(1) The commission deals with a complaint about, or information or matter
(also a
"complaint" ) involving, corruption by—
(a) expeditiously assessing each
complaint about corruption made or notified to it, or otherwise coming to its
attention; and
(b) taking the action the commission considers most
appropriate in the circumstances having regard to the principles set out in
section 34.
(2) The commission may take the following action—
(a) deal
with each complaint about corrupt conduct that it considers should not be
referred to a public official to be dealt with;
(b) refer a complaint about
corrupt conduct to a public official to be dealt with by the public official
or in cooperation with the commission, subject to the commission’s
monitoring role;
(c) without limiting paragraph (b) , refer a complaint about
corrupt conduct of a person holding an appointment in a unit of public
administration that may involve criminal activity to the commissioner of
police to be dealt with;
(d) if it is a complaint about police misconduct
notified to the commission by the commissioner of police—allow the
commissioner of police to continue to deal with the complaint, subject to the
commission’s monitoring role;
(e) if it is a complaint about police
misconduct made to the commission by someone other than the commissioner of
police—give the complaint to the commissioner of police to be dealt with,
subject to the commission’s monitoring role;
(f) if a public official asks
the commission to deal with a complaint or to deal with a complaint in
cooperation with the public official—
(ii)
deal with the complaint in cooperation with the public official; or
(iii)
advise the public official that the commission considers that it is
appropriate that the public official continue to deal with the complaint,
subject to the commission’s monitoring role;
(3) For taking action, or action taken, under subsection
(2) for a complaint, the commission may require a public official to provide
stated information about the complaint in the way and at the times the
commission directs.
(4) A public official must comply with a requirement made
under subsection (3) .
(5) If a person makes a complaint that is dealt with
by the commission, the commission must give the person a response stating—
(a) if no action is taken by the commission on the complaint or action to deal
with the complaint is discontinued by the commission—the reason for not
taking action or discontinuing the action; or
(b) if action is taken on the
complaint by the commission—
(i) the action taken; and
(ii) the reason the
commission considers the action to be appropriate in the circumstances; and
(iii) any results of the action that are known at the time of the response.
(6) However, the commission is not required to give a response—
(a) to the
person if—
(i) the person has not given his or her name and address or does
not require a response; or
(ii) the commission has given a notice, or is
entitled to give a notice, under section 216to the person in relation to the
complaint; or
(b) that discloses information the disclosure of which would be
contrary to the public interest.
(7) Nothing in this part limits the
commission from providing information about the conduct of a person to a
public official for use in the proper performance of the public official’s
functions.