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.