37Recommendation of sanctions

37 Recommendation of sanctions

(1) The Commission may recommend that one or more of the sanctions specified in subsection (2) be imposed on the Premier in connection with—

(a) a finding of improper conduct by the Premier; or

(b) a finding of detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 by the Premier; or

(c) a failure by the Premier to comply with an investigation request without reasonable excuse.

(2) The following sanctions are specified for subsection (1)—

(a) a requirement to give a written apology or explanation to the person who made the disclosure that was determined to be the public interest complaint;

(b) a requirement to participate in a facilitated meeting with the person who made the disclosure that was determined to be the public interest complaint;

(c) any other sanction that the Commission considers appropriate.

(3) The Commission may recommend that one or more of the sanctions specified in subsection (4) be imposed on a Minister (other than the Premier) or Parliamentary Secretary in connection with—

(a) a finding of improper conduct by the Minister or Parliamentary Secretary; or

(b) a finding of detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 by the Minister or Parliamentary Secretary; or

(c) a failure by the Minister or Parliamentary Secretary to comply with an investigation request without reasonable excuse.

(4) The following sanctions are specified for subsection (3)—

(a) a requirement to give a written apology or explanation to the person who made the disclosure that was determined to be the public interest complaint;

(b) a requirement to participate in a facilitated meeting with the person who made the disclosure that was determined to be the public interest complaint;

(c) withdrawal of services, removal of access to certain facilities or any other personal restriction relating to the functions of the Minister or Parliamentary Secretary;

(d) withdrawal of the person's commission or appointment as a Minister or Parliamentary Secretary;

(e) any other sanction that the Commission considers appropriate.

(5) The Commission may recommend that one or more of the sanctions specified in subsection (6) be imposed on a Member in connection with—

(a) a finding of improper conduct by the Member; or

(b) a finding of detrimental action against a person in contravention of section 45 of the by the Member; or