Queensland Consolidated Acts

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CRIME AND MISCONDUCT ACT 2001 - SECT 49

49 Reports about complaints dealt with by the commission

(1) This section applies if the commission investigates (either by itself or in cooperation with a public official), or assumes responsibility for the investigation of, a complaint about, or information or matter involving, misconduct and decides that prosecution proceedings or disciplinary action should be considered.

(2) The commission may report on the investigation to any of the following as appropriate--

(a) the director of public prosecutions, or other appropriate prosecuting authority, for the purposes of any prosecution proceedings the director or other authority considers warranted;
(b) the Chief Justice, if the report relates to conduct of a judge of, or other person holding judicial office in, the Supreme Court;
(c) the Chief Judge of the District Court, if the report relates to conduct of a District Court judge;
(d) the President of the Childrens Court, if the report relates to conduct of a person holding judicial office in the Childrens Court;
(e) the Chief Magistrate, if the report relates to conduct of a magistrate;
(f) the chief executive officer of a relevant unit of public administration, for the purpose of taking disciplinary action, if the report does not relate to the conduct of a judge, magistrate or other holder of judicial office.

(3) A report made under subsection (2) must contain, or be accompanied by, all relevant information known to the commission that--

(a) supports a charge that may be brought against any person as a result of the report; or
(b) supports a defence that may be available to any person liable to be charged as a result of the report.

(4) If the director of public prosecutions requires the commission to make further investigation or supply further information relevant to a prosecution, whether started or not, the commission must take all reasonable steps to further investigate the matter or provide the further information.



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