76Disclosure of interests of Commissioner in relation to investigation

76 Disclosure of interests of Commissioner in relation to investigation

(1) If: (a) the Commissioner is investigating, or is to investigate, a complaint concerning reviewable action; and (b) the Commissioner has, or acquires, an interest that could conflict with the proper performance of the Commissioner’s functions in relation to the investigation; the Commissioner: (c) must disclose the interest to the complainant and the Minister; and (d) may proceed with the investigation only if the complainant and the Minister agree. (2) If, in relation to the investigation of a complaint: (a) the Commissioner discloses an interest under subsection (1); and (b) the complainant or the Minister does not agree to the Commissioner proceeding with the investigation; the Minister may appoint a person to perform the functions and exercise the powers of the Commissioner in relation to the complaint. (3) A person appointed by the Minister under subsection (2) is to be appointed: (a) on such terms and conditions; and (b) for such period; as the Minister determines. (4) Any recommendation made by a person appointed under subsection (2) in relation to a complaint has the same effect as if it had been made by the Commissioner.