police Act 1990](/view/html/inforce/current/act-1990-047). > > **s 33:** Am 2019 No 25, Sch 5.25\[3\].