CHILD WELLBEING AND SAFETY ACT 2005 - SECT 16O Commission may investigate reportable allegation

CHILD WELLBEING AND SAFETY ACT 2005 - SECT 16O

    (1)     The Commission, of its own motion, may conduct an investigation concerning a reportable allegation against an employee of an entity if the Commission—

        (a)     receives information about the reportable allegation from any person; and

        (b)     believes on reasonable grounds that reportable conduct may have been committed by an employee of the entity; and

        (c)     considers that it is in the public interest that the Commission investigate the reportable allegation.

    (2)     The Commission, of its own motion, may conduct an investigation concerning a reportable allegation against an employee of an entity if the Commission is advised by the entity or a regulator of the employee that the entity or regulator will not or is unable to—

        (a)     investigate the reportable allegation; or

        (b)     engage an independent investigator to investigate the reportable allegation.

    (3)     The Commission, of its own motion or in response to a complaint, may conduct an investigation concerning any inappropriate handling of, or response to, a reportable allegation by an entity or a regulator if the Commission considers that it is in the public interest to do so.

    (4)     At the conclusion of an investigation by the Commission and after consultation with the relevant regulator, the Commission—

        (a)     must make findings, give reasons for the findings and make recommendations, if any, for action to be taken with respect to the matter investigated; and

        (b)     must provide to the entity the findings, reasons and recommendations, if any, of the Commission, together with any necessary information relating to the recommendations; and

        (c)     may provide to the regulator the recommendations of the Commission for action to be taken by the regulator.

S. 16P inserted by No. 4/2017 s. 6.