Queensland Consolidated Acts

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CRIME AND MISCONDUCT ACT 2001 - SECT 35

35 How commission performs its misconduct functions

(1) Without limiting how the commission may perform its misconduct functions, it performs its misconduct functions by doing 1 or more of the following--

(a) expeditiously assessing complaints about, or information or matters (also complaints) involving, misconduct made or notified to it;
(b) referring complaints about misconduct within a unit of public administration to a relevant public official to be dealt with by the public official;
(c) performing its monitoring role for police misconduct as provided for under section 47(1);
(d) performing its monitoring role for official misconduct as provided for under section 48(1);
(e) dealing with complaints about official misconduct, by itself or in cooperation with a unit of public administration;
(f) investigating and otherwise dealing with, on its own initiative, the incidence, or particular cases, of misconduct throughout the State;
(g) assuming responsibility for, and completing, an investigation, by itself or in cooperation with a unit of public administration, if the commission considers that action to be appropriate having regard to the principles set out in section 34;
(h) when conducting or monitoring investigations, gathering evidence for or ensuring evidence is gathered for--
(i) the prosecution of persons for offences; or
(ii) disciplinary proceedings against persons.

(2) In performing its misconduct functions in a way mentioned in subsection (1), the commission should, whenever possible, liaise with a relevant public official.



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