PARLIAMENTARY COMMISSIONER ACT 1971
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 4 Terms used
- 4A Term used: authority
PART II -- The Parliamentary Commissioner for Administrative Investigations
- 5 Commissioner and Deputy Commissioner, appointment of etc.
- 6 Removal or suspension of Commissioner or Deputy Commissioner
- 6A Deputy Parliamentary Commissioner, functions of
- 7 Acting Parliamentary Commissioner, appointment of etc.
- 8 Oath or affirmation of Commissioner, Deputy Commissioner and Acting Commissioner
- 9 Staff of Commissioner
- 10 Other provisions as to Commissioner and other officers
- 11 Delegation by Commissioner
- 12 Rules of Parliament
PART III -- Jurisdiction and functions of the Commissioner
Division 1 -- Extent of jurisdiction
- 13 Departments and authorities subject to investigation
- 14 Matters subject to investigation
Division 2 -- Initiation of investigations
- 15 Investigations on reference by Parliament
- 16 Initiation of investigations
- 17 Complaints to Commissioner
- 17A Complaints by persons in custody
- 18 Refusal to investigate complaints
Division 3A -- Deaths of certain children
- 19A Terms used
- 19B Functions as to investigable deaths
Division 3B -- Reportable conduct scheme
Subdivision 1 -- Preliminary
- 19C Terms used
- 19D Employees of relevant entities
- 19E Head of a relevant entity
- 19F Reportable allegation
- 19G Reportable conduct
- 19H Reportable conviction
- 19I Entities to which reportable conduct scheme applies
- 19J Object and principles
- 19K Paramount consideration
- 19L Certain provisions not applicable if entity is agent of Crown
Subdivision 2 -- Role of Commissioner
- 19M Functions of Commissioner in relation to scheme
- 19N Commissioner may exempt conduct
- 19O Commissioner may exempt entities
- 19P Commissioner may exempt investigations
- 19Q Commissioner may approve head of relevant entity in certain circumstances
Subdivision 3 -- Systems to deal with reportable conduct
- 19R Head of relevant entity must ensure systems in place
- 19S Commissioner may require information about systems
Subdivision 4 -- Notice, investigation and reporting
- 19T Report of reportable allegation or reportable conviction
- 19U Head of relevant entity must notify Commissioner
- 19V Information may be disclosed to Commissioner or head of entity
- 19W Head of relevant entity must respond to reportable allegation or reportable conviction
- 19X Informing employee of certain matters and giving employee opportunity to make submissions
- 19Y Commissioner must be notified of matters affecting investigation
- 19Z Head of relevant entity must report outcome of investigation to Commissioner
- 19ZA Head of relevant entity must report outcome of investigation to employee if employee informed of investigation
- 19ZB Commissioner may conduct own investigation
- 19ZC Notice to head of relevant entity of Commissioner’s investigation
- 19ZD Provisions relating to investigation under section 19ZB(1)(a)
19ZE. Provision relating to investigation under section 19ZB(1)(b) or (c)
19ZF. Application to State Administrative Tribunal for review
- 19ZG Concurrent investigations or proceedings
Subdivision 5 -- Disclosure of information
- 19ZH Disclosure of information to child, parent, guardian or other person with parental responsibility
- 19ZI Commissioner may request information about reportable convictions
- 19ZJ Prohibition on publishing certain information
Subdivision 6 -- Review of amendments made by Parliamentary Commissioner Amendment (Reportable Conduct) Act 2022
- 19ZK Review of amendments made by Parliamentary Commissioner Amendment (Reportable Conduct) Act 2022
Division 3 -- Conduct of investigations
- 19 Proceedings on investigations
- 20 Commissioner has powers under Royal Commissions Act 1968; privilege and secrecy provisions
- 21 Power to enter premises
- 22 Protection for proceedings in Cabinet
- 22A Consultation other than in relation to reportable conduct scheme
- 22AA Consultation in relation to reportable conduct scheme
- 22B Disclosure of certain information other than in relation to reportable conduct scheme
- 22C Disclosure of certain information in relation to reportable conduct scheme
- 23 Secrecy
- 23A Certain documents sent to or by Commissioner not admissible
- 24 Obstruction
Division 4 -- Action on investigations
- 25 Procedure on completion of investigation
- 26 Information to complainant on investigation
Division 5 -- Annual and other reports of the Commissioner
- 27 Commissioner may report to Parliament
- 28 Annual report to include report on reportable conduct scheme
PART IV -- Miscellaneous
- 29 Supreme Court may determine jurisdictional questions
- 29A Delegation by Commissioner of Police
- 30 Protection of Commissioner and officers
- 30A Protection of complainants etc.
- 30AA Protection from liability for giving information: reportable conduct scheme
- 30B Victimisation
- 31 General penalty
- 32 Expenses of Act
- 33 Regulations
- 34 Energy and water ombudsman schemes