NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL ACT 1992 - SECT 76 Disclosure of interests of Commissioner in relation to investigation
NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL ACT 1992 - SECT 76
Disclosure of interests of Commissioner in relation to investigation(a) the Commissioner is investigating, or is to investigate, a complaint concerning reviewable action; and
(b) the Commissioner has, or acquires, an interest that could conflict with the proper performance of the Commissioner's functions in relation to the investigation;
(c) must disclose the interest to the complainant and the Minister; and
(d) may proceed with the investigation only if the complainant and the Minister agree.
(2) If, in relation to the investigation of a complaint:
(a) the Commissioner discloses an interest under subsection ( 1); and
(b) the complainant or the Minister does not agree to the Commissioner proceeding with the investigation;
the Minister may appoint a person to perform the functions and exercise the powers of the Commissioner in relation to the complaint.
(3) A person appointed by the Minister under subsection ( 2) is to be appointed:
(a) on such terms and conditions; and
(4) Any recommendation made by a person appointed under
subsection ( 2) in relation to a complaint has the same effect as if it
had been made by the Commissioner.