CORRUPTION, CRIME AND MISCONDUCT ACT 2003

Table of Provisions

• Long Title

PART 1 -- Preliminary

Division 1 -- Introduction  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used; relationship with other Acts
 
• 4 Term used: misconduct
 
• 5 Term used: section 5 offence
 
• 6 Application
 
• 7 Act to bind Crown

Division 2 -- Purpose  

• 7A Act’s purposes
 
• 7B How Act’s purposes to be achieved

PART 2 -- The Corruption and Crime Commission

Division 1 -- Office of Corruption and Crime Commission  

• 8 Corruption and Crime Commission established
 
• 9 Commissioner and Deputy Commissioner of Corruption and Crime Commission
 
• 9A Appointment of Commissioner and Deputy Commissioner
 
• 9B Nominating committee to provide list of persons
 
• 9C Standing Committee may veto proposed recommendation
 
• 10 Qualifications and eligibility for appointment as Commissioner or Deputy Commissioner
 
• 11 Terms and conditions of service of Commissioner
 
• 11A Terms and conditions of service of Deputy Commissioner
 
• 12 Removal or suspension of Commissioner or Deputy Commissioner
 
• 13 Declaration of inability to act
 
• 13A Deputy Commissioner to act as Commissioner
 
• 14 Acting Commissioner
 
• 15 Oath or affirmation of office

Division 2 -- Functions of Corruption and Crime Commission  

• 16 General functions
 
• 18 Serious misconduct function
 
• 19 Functions in relation to Police Royal Commission
 
• 20 Functions in relation to A-CC
 
• 21 Organised crime functions
 
• 21A Reviewable police action
 
• 21AA Prevention and education function: police misconduct
 
• 21AB Capacity development function: public authorities
 
• 21AC Information about allegations received or initiated by Public Sector Commissioner
 
• 21AD Unexplained wealth functions

PART 3 -- Serious misconduct: role of Commission

Division 1 -- Assessments and opinions  

• 22 Assessments and opinions as to occurrence of serious misconduct

Division 2 -- Allegations  

• 24 Allegations of serious misconduct
 
• 25 Any person may report serious misconduct
 
• 26 Commission may make proposition about serious misconduct
 
• 27 Allegation about Commissioner, Deputy Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated

Division 3 -- Duty to notify  

• 28 Certain officers obliged to notify serious misconduct
 
• 29 Duty to notify under s. 28 is paramount
 
• 30 Commission may issue guidelines about notifications
 
• 31 Commission may report breach of duty to report or notify

Division 4 -- Assessments, opinions and investigation  

• 32 Dealing with allegations
 
• 33 Decision on further action on allegation
 
• 34 Matters to be considered in deciding who should take action
 
• 35 Informant to be notified of decision not to take action
 
• 36 Person investigated can be advised of outcome of investigation
 
• 37 Referring allegation to another agency or authority
 
• 38 Referring allegations to Parliamentary Commissioner or Auditor General
 
• 39 Commission may decide to take other action
 
• 40 Commission’s monitoring role of appropriate authorities
 
• 41 Commission may review how appropriate authority has dealt with serious misconduct
 
• 42 Commission may direct Public Sector Commissioner or appropriate authority not to take action

Division 5 -- Recommendations  

• 43 Recommendations by Commission
 
• 44 Other action for misconduct

PART 4A -- Misconduct: role of Public Sector Commissioner

Division 1 -- Functions in relation to misconduct  

• 45A Prevention and education function
 
• 45B Minor misconduct function

Division 2 -- Minor misconduct

• 45C Assessments and opinions as to occurrence of minor misconduct
Subdivision 2 -- Allegations  
• 45D Allegations of minor misconduct
 
• 45E Any person may report minor misconduct
 
• 45F Public Sector Commissioner may make proposition about minor misconduct
 
• 45G Allegation about Commission, Public Sector Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated
Subdivision 3 -- Duty to notify  
• 45H Certain officers obliged to notify minor misconduct
 
• 45I Duty to notify under s. 45H is paramount
 
• 45J Public Sector Commissioner may issue guidelines about notifications
 
• 45K Public Sector Commissioner may report breach of duty to report or notify
Subdivision 4 -- Assessments, opinions and investigations  
• 45L Dealing with allegations
 
• 45M Decision on further action on allegation
 
• 45N Matters to be considered in deciding who should take action
 
• 45O Informant to be notified of decision not to take action
 
• 45P Person to whom allegation relates can be advised of outcome of inquiry
 
• 45Q Action by Public Sector Commissioner: special inquiry or investigation
 
• 45R Referring allegation to independent agency or appropriate authority under s. 45M(c)
  45S. Referring allegations to Parliamentary Commissioner or Auditor General under s. 45M(c)   45T. Referring allegations to Corruption and Crime Commission under s. 45M(d)   45U. Public Sector Commissioner may decide to take other action  
• 45V Monitoring of appropriate authorities
 
• 45W Review of appropriate authority’s handling of minor misconduct
Subdivision 5 -- Recommendations  
• 45X Recommendations by Public Sector Commissioner
 
• 45Y Other action for minor misconduct not affected

Division 3 -- Reporting  

• 45ZA Report to Parliament on inquiry or other action
 
• 45ZB Report to Parliament on further action by appropriate authority
 
• 45ZC Person subject to adverse report: entitlement of
 
• 45ZD Annual report under PSMA s. 22D: matters to be included

PART 4 -- Organised crime: exceptional powers and fortification removal

Division 1 -- Basis for, and control of, use of exceptional powers  

• 45 Terms used
 
• 46 Exceptional powers finding, making of
 
• 47 Purpose of Divisions 2 to

Division 2 -- Examination before Commission  

• 48 Commission, on application of police, may summons witnesses
 
• 49 Examination of witnesses by Commissioner of Police
 
• 50 Examination of witness about offence with which witness charged

Division 3 -- Entry, search and related matters  

• 51 Commission may limit exercise of certain exceptional powers
 
• 52 Section 5 offences, enhanced police powers to enter, search etc. places
 
• 53 Section 5 offences, enhanced police powers to stop, search etc. people and conveyances
 
• 54 Searches of people, conduct of
 
• 55 Power to search includes power to break open
 
• 57 Offences
 
• 58 Police to report on use of powers under this Division
 
• 59 Overseeing exercise of powers under this Division

Division 4 -- Assumed identities  

• 60 Approval for assumed identity
 
• 61 Police to report on activities undertaken under assumed identity approval
 
• 62 Overseeing exercise of powers under this Division

Division 5 -- Controlled operations  

• 63 Terms used
 
• 64 Authority to conduct controlled operation and integrity testing
 
• 65 Police to report on controlled operation or integrity testing programme
 
• 66 Overseeing exercise of powers under this Division

Division 6 -- Fortifications  

• 67 Terms used
 
• 68 Fortification warning notice: issue of
 
• 69 Fortification warning notice: contents of
 
• 70 Giving fortification warning notice
 
• 71 Withdrawal notice
 
• 72 Fortification removal notice: issue of
 
• 73 Fortification removal notice: contents of
 
• 74 Giving fortification removal notice
 
• 75 Fortification removal notice: enforcing
 
• 76 Review of fortification removal notice
 
• 77 Hindering removal or modification of fortifications
 
• 78 Planning and other approval issues
 
• 79 No compensation for removal or modification of fortifications
 
• 80 Protection from liability for wrongdoing

Division 7 -- General matters  

• 81 Part not applicable to juveniles
 
• 82 Delegation by Commissioner of Police
 
• 83 Judicial review excluded

PART 5 -- Reporting

Division 1 -- Reports by Commission on specific matters  

• 84 Report to Parliament on investigation or received matter
 
• 85 Report to Parliament on further action by appropriate authority
 
• 86 Person subject to adverse report, entitlement of
 
• 87 Disclosure of matters in report made under s. 84 or
  88. Special reports to Parliament on policy matters  
• 89 Report under s. 84, 85 or 88 may be made to Minister or Standing Committee instead of to Parliament
 
• 90 Reports about people proposed as police officers or CEOs

Division 2 -- General reports  

• 91 Annual report to Parliament
 
• 92 Periodical report to Parliament

Division 3 -- General matters  

• 93 Laying documents before House of Parliament that is not sitting

PART 6 -- Powers

Division 1 -- Particular powers to require information or attendance  

• 94 Power to obtain information from public authority or officer
 
• 95 Power to obtain documents and other things
 
• 96 Power to summon witnesses to attend and produce things
 
• 97 Witnesses to attend until released
 
• 98 Powers in relation to things produced
 
• 99 Notation on notice or summons to restrict disclosure

Division 2 -- Entry, search and related matters  

• 100 Power to enter and search premises of public authority or officer
 
• 101 Search warrants, issue and effect of

Division 3 -- Assumed identities  

• 102 Terms used
 
• 103 Assumed identity approval, grant of
 
• 104 What assumed identity approval authorises
 
• 105 Issuing evidence of assumed identity
 
• 106 Court orders as to entries in register
 
• 107 Hearing of application under s. 106 or
  108. Cancellation of evidence of assumed identity  
• 109 Cancellation of approval affecting entry in register
 
• 110 Court may order entries in register to be cancelled
 
• 111 Protection from liability
 
• 112 Commission to indemnify agencies and officers
 
• 113 Operation of s. 111 and 112 limited in some cases
 
• 114 Identity of certain officers not to be disclosed in legal proceedings
 
• 115 Information about identity not to be disclosed
 
• 116 Misuse of assumed identity
 
• 117 Admissibility of certain Commission documents
 
• 118 Assumed identity approvals to be reviewed periodically

Division 4 -- Controlled operations and integrity testing programmes  

• 119 Terms used
 
• 120 Division does not limit certain court powers
 
• 121 Controlled operation, grant of authority to conduct
 
• 122 Limits as to what may be done in, granting authority for, or who may take part in, controlled operation
 
• 123 Integrity testing programme, grant of authority to conduct
 
• 124 Varying authority
 
• 125 Cancelling authority
 
• 126 Effect of authority
 
• 127 Defect in authority
 
• 128 Protection from criminal responsibility for acts in authorised operation
 
• 129 Indemnity against civil liability for officer participants
 
• 130 Requirements to be met to obtain protection from criminal responsibility or indemnity
 
• 131 Effect of being unaware of variation or cancellation of authority
 
• 132 Protection from criminal responsibility for some ancillary activities
 
• 133 Admissibility of certain Commission documents
 
• 134 Identity of certain participants not to be disclosed in legal proceedings

Division 5 -- General  

• 135 Law of evidence, application to Commission
 
• 136 Ancillary powers of Commission

PART 7 -- Examinations and deciding claims of privilege and excuse

Division 1 -- Examinations  

• 137 Commission may conduct examinations
 
• 138 Conduct of examinations
 
• 139 Examination to be private unless otherwise ordered
 
• 140 Public examination, when allowed
 
• 141 Power to examine on oath or affirmation
 
• 142 Legal representation for witnesses and others
 
• 143 Examination of witnesses

Division 2 -- Claims of privilege and reasonable excuse  

• 144 Legal professional privilege
 
• 145 Use of statements of witness against witness

Division 3 -- General  

• 146 Witnesses’ expenses
 
• 147 Protection of Commission, legal representatives and witnesses

PART 8 -- Arrest warrants  

• 148 Arrest warrants, issue and execution of
 
• 149 Conditional release of arrested person
 
• 149A Provision for overnight detention
 
• 150 Supreme Court may review detention of arrested person

PART 9 -- Disclosure, secrecy and protection of witnesses  

• 151 Disclosure of certain information restricted
 
• 152 Disclosure by Commission or its officers
 
• 153 Disclosure by other officials
 
• 154 Exclusion of other laws
 
• 155 Application of Telecommunications (Interception and Access) Western Australia Act 1996
 
• 156 Witness protection arrangements, Commission may make

PART 10 -- Contempt  

• 157 Term used: reasonable excuse
 
• 158 Failing to comply with notice given under s. 94 or
  159. Failing to obey summons issued under s.  
• 160 Failing to be sworn or to give evidence when summonsed
 
• 160A Contempts in relation to examination orders under the Criminal Property Confiscation Act 2000
 
• 161 Hindering execution of search warrants
 
• 162 Other contempts of Commission
 
• 163 Punishment of contempt of Commission
 
• 164 Conduct that is both a contempt and an offence

PART 11 -- Offences  

• 165 Obstructing Commission, Parliamentary Inspector or their officers
 
• 166 Malicious disclosure of false allegation of misconduct
 
• 167 Disclosure contrary to notation under s.
 
• 168 Giving false testimony
 
• 169 Bribery of witness
 
• 170 Fraud on witness
 
• 171 Destroying evidence
 
• 172 Preventing witness from attending
 
• 173 Injury or detriment to witness
 
• 174 Dismissal by employer of witness
 
• 175 Victimisation
 
• 176 Pretending to be officer
 
• 177 Summary conviction of crimes
 
• 177A Limitation period for prosecution of simple offences

PART 12 -- Administration

Division 1 -- Staff  

• 178 Commission not SES organisation
 
• 179 Staff of Commission
 
• 180 Entitlements of public service officers
 
• 181 Secondment of staff and use of facilities
 
• 182 Engagement of service providers
 
• 183 Oath of secrecy for officers
 
• 184 Appointment and functions of authorised officers
 
• 185 Delegation by Commission

Division 2 -- Financial provisions  

• 186 Funds of Commission
 
• 187 Application of Financial Management Act 2006 and Auditor General Act 2006

PART 13 -- Parliamentary Inspector of the Corruption and Crime Commission

Division 1 -- Office of Parliamentary Inspector of the Corruption and Crime Commission  

• 188 Parliamentary Inspector of Corruption and Crime Commission, office established
 
• 189 Parliamentary Inspector, appointment of
 
• 190 Qualifications for appointment as Parliamentary Inspector
 
• 191 Terms and conditions of service of Parliamentary Inspector
 
• 192 Removal or suspension of Parliamentary Inspector
 
• 193 Acting Parliamentary Inspector
 
• 194 Oath or affirmation of office

Division 2 -- Functions of the Parliamentary Inspector  

• 195 Functions
 
• 196 Powers
 
• 197 Inquiries
 
• 198 Parliamentary Inspector not to interfere with Commission’s operations

Division 3 -- Reporting  

• 199 Report to Parliament may be given at any time
 
• 200 Person subject to adverse report, entitlement of
 
• 201 Report under s. 199 may be made to Standing Committee instead of Parliament
 
• 202 Disclosure of matters in report
 
• 203 Annual report to Parliament
 
• 204 Periodical report to Parliament
 
• 205 Reports not to include certain information
 
• 206 Laying documents before House of Parliament that is not sitting

Division 4 -- Disclosure  

• 207 Restriction on disclosure generally
 
• 208 Disclosure by Parliamentary Inspector or officer
 
• 209 Disclosure by other officials

Division 5 -- Staff  

• 210 Staff of Parliamentary Inspector
 
• 211 Entitlements of public service officers
 
• 212 Secondment of staff and use of facilities
 
• 213 Engagement of service providers
 
• 214 Oath of secrecy for officers

Division 6 -- Financial provisions  

• 215 Funds of Parliamentary Inspector
 
• 216 Application of Financial Management Act 2006 and Auditor General Act 2006

PART 13A -- Standing Committee  

• 216A Standing committee of Houses of Parliament

PART 14 -- Other matters  

• 217A Findings and opinions of Commission or Public Sector Commissioner
 
• 217 Facilitating proof of certain documents
 
• 218 Disclosure of material personal interests
 
• 219 Protection from liability
 
• 220 Protection of persons making allegations and certain disclosures and giving information
 
• 221 Protection for compliance with this Act
 
• 222 Proceedings for defamation not to lie
 
• 223 Privilege, protection or immunity not limited or abridged
 
• 223A Disposal of things seized under this Act
 
• 224 Records of Commission
 
• 225 Execution of documents by Commission
 
• 226 Review of Act
 
• 226A Review of 2018 amendments to Act
 
• 227 Regulations

PART 15 -- Transitional matters

Division 1 -- Transitional provision for Corruption and Crime Commission Amendment (Misconduct) Act 2014  

• 228 Transitional provision for Corruption and Crime Commission Amendment (Misconduct) Act 2014

Division 2 -- Transitional provisions for Corruption, Crime and Misconduct Amendment Act 2024  

• 229 Terms used
 
• 230 Advertising by nominating committee before transition day
 
• 231 Person on list submitted by nominating committee before transition day
 
• 232 References to Commissioner appointed under s. 9A(1)
 
• 233 Person taken to be acting for reason mentioned in s. 14(1)(b)
• SCHEDULE 1 -- Offences that may be relevant for Part 4
• SCHEDULE 2 -- Terms and conditions of service of Commissioner  
• SCHEDULE 2A -- Terms and conditions of service of Deputy Commissioner  
• SCHEDULE 3 -- Terms and conditions of service of Parliamentary Inspector