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CRIME AND CORRUPTION ACT 2001 - SECT 323A
Use of report on investigation conducted by parliamentary committee or parliamentary commissioner
323A Use of report on investigation conducted by parliamentary committee or
parliamentary commissioner
(1) This section applies if the Minister or chief executive officer receives a
report on an investigation into the conduct of a commission officer from the
parliamentary committee or the parliamentary commissioner. Note— See
section 314B in relation to reports given to the Minister or chief executive
officer by the parliamentary commissioner.
(2) The report may be used—
(a) by the Minister or chief executive officer for deciding whether to take
disciplinary action against the commission officer the subject of the report
and what disciplinary action should be taken; and
(b) for any
disciplinary proceeding relating to the commission officer.
(3) This section
applies despite section 323 or any other law providing for parliamentary
privilege in relation to the report.
(4) In this section—
"disciplinary action" , for a commission officer, means any action of a
disciplinary nature permitted to be taken against the officer under this Act,
another law or the officer’s terms of employment or engagement, including,
for example, terminating the person’s appointment, employment or engagement
under this Act. Note— See chapter 6 , part 1 , division 9 in relation to
disciplinary action against senior officers and commission staff and agents.
"disciplinary proceeding" , relating to a commission officer, means— (a) a
proceeding for taking disciplinary action against the officer; or
(b) a
proceeding for the review of, or appeal against, disciplinary action taken
against the officer; or
(c) a proceeding involving a claim for a remedy
relating to disciplinary action taken against the officer.
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