Parliamentary Commissioner Act 1971 (WA)

Western Australia Parliamentary Commissioner Act 1971 Western Australia Parliamentary Commissioner Act 1971 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 4. Terms used 1 4A. Term used: authority 1 Part II — The Parliamentary Commissioner for Administrative Investigations 5. Commissioner and Deputy Commissioner, appointment of etc. 1 6. Removal or suspension of Commissioner or Deputy Commissioner 1 6A. Deputy Parliamentary Commissioner, functions of 1 7. Acting Parliamentary Commissioner, appointment of etc. 1 8. Oath or affirmation of Commissioner, Deputy Commissioner and Acting Commissioner 1 9. Staff of Commissioner 1 10. Other provisions as to Commissioner and other officers 1 11. Delegation by Commissioner 1 12. Rules of Parliament 1 Part III — Jurisdiction and functions of the Commissioner Division 1 — Extent of jurisdiction 13. Departments and authorities subject to investigation 1 14. Matters subject to investigation 1 Division 2 — Initiation of investigations 15. Investigations on reference by Parliament 1 16. Initiation of investigations 1 17. Complaints to Commissioner 1 17A. Complaints by persons in custody 1 18. Refusal to investigate complaints 1 Division 3A — Deaths of certain children 19A. Terms used 1 19B. Functions as to investigable deaths 1 Division 3B — Reportable conduct scheme Subdivision 1 — Preliminary 19C. Terms used 1 19D. Employees of relevant entities 1 19E. Head of a relevant entity 1 19F. Reportable allegation 1 19G. Reportable conduct 1 19H. Reportable conviction 1 19I. Entities to which reportable conduct scheme applies 1 19J. Object and principles 1 19K. Paramount consideration 1 19L. Certain provisions not applicable if entity is agent of Crown 1 Subdivision 2 — Role of Commissioner 19M. Functions of Commissioner in relation to scheme 1 19N. Commissioner may exempt conduct 1 19O. Commissioner may exempt entities 1 19P. Commissioner may exempt investigations 1 19Q. Commissioner may approve head of relevant entity in certain circumstances 1 Subdivision 3 — Systems to deal with reportable conduct 19R. Head of relevant entity must ensure systems in place 1 19S. Commissioner may require information about systems 1 Subdivision 4 — Notice, investigation and reporting 19T. Report of reportable allegation or reportable conviction 1 19U. Head of relevant entity must notify Commissioner 1 19V. Information may be disclosed to Commissioner or head of entity 1 19W. Head of relevant entity must respond to reportable allegation or reportable conviction 1 19X. Informing employee of certain matters and giving employee opportunity to make submissions 1 19Y. Commissioner must be notified of matters affecting investigation 1 19Z. Head of relevant entity must report outcome of investigation to Commissioner 1 19ZA. Head of relevant entity must report outcome of investigation to employee if employee informed of investigation 1 19ZB. Commissioner may conduct own investigation 1 19ZC. Notice to head of relevant entity of Commissioner's investigation 1 19ZD. Provisions relating to investigation under section 19ZB(1)(a) 1 19ZE. Provision relating to investigation under section 19ZB(1)(b) or (c) 1 19ZF. Application to State Administrative Tribunal for review 1 19ZG. Concurrent investigations or proceedings 1 Subdivision 5 — Disclosure of information 19ZH. Disclosure of information to child, parent, guardian or other person with parental responsibility 1 19ZI. Commissioner may request information about reportable convictions 1 19ZJ. Prohibition on publishing certain information 1 Subdivision 6 — Review of amendments made by Parliamentary Commissioner Amendment (Reportable Conduct) Act 2022 19ZK. Review of amendments made by Parliamentary Commissioner Amendment (Reportable Conduct) Act 2022 1 Division 3 — Conduct of investigations 19. Proceedings on investigations 1 20. Commissioner has powers under Royal Commissions Act 1968; privilege and secrecy provisions 1 21. Power to enter premises 1 22. Protection for proceedings in Cabinet 1 22A. Consultation other than in relation to reportable conduct scheme 1 22AA. Consultation in relation to reportable conduct scheme 1 22B. Disclosure of certain information other than in relation to reportable conduct scheme 1 22C. Disclosure of certain information in relation to reportable conduct scheme 1 23. Secrecy 1 23A. Certain documents sent to or by Commissioner not admissible 1 24. Obstruction 1 Division 4 — Action on investigations 25. Procedure on completion of investigation 1 26. Information to complainant on investigation 1 Division 5 — Annual and other reports of the Commissioner 27. Commissioner may report to Parliament 1 28. Annual report to include report on reportable conduct scheme 1 Part IV — Miscellaneous 29. Supreme Court may determine jurisdictional questions 1 29A. Delegation by Commissioner of Police 1 30. Protection of Commissioner and officers 1 30A. Protection of complainants etc. 1 30AA. Protection from liability for giving information: reportable conduct scheme 1 30B. Victimisation 1 31. General penalty 1 32. Expenses of Act 1 33. Regulations 1 34. Energy and water ombudsman schemes 1 Schedule 1 — Departments and authorities, and extent, to which this Act does not apply Schedule 2 — Relevant entities to which this Act applies Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Parliamentary Commissioner Act 1971 An Act to provide for the appointment of a Parliamentary Commissioner for Administrative Investigations with functions relating to the investigation of administrative action taken by or on behalf of certain departments and authorities, to the deaths of certain children and to the reportable conduct scheme and for incidental purposes. [Long title amended: No. 78 of 1996 s. 4; No. 78 of 2003 s. 72(1); No. 10 of 2009 s. 4; No. 25 of 2022 s. 4.]