CRIME AND CORRUPTION ACT 2001 - SECT 314 Functions of parliamentary commissioner

CRIME AND CORRUPTION ACT 2001 - SECT 314

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.