PUBLIC ADMINISTRATION ACT 2004 - SECT 50 Conflict of interest

PUBLIC ADMINISTRATION ACT 2004 - SECT 50

    (1)     If the Commissioner considers that he or she has a conflict of interest in any matter that is the subject of an inquiry, a review of an employment related action or any other activity required or requested to be conducted by the Commission, the Commissioner must—

        (a)     decline to conduct the inquiry, review or other activity; and

        (b)     notify the Secretary to the Department of Premier and Cabinet of the conflict of interest.

    (2)     On being notified by the Commissioner under subsection (1)(b) of a conflict of interest, the Secretary must authorise a person—

        (a)     to conduct the inquiry, review or activity; and

        (b)     in the case of an inquiry or a review of an employment related action, to make recommendations following the inquiry or review.

    (3)     The Secretary must not authorise a person under subsection (2) unless—

        (a)     the Secretary is satisfied that—

              (i)     the person is qualified to be authorised because the person has appropriate knowledge and experience in one or more of the fields of public administration, governance, law, public policy or senior management; and

              (ii)     the person is unconnected with the matter of the inquiry, review or activity and does not have a conflict of interest in the matter; and

        (b)     in the case of an authorisation to conduct an inquiry, the Premier has approved the authorisation of the person.

    (4)     In conducting an inquiry, a review of an employment related action or another activity, a person authorised under subsection (2)—

        (a)     may exercise all the relevant powers and functions of the Commissioner; and

        (b)     in exercising those powers and performing those functions is subject to the same requirements that would apply to the Commissioner.

    (5)     An inquiry, a review of an employment related action or another activity conducted by a person authorised under subsection (2) is not invalid by virtue of a defect or irregularity in, or in connection with, the authorisation.

S. 51 substituted by No. 6/2014 s. 10.