146Evidence of breach of duty or misconduct by staff member

146 Evidence of breach of duty or misconduct by staff member

Passing evidence on to head of law enforcement agency (1) If: (a) the Integrity Commissioner, in investigating a corruption issue or conducting a public inquiry, obtains evidence of a breach of duty or misconduct by a staff member of a law enforcement agency; and (b) the Integrity Commissioner is satisfied that the evidence may justify: (i) terminating the staff member’s employment or, if the staff member is a secondee to the law enforcement agency, the staff member’s secondment; or (ii) initiating disciplinary proceedings against the staff member; and (c) the Integrity Commissioner is satisfied that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so; the Integrity Commissioner must bring the evidence to the notice of the head of the law enforcement agency. Passing evidence on to head of secondee’s home agency (2) If: (a) the Integrity Commissioner, in investigating a corruption issue or conducting a public inquiry, obtains evidence of a breach of duty or misconduct by a staff member of a law enforcement agency; and (b) the staff member is a secondee to the law enforcement agency; and (c) the secondee is an employee of a government agency (the home agency); and (d) the Integrity Commissioner is satisfied that the evidence may justify: (i) terminating the secondee’s employment; or (ii) initiating disciplinary proceedings against the secondee; and (e) the Integrity Commissioner is satisfied that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so; the Integrity Commissioner must bring the evidence to the notice of: (f) the head of the home agency; and (g) if the home agency is a State or Territory government agency—the integrity agency (if any) for that State or Territory.