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CRIME AND CORRUPTION ACT 2001 - SECT 314
Functions of parliamentary commissioner
314 Functions of parliamentary commissioner
(1) The parliamentary commissioner has the functions given to the
parliamentary commissioner under this or another Act.
(2) The parliamentary
commissioner has the functions, as required by the parliamentary committee, to
do the following— (a) audit records kept by the commission and operational
files and accompanying documentary material held by the commission, including
current sensitive operations, including for the purpose of deciding the
following— (i) whether the commission has exercised power in an appropriate
way;
(ii) whether matters under investigation are appropriate for
investigation by the entity investigating or are more appropriately the
responsibility of another entity;
(iii) whether registers are up to date and
complete and all required documentation is on the file and correctly noted on
the registers;
(iv) whether required authorisations for the exercise of power
have been obtained;
(v) whether any policy or procedural guidelines set by
the commission have been strictly complied with;
(b) investigate, including
by accessing operational files of the commission to which the parliamentary
committee is denied access, complaints made against, or concerns expressed
about, the conduct or activities of— (i) the commission; or
(ii) a
commission officer;
(c) independently investigate allegations of possible
unauthorised disclosure of information or other material that, under this Act,
is confidential;
(d) inspect the register of confidential information kept
under section 67 to verify the commission’s reasons for withholding
information from the parliamentary committee;
(e) review reports given by the
commission to the parliamentary committee to verify their accuracy and
completeness, particularly in relation to an operational matter;
(f) report,
and make recommendations, to the parliamentary committee on the results of
performing the functions mentioned in paragraphs (a) to (e) ;
(g) perform
other functions the parliamentary committee considers necessary or desirable.
(3) A requirement under subsection (2) is effective only if it is made with
the bipartisan support of the parliamentary committee.
(4) The parliamentary
commissioner also has the function to investigate on his or her own initiative
a matter mentioned in subsection (2) (b) or (c) , or a matter notified to the
parliamentary commissioner under section 329 , if— (a) the matter relates to
conduct of a commission officer that involves or may involve corrupt conduct;
and
(b) the parliamentary commissioner is satisfied, on reasonable grounds—
(i) the commission has not adequately dealt with the matter; or
(ii) the
commission may not adequately deal with the matter; or
(iii) it is in the
public interest.
(5) The parliamentary commissioner may conduct a preliminary
assessment of a matter to decide whether subsection (4) (a) and (b) is
satisfied for the matter.
(6) The parliamentary commissioner may exercise the
powers under section 317 , but not the powers under section 318 , for a
preliminary assessment under subsection (5) .
(7) If the parliamentary
commissioner decides to investigate a matter under subsection (4) or conduct a
preliminary assessment under subsection (5) , the parliamentary commissioner
must notify the parliamentary committee of the decision.
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