104First Peoples' Assembly may direct Nginma Ngainga Wara to conduct inquiry

104 First Peoples' Assembly may direct Nginma Ngainga Wara to conduct inquiry

(1) The First Peoples' Assembly may refer to Nginma Ngainga Wara for inquiry any of the following matters if the First Peoples' Assembly considers it requires recommendations on the matter—

(b) performance of any agency or Minister in relation to impacts on First Peoples including in relation to State government outcomes directed to First Peoples relevant to that agency's or Minister's functions;

(2) Subject to section 106, Nginma Ngainga Wara must conduct an inquiry into any matter referred by the First Peoples' Assembly unless—

(a) Nginma Ngainga Wara determines that the matter is not a matter specified in subsection (1); or

(b) Nginma Ngainga Wara determines that the matter is not systemic or structural; or

(c) Nginma Ngainga Wara determines that it does not have sufficient resources to conduct the inquiry; or

(d) Nginma Ngainga Wara refers the matter under section 113; or

Nginma Ngainga Wara may refer matters including those relating to individuals to other persons and bodies—see section 113.

(e) Nginma Ngainga Wara considers that the inquiry could prejudice any legal proceeding or any investigation of a law enforcement agency; or

(f) Nginma Ngainga Wara considers that the matter has already been investigated by another person or body with jurisdiction.

(3) Nginma Ngainga Wara must notify the First Peoples' Assembly in writing of a determination or referral under subsection (2).