Western Australia: Corruption, Crime and Misconduct Act 2003 (WA)

Western Australia Corruption, Crime and Misconduct Act 2003 Western Australia Corruption, Crime and Misconduct Act 2003 Contents Part 1 — Preliminary Division 1 — Introduction 1. Short title 1 2. Commencement 1 3. Terms used; relationship with other Acts 1 4. Term used: misconduct 1 5. Term used: section 5 offence 1 6. Application 1 7. Act to bind Crown 1 Division 2 — Purpose 7A. Act's purposes 1 7B. How Act's purposes to be achieved 1 Part 2 — The Corruption and Crime Commission Division 1 — Office of Corruption and Crime Commission 8. Corruption and Crime Commission established 1 9. Commissioner and Deputy Commissioner of Corruption and Crime Commission 1 9A. Appointment of Commissioner and Deputy Commissioner 1 9B. Nominating committee to provide list of persons 1 9C. Standing Committee may veto proposed recommendation 1 10. Qualifications and eligibility for appointment as Commissioner or Deputy Commissioner 1 11. Terms and conditions of service of Commissioner 1 11A. Terms and conditions of service of Deputy Commissioner 1 12. Removal or suspension of Commissioner or Deputy Commissioner 1 13. Declaration of inability to act 1 13A. Deputy Commissioner to act as Commissioner 1 14. Acting Commissioner 1 15. Oath or affirmation of office 1 Division 2 — Functions of Corruption and Crime Commission 16. General functions 1 18. Serious misconduct function 1 19. Functions in relation to Police Royal Commission 1 20. Functions in relation to A‑CC 1 21. Organised crime functions 1 21A. Reviewable police action 1 21AA. Prevention and education function: police misconduct 1 21AB. Capacity development function: public authorities 1 21AC. Information about allegations received or initiated by Public Sector Commissioner 1 21AD. Unexplained wealth functions 1 Part 3 — Serious misconduct: role of Commission Division 1 — Assessments and opinions 22. Assessments and opinions as to occurrence of serious misconduct 1 Division 2 — Allegations 24. Allegations of serious misconduct 1 25. Any person may report serious misconduct 1 26. Commission may make proposition about serious misconduct 1 27. Allegation about Commissioner, Deputy Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated 1 Division 3 — Duty to notify 28. Certain officers obliged to notify serious misconduct 1 29. Duty to notify under s. 28 is paramount 1 30. Commission may issue guidelines about notifications 1 31. Commission may report breach of duty to report or notify 1 Division 4 — Assessments, opinions and investigation 32. Dealing with allegations 1 33. Decision on further action on allegation 1 34. Matters to be considered in deciding who should take action 1 35. Informant to be notified of decision not to take action 1 36. Person investigated can be advised of outcome of investigation 1 37. Referring allegation to another agency or authority 1 38. Referring allegations to Parliamentary Commissioner or Auditor General 1 39. Commission may decide to take other action 1 40. Commission's monitoring role of appropriate authorities 1 41. Commission may review how appropriate authority has dealt with serious misconduct 1 42. Commission may direct Public Sector Commissioner or appropriate authority not to take action 1 Division 5 — Recommendations 43. Recommendations by Commission 1 44. Other action for misconduct 1 Part 4A — Misconduct: role of Public Sector Commissioner Division 1 — Functions in relation to misconduct 45A. Prevention and education function 1 45B. Minor misconduct function 1 Division 2 — Minor misconduct Subdivision 1 — Assessments and opinions 45C. Assessments and opinions as to occurrence of minor misconduct 1 Subdivision 2 — Allegations 45D. Allegations of minor misconduct 1 45E. Any person may report minor misconduct 1 45F. Public Sector Commissioner may make proposition about minor misconduct 1 45G. Allegation about Commission, Public Sector Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated 1 Subdivision 3 — Duty to notify 45H. Certain officers obliged to notify minor misconduct 1 45I. Duty to notify under s. 45H is paramount 1 45J. Public Sector Commissioner may issue guidelines about notifications 1 45K. Public Sector Commissioner may report breach of duty to report or notify 1 Subdivision 4 — Assessments, opinions and investigations 45L. Dealing with allegations 1 45M. Decision on further action on allegation 1 45N. Matters to be considered in deciding who should take action 1 45O. Informant to be notified of decision not to take action 1 45P. Person to whom allegation relates can be advised of outcome of inquiry 1 45Q. Action by Public Sector Commissioner: special inquiry or investigation 1 45R. Referring allegation to independent agency or appropriate authority under s. 45M(c) 1 45S. Referring allegations to Parliamentary Commissioner or Auditor General under s. 45M(c) 1 45T. Referring allegations to Corruption and Crime Commission under s. 45M(d) 1 45U. Public Sector Commissioner may decide to take other action 1 45V. Monitoring of appropriate authorities 1 45W. Review of appropriate authority's handling of minor misconduct 1 Subdivision 5 — Recommendations 45X. Recommendations by Public Sector Commissioner 1 45Y. Other action for minor misconduct not affected 1 Division 3 — Reporting 45ZA. Report to Parliament on inquiry or other action 1 45ZB. Report to Parliament on further action by appropriate authority 1 45ZC. Person subject to adverse report: entitlement of 1 45ZD. Annual report under PSMA s. 22D: matters to be included 1 Part 4 — Organised crime: exceptional powers and fortification removal Division 1 — Basis for, and control of, use of exceptional powers 45. Terms used 1 46. Exceptional powers finding, making of 1 47. Purpose of Divisions 2 to 5 1 Division 2 — Examination before Commission 48. Commission, on application of police, may summons witnesses 1 49. Examination of witnesses by Commissioner of Police 1 50. Examination of witness about offence with which witness charged 1 Division 3 — Entry, search and related matters 51. Commission may limit exercise of certain exceptional powers 1 52. Section 5 offences, enhanced police powers to enter, search etc. places 1 53. Section 5 offences, enhanced police powers to stop, search etc. people and conveyances 1 54. Searches of people, conduct of 1 55. Power to search includes power to break open 1 57. Offences 1 58. Police to report on use of powers under this Division 1 59. Overseeing exercise of powers under this Division 1 Division 4 — Assumed identities 60. Approval for assumed identity 1 61. Police to report on activities undertaken under assumed identity approval 1 62. Overseeing exercise of powers under this Division 1 Division 5 — Controlled operations 63. Terms used 1 64. Authority to conduct controlled operation and integrity testing 1 65. Police to report on controlled operation or integrity testing programme 1 66. Overseeing exercise of powers under this Division 1 Division 6 — Fortifications 67. Terms used 1 68. Fortification warning notice: issue of 1 69. Fortification warning notice: contents of 1 70. Giving fortification warning notice 1 71. Withdrawal notice 1 72. Fortification removal notice: issue of 1 73. Fortification removal notice: contents of 1 74. Giving fortification removal notice 1 75. Fortification removal notice: enforcing 1 76. Review of fortification removal notice 1 77. Hindering removal or modification of fortifications 1 78. Planning and other approval issues 1 79. No compensation for removal or modification of fortifications 1 80. Protection from liability for wrongdoing 1 Division 7 — General matters 81. Part not applicable to juveniles 1 82. Delegation by Commissioner of Police 1 83. Judicial review excluded 1 Part 5 — Reporting Division 1 — Reports by Commission on specific matters 84. Report to Parliament on investigation or received matter 1 85. Report to Parliament on further action by appropriate authority 1 86. Person subject to adverse report, entitlement of 1 87. Disclosure of matters in report made under s. 84 or 85 1 88. Special reports to Parliament on policy matters 1 89. Report under s. 84, 85 or 88 may be made to Minister or Standing Committee instead of to Parliament 1 90. Reports about people proposed as police officers or CEOs 1 Division 2 — General reports 91. Annual report to Parliament 1 92. Periodical report to Parliament 1 Division 3 — General matters 93. Laying documents before House of Parliament that is not sitting 1 Part 6 — Powers Division 1 — Particular powers to require information or attendance 94. Power to obtain information from public authority or officer 1 95. Power to obtain documents and other things 1 96. Power to summon witnesses to attend and produce things 1 97. Witnesses to attend until released 1 98. Powers in relation to things produced 1 99. Notation on notice or summons to restrict disclosure 1 Division 2 — Entry, search and related matters 100. Power to enter and search premises of public authority or officer 1 101. Search warrants, issue and effect of 1 Division 3 — Assumed identities 102. Terms used 1 103. Assumed identity approval, grant of 1 104. What assumed identity approval authorises 1 105. Issuing evidence of assumed identity 1 106. Court orders as to entries in register 1 107. Hearing of application under s. 106 or 109 1 108. Cancellation of evidence of assumed identity 1 109. Cancellation of approval affecting entry in register 1 110. Court may order entries in register to be cancelled 1 111. Protection from liability 1 112. Commission to indemnify agencies and officers 1 113. Operation of s. 111 and 112 limited in some cases 1 114. Identity of certain officers not to be disclosed in legal proceedings 1 115. Information about identity not to be disclosed 1 116. Misuse of assumed identity 1 117. Admissibility of certain Commission documents 1 118. Assumed identity approvals to be reviewed periodically 1 Division 4 — Controlled operations and integrity testing programmes 119. Terms used 1 120. Division does not limit certain court powers 1 121. Controlled operation, grant of authority to conduct 1 122. Limits as to what may be done in, granting authority for, or who may take part in, controlled operation 1 123. Integrity testing programme, grant of authority to conduct 1 124. Varying authority 1 125. Cancelling authority 1 126. Effect of authority 1 127. Defect in authority 1 128. Protection from criminal responsibility for acts in authorised operation 1 129. Indemnity against civil liability for officer participants 1 130. Requirements to be met to obtain protection from criminal responsibility or indemnity 1 131. Effect of being unaware of variation or cancellation of authority 1 132. Protection from criminal responsibility for some ancillary activities 1 133. Admissibility of certain Commission documents 1 134. Identity of certain participants not to be disclosed in legal proceedings 1 Division 5 — General 135. Law of evidence, application to Commission 1 136. Ancillary powers of Commission 1 Part 7 — Examinations and deciding claims of privilege and excuse Division 1 — Examinations 137. Commission may conduct examinations 1 138. Conduct of examinations 1 139. Examination to be private unless otherwise ordered 1 140. Public examination, when allowed 1 141. Power to examine on oath or affirmation 1 142. Legal representation for witnesses and others 1 143. Examination of witnesses 1 Division 2 — Claims of privilege and reasonable excuse 144. Legal professional privilege 1 145. Use of statements of witness against witness 1 Division 3 — General 146. Witnesses' expenses 1 147. Protection of Commission, legal representatives and witnesses 1 Part 8 — Arrest warrants 148. Arrest warrants, issue and execution of 1 149. Conditional release of arrested person 1 149A. Provision for overnight detention 1 150. Supreme Court may review detention of arrested person 1 Part 9 — Disclosure, secrecy and protection of witnesses 151. Disclosure of certain information restricted 1 152. Disclosure by Commission or its officers 1 153. Disclosure by other officials 1 154. Exclusion of other laws 1 155. Application of Telecommunications (Interception and Access) Western Australia Act 1996 1 156. Witness protection arrangements, Commission may make 1 Part 10 — Contempt 157. Term used: reasonable excuse 1 158. Failing to comply with notice given under s. 94 or 95 1 159. Failing to obey summons issued under s. 96 1 160. Failing to be sworn or to give evidence when summonsed 1 160A. Contempts in relation to examination orders under the Criminal Property Confiscation Act 2000 1 161. Hindering execution of search warrants 1 162. Other contempts of Commission 1 163. Punishment of contempt of Commission 1 164. Conduct that is both a contempt and an offence 1 Part 11 — Offences 165. Obstructing Commission, Parliamentary Inspector or their officers 1 166. Malicious disclosure of false allegation of misconduct 1 167. Disclosure contrary to notation under s. 99 1 168. Giving false testimony 1 169. Bribery of witness 1 170. Fraud on witness 1 171. Destroying evidence 1 172. Preventing witness from attending 1 173. Injury or detriment to witness 1 174. Dismissal by employer of witness 1 175. Victimisation 1 176. Pretending to be officer 1 177. Summary conviction of crimes 1 177A. Limitation period for prosecution of simple offences 1 Part 12 — Administration Division 1 — Staff 178. Commission not SES organisation 1 179. Staff of Commission 1 180. Entitlements of public service officers 1 181. Secondment of staff and use of facilities 1 182. Engagement of service providers 1 183. Oath of secrecy for officers 1 184. Appointment and functions of authorised officers 1 185. Delegation by Commission 1 Division 2 — Financial provisions 186. Funds of Commission 1 187. Application of Financial Management Act 2006 and Auditor General Act 2006 1 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 1 189. Parliamentary Inspector, appointment of 1 190. Qualifications for appointment as Parliamentary Inspector 1 191. Terms and conditions of service of Parliamentary Inspector 1 192. Removal or suspension of Parliamentary Inspector 1 193. Acting Parliamentary Inspector 1 194. Oath or affirmation of office 1 Division 2 — Functions of the Parliamentary Inspector 195. Functions 1 196. Powers 1 197. Inquiries 1 198. Parliamentary Inspector not to interfere with Commission's operations 1 Division 3 — Reporting 199. Report to Parliament may be given at any time 1 200. Person subject to adverse report, entitlement of 1 201. Report under s. 199 may be made to Standing Committee instead of Parliament 1 202. Disclosure of matters in report 1 203. Annual report to Parliament 1 204. Periodical report to Parliament 1 205. Reports not to include certain information 1 206. Laying documents before House of Parliament that is not sitting 1 Division 4 — Disclosure 207. Restriction on disclosure generally 1 208. Disclosure by Parliamentary Inspector or officer 1 209. Disclosure by other officials 1 Division 5 — Staff 210. Staff of Parliamentary Inspector 1 211. Entitlements of public service officers 1 212. Secondment of staff and use of facilities 1 213. Engagement of service providers 1 214. Oath of secrecy for officers 1 Division 6 — Financial provisions 215. Funds of Parliamentary Inspector 1 216. Application of Financial Management Act 2006 and Auditor General Act 2006 1 Part 13A — Standing Committee 216A. Standing committee of Houses of Parliament 1 Part 14 — Other matters 217A. Findings and opinions of Commission or Public Sector Commissioner 1 217. Facilitating proof of certain documents 1 218. Disclosure of material personal interests 1 219. Protection from liability 1 220. Protection of persons making allegations and certain disclosures and giving information 1 221. Protection for compliance with this Act 1 222. Proceedings for defamation not to lie 1 223. Privilege, protection or immunity not limited or abridged 1 223A. Disposal of things seized under this Act 1 224. Records of Commission 1 225. Execution of documents by Commission 1 226. Review of Act 1 226A. Review of 2018 amendments to Act 1 227. Regulations 1 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 1 Division 2 — Transitional provisions for Corruption, Crime and Misconduct Amendment Act 2024 229. Terms used 1 230. Advertising by nominating committee before transition day 1 231. Person on list submitted by nominating committee before transition day 1 232. References to Commissioner appointed under s. 9A(1) 1 233. Person taken to be acting for reason mentioned in s. 14(1)(b) 1 Schedule 1 — Offences that may be relevant for Part 4 Schedule 2 — Terms and conditions of service of Commissioner 1. Tenure of office 1 2. Terms of appointment 1 3. Remuneration, leave and entitlements 1 4. Provisions where Commissioner was judge 1 5. Provisions where Commissioner was public service officer 1 6. Resignation 1 7. Vacancy 1 Schedule 2A — Terms and conditions of service of Deputy Commissioner 1. Tenure of office 1 2. Terms of appointment 1 3. Remuneration, leave and entitlements 1 4. Provisions where Deputy Commissioner was judge 1 5. Provisions where Deputy Commissioner was public service officer 1 6. Resignation 1 7. Vacancy 1 Schedule 3 — Terms and conditions of service of Parliamentary Inspector 1. Tenure of office 1 2. Terms of appointment 1 3. Remuneration, leave and entitlements 1 4. Provisions where Parliamentary Inspector was judge 1 5. Provisions where Parliamentary Inspector was public service officer 1 6. Resignation 1 7. Vacancy 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Corruption, Crime and Misconduct Act 2003 An Act to — • provide for the establishment and operation of a Corruption and Crime Commission with functions with respect to serious misconduct by public officers and organised crime and with respect to the confiscation of unexplained wealth and criminal benefits; and • confer on the Public Sector Commissioner functions with respect to misconduct by public officers; and • provide for the establishment and operation of a Parliamentary Inspector of the Corruption and Crime Commission. [Long title amended: No. 78 of 2003 s. 4; No. 35 of 2014 s. 4; No. 10 of 2018 s. 4.] Part 1 — Preliminary Division 1 — Introduction [Heading inserted: No. 78 of 2003 s. 7(1).] 1. Short title This Act may be cited as the Corruption, Crime and Misconduct Act 2003. [Section 1 amended: No. 35 of 2014 s. 5.] 2. Commencement (1) This Act comes into operation on a day to be fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used; relationship with other Acts (1) In this Act unless the contrary intention appears — A‑CC means the Anti‑Corruption Commission established under the Anti‑Corruption Commission Act 1988 1; allegation means — (a) a report made to the Commission under section 25; or (b) a proposition initiated by the Commission under section 26(1); or (c) a matter notified to the Commission under section 28(2); or (d) an allegation referred to the Commission under section 45M(d); or (e) a received matter; or (f) a report made to the Public Sector Commissioner under section 45E(1); or (g) a proposition initiated by the Public Sector Commissioner under section 45F(1); or (h) a matter notified to the Public Sector Commissioner under section 45H(2); appropriate authority means a person, body or organisation who or which is empowered by a law of the State to take investigatory or other action, or both, in relation to misconduct, but does not include the Commission, an independent agency or either House of Parliament; authorised officer has the meaning given in section 184(1); bipartisan support means the support of — (a) members of the Standing Committee who are members of the party of which the Premier is a member; and (b) members of the Standing Committee who are members of the party of which the Leader of the Opposition is a member; Commission means the Corruption and Crime Commission established under this Act; Commissioner means the person holding the office of Commissioner established under this Act or acting in that office for the reasons mentioned in section 13A(1)(a) or 14(1)(a); Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; contractor has the meaning given by the Court Security and Custodial Services Act 1999, the Declared Places (Mental Impairment) Act 2015 or the Prisons Act 1981, as is relevant to the case; criminal benefit has the meaning given in the Criminal Property Confiscation Act 2000 section 145; Deputy Commissioner means the person holding the office of Deputy Commissioner established under this Act; Director of Public Prosecutions has the meaning given to Director in the Director of Public Prosecutions Act 1991; disciplinary action means any disciplinary action under any law or contract and includes — (a) action under section 8 of the Police Act 1892; and (b) the taking of action against a person, with a view to dismissing, dispensing with the services of or otherwise terminating the services of that person; disciplinary offence includes any conduct or other matter that constitutes or may constitute grounds for disciplinary action; disclose means — (a) publish in any way; or (b) divulge or communicate to any person in any way; employee of the Police Department includes an Aboriginal police liaison officer, a police auxiliary officer and a police cadet under the Police Act 1892; examination means an examination under Part 7; independent agency means — (a) the Parliamentary Commissioner; and (b) the Director of Public Prosecutions; and (c) the Auditor General; and (d) the Inspector of Custodial Services; and (e) the Public Sector Commissioner; inquiry means an inquiry by the Parliamentary Inspector under section 197; investigation means an investigation by the Commission, whether alone or in cooperation with another body, under section 21AD or Part 3 (including a preliminary investigation conducted under section 32(2)); minor misconduct means misconduct of a kind described in section 4(d) that is not any of the following — (a) police misconduct; (b) conduct engaged in by a member of a House of Parliament or the Clerk of a House of Parliament; (c) conduct engaged in by — (i) a member of a local government or council of a local government; or (ii) a member of a council of a regional local government; misconduct has the meaning given by section 4; nominating committee means a committee consisting of — (a) the Chief Justice; and (b) the Chief Judge of the District Court; and (c) a person appointed by the Governor to represent the interests of the community; notifying authority means — (a) a department or organisation as defined in the Public Sector Management Act 1994; (b) an entity in respect of which a declaration is in effect under section 56(2) of the Financial Management Act 2006; (c) a statutory authority as defined in the Financial Management Act 2006; (d) an authority to which the Parliamentary Commissioner Act 1971 applies; (e) a person or body, or holder of an office — (i) under whom or which a public officer holds office or by whom or which a public officer is employed; or (ii) who or which is prescribed for the purposes of this subparagraph, but does not include the President of the Legislative Council or the Speaker of the Legislative Assembly; officer of the Commission means — (a) the Commissioner; or (aa) the Deputy Commissioner; or (b) a person appointed under section 179; or (c) a person seconded or otherwise engaged under section 181; or (d) a person engaged under section 182; officer of the Parliamentary Inspector means — (a) a person appointed under section 210; or (b) a person seconded or otherwise engaged under section 212; or (c) a person engaged under section 213; officer of the Public Sector Commissioner means a public service officer employed in, or seconded to, the office of the Public Sector Commissioner; organised crime means activities of 2 or more persons associated together solely or partly for purposes in the pursuit of which 2 or more Schedule 1 offences are committed, the commission of each of which involves substantial planning and organisation; organised crime examination means an examination to which a person is summoned under an organised crime summons; organised crime summons means a summons issued under section 96 on an application by the Commissioner of Police under section 48; Parliamentary Commissioner has the meaning given to Commissioner under the Parliamentary Commissioner Act 1971; Parliamentary Inspector means the person holding the office of Parliamentary Inspector of the Corruption and Crime Commission established under this Act or acting in the office for the reasons mentioned in section 193(1)(a) or (b); perform includes to exercise; Police Department means the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Minister responsible for the administration of the Police Act 1892 in the administration of that Act; police misconduct means — (a) misconduct by — (i) a member of the Police Force; or (ii) an employee of the Police Department; or (iii) a person seconded to perform functions and services for, or duties in the service of, the Police Department; or (b) reviewable police action; Police Royal Commission has the meaning given to Commission under the Royal Commission (Police) Act 2002; police service means the organisation consisting of — (a) members of the Police Force; and (b) employees of the Police Department; and (c) persons seconded to perform functions and services for, or duties in the service of, the Police Department; principal officer of a notifying authority means — (a) in the case of a department or organisation as defined in the Public Sector Management Act 1994, the chief executive officer or chief employee of that department or organisation; and (b) in the case of a notifying authority that is an entity in respect of which a declaration is in effect under section 56(2) of the Financial Management Act 2006, the holder of the office that is the subject of that declaration; and (c) in the case of a contractor and any subcontractor under the relevant contract, the holder of the office specified in the relevant contract to be the principal officer for the purposes of this Act; and (d) in any other case — (i) the person specified in the regulations as the principal officer of that notifying authority or a notifying authority of that class; or (ii) if no person is specified under subparagraph (i), the person who is the head of that notifying authority, its most senior officer or the person normally entitled to preside at its meetings; public authority means — (a) a notifying authority; or (b) a body mentioned in Schedule V Part 3 to the Constitution Acts Amendment Act 1899; or (c) an authority, board, corporation, commission, council, committee, local government, regional local government, regional subsidiary or similar body established under a written law; or (d) a body that is the governing authority of a body referred to in paragraph (b) or (c); or (e) a contractor or subcontractor; public officer has the meaning given by section 1 of The Criminal Code; public service officer has the meaning given by section 3(1) of the Public Sector Management Act 1994; received matter means — (a) a matter referred to the Commission by the Police Royal Commission, the A‑CC or the Parliamentary Commissioner; or (b) a matter received by the Commission in the performance of its functions under section 19(2)(b); or (c) any allegation made to the A‑CC under the Anti‑Corruption Commission Act 1988 that has not been finally dealt with under that Act immediately before the repeal of that Act under section 54 of the Corruption and Crime Commission Amendment and Repeal Act 2003; record includes anything that is a document as defined in section 79B of the Evidence Act 1906; reviewable police action means any action taken by a member of the Police Force, an employee of the Police Department or a person seconded to perform functions and services for, or duties in the service of, the Police Department that — (a) is contrary to law; or (b) is unreasonable, unjust, oppressive or improperly discriminatory; or (c) is in accordance with a rule of law, or a provision of an enactment or a practice, that is or may be unreasonable, unjust, oppressive or improperly discriminatory; or (d) is taken in the exercise of a power or a discretion, and is so taken for an improper purpose or on irrelevant grounds, or on the taking into account of irrelevant considerations; or (e) is a decision that is made in the exercise of a power or a discretion and the reasons for the decision are not, but should be, given; Schedule 1 offence means an offence described in Schedule 1; section 5 offence has the meaning given by section 5; serious misconduct means — (a) misconduct of a kind described in section 4(a), (b) or (c) by a public officer; or (b) police misconduct; Standing Committee means the committee referred to in section 216A; State Records Commission means the Commission established under section 57 of the State Records Act 2000; subcontractor has the meaning given by the Court Security and Custodial Services Act 1999, the Declared Places (Mental Impairment) Act 2015 or the Prisons Act 1981, as is relevant to the case; unexplained wealth has the meaning given in the Criminal Property Confiscation Act 2000 section 144; witness means a person who appears at an examination or an inquiry to give evidence, whether the person has been summoned or appears without being summoned. (2) Nothing in this Act affects, or is intended to affect, the operation of the Parliamentary Privileges Act 1891 or the Parliamentary Papers Act 1891 and a power, right or function conferred under this Act is not to be exercised if, or to the extent, that the exercise would relate to a matter determinable by a House of Parliament. [Section 3 amended: No. 78 of 2003 s. 5 and 35(13); No. 77 of 2006 Sch. 1 cl. 35(1) and (2); No. 8 of 2008 s. 11(2) and 23(1); No. 21 of 2008 s. 654(2); No. 39 of 2010 s. 74(2); No. 35 of 2014 s. 6; No. 4 of 2015 s. 84(2); No. 26 of 2016 s. 48; No. 10 of 2018 s. 5; No. 9 of 2022 s. 424; No. 5 of 2024 s. 4; No. 10 of 2023 s. 410.] 4. Term used: misconduct Misconduct occurs if — (a) a public officer corruptly acts or corruptly fails to act in the performance of the functions of the public officer's office or employment; or (b) a public officer corruptly takes advantage of the public officer's office or employment as a public officer to obtain a benefit for himself or herself or for another person or to cause a detriment to any person; or (c) a public officer whilst acting or purporting to act in his or her official capacity, commits an offence punishable by 2 or more years' imprisonment; or (d) a public officer engages in conduct that — (i) adversely affects, or could adversely affect, directly or indirectly, the honest or impartial performance of the functions of a public authority or public officer whether or not the public officer was acting in their public officer capacity at the time of engaging in the conduct; or (ii) constitutes or involves the performance of his or her functions in a manner that is not honest or impartial; or (iii) constitutes or involves a breach of the trust placed in the public officer by reason of his or her office or employment as a public officer; or (iv) involves the misuse of information or material that the public officer has acquired in connection with his or her functions as a public officer, whether the misuse is for the benefit of the public officer or the benefit or detriment of another person, and constitutes or could constitute — [(v) deleted] (vi) a disciplinary offence providing reasonable grounds for the termination of a person's office or employment as a public service officer under the Public Sector Management Act 1994 (whether or not the public officer to whom the allegation relates is a public service officer or is a person whose office or employment could be terminated on the grounds of such conduct). [Section 4 inserted: No. 78 of 2003 s. 6; amended: No. 35 of 2014 s. 7.] 5. Term used: section 5 offence A section 5 offence is a Schedule 1 offence committed in the course of organised crime. [Section 5 inserted: No. 78 of 2003 s. 6.] 6. Application (1) The Commission may receive information and otherwise perform its functions in relation to acts, omissions or conduct occurring before or after the coming into operation of this Act. (2) The Commission may receive information and otherwise perform its functions in relation to acts, omissions or conduct alleged to have been done, omitted or engaged in by a person who was a public officer at the time of the alleged acts, omissions or conduct even if the person has ceased to be a public officer. [Section 6, formerly section 4, renumbered as section 6: No. 78 of 2003 s. 35(1).] 7. Act to bind Crown This Act binds the Crown in right of the State and, so far as the legislative power of the State permits, the Crown in its other capacities. [Section 7, formerly section 5, renumbered as section 7: No. 78 of 2003 s. 35(1).] Division 2 — Purpose [Heading inserted: No. 78 of 2003 s. 7(2).] 7A. Act's purposes The main purposes of this Act are — (a) to combat and reduce the incidence of organised crime; and (b) to improve continuously the integrity of, and to reduce the incidence of misconduct in, the public sector; and (c) to facilitate the exercise of the Commission's functions under the Criminal Property Confiscation Act 2000. [Section 7A inserted: No. 78 of 2003 s. 7(2); amended: No. 10 of 2018 s. 6.] 7B. How Act's purposes to be achieved (1) The Act's purposes are to be achieved primarily by establishing a permanent commission to be called the Corruption and Crime Commission. (2) The Commission is to be able to authorise the use of investigative powers not ordinarily available to the police service to effectively investigate particular cases of organised crime. (3) The Act's purpose in relation to misconduct is to be achieved by conferring functions on the Commission and on the Public Sector Commissioner. (4) The Commission is to be able to investigate cases of serious misconduct. (5) The Public Sector Commissioner is to be able to investigate cases of minor misconduct. (6) The Commission and the Public Sector Commissioner are to help public authorities to prevent, and to identify and deal effectively and appropriately with, misconduct. (7) The Commission is to be able to investigate matters in relation to unexplained wealth and criminal benefits for the purpose of the exercise of its functions under the Criminal Property Confiscation Act 2000. [Section 7B inserted: No. 78 of 2003 s. 7(2); amended: No. 35 of 2014 s. 8; No. 10 of 2018 s. 7.] Part 2 — The Corruption and Crime Commission Division 1 — Office of Corruption and Crime Commission 8. Corruption and Crime Commission established (1) A commission called the Corruption and Crime Commission is established. (2) The Commission is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Commission in its corporate name. [Section 8, formerly section 6, renumbered as section 8: No. 78 of 2003 s. 35(1).] 9. Commissioner and Deputy Commissioner of Corruption and Crime Commission (1) There is to be a Commissioner who, in the name of the Commission, is to perform the functions of the Commission under this Act and any other written law. (1A) There is to be a Deputy Commissioner who, in the name of the Commission, is to perform such functions of the Commission under this Act and any other written law as the Commissioner directs. (2) Without limiting subsection (1) or (1A), if under this Act or any other written law an act or thing may or must be done by, to, by reference to or in relation to the Commission, the act or thing is to be regarded as effectually done if done by, to, by reference to or in relation to the Commissioner or Deputy Commissioner. [(3)-(4B) deleted] (5) The Commissioner and Deputy Commissioner hold office in accordance with this Act. (6) The offices of Commissioner and Deputy Commissioner are not offices in the Public Service. [Section 9, formerly section 7, amended: No. 78 of 2003 s. 8; renumbered as section 9: No. 78 of 2003 s. 35(1); amended: No. 7 of 2021 s. 4; No. 5 of 2024 s. 5.] 9A. Appointment of Commissioner and Deputy Commissioner (1) The Commissioner and Deputy Commissioner must be appointed on the recommendation of the Premier by the Governor by commission under the Public Seal of the State. (2) The Premier can recommend the appointment of a person under subsection (1) only if the following requirements are satisfied — (a) the person's name is on a list of 3 persons that is submitted to the Premier by the nominating committee under section 9B(1); (b) if there is a Standing Committee — (i) the Premier has given the Standing Committee notice of the proposed recommendation under section 9C(1); and (ii) the Standing Committee has not vetoed the proposed recommendation under section 9C(2); and (iii) the period determined under section 9C(3) has ended; (c) if there is no Standing Committee — the Premier has consulted with the Leader of the Opposition and the leader of any other political party with at least 5 members in either House of Parliament. [Section 9A inserted: No. 5 of 2024 s. 6.] 9B. Nominating committee to provide list of persons (1) The nominating committee must, on the Premier's written request, submit to the Premier a list of 3 persons qualified and eligible under section 10 for appointment. (2) The Premier's request must specify for which of the following purposes the list is required — (a) recommending the appointment of a person as Commissioner under section 9A(1); (b) recommending the appointment of a person as Deputy Commissioner under section 9A(1); (c) recommending the appointment of a person to act in the office of Commissioner under section 14. (3) Before submitting a list under subsection (1), the nominating committee must — (a) advertise throughout Australia for expressions of interest; and (b) if the Premier's request specifies that the list is for the purpose of recommending the appointment of a person as Deputy Commissioner under section 9A(1) and there is a Commissioner appointed under section 9A(1) — consult with the Commissioner. [Section 9B inserted: No. 5 of 2024 s. 6.] 9C. Standing Committee may veto proposed recommendation (1) If the Premier proposes to recommend the appointment of a person under section 9A(1) or 14(1), the Premier must give the Standing Committee written notice of the proposed recommendation. (2) The Standing Committee vetoes the proposed recommendation if the Standing Committee gives the Premier, within the period determined under subsection (3), written notice that the majority of the Standing Committee does not support the proposed recommendation. (3) For the purposes of subsection (2) and section 9A(2)(b)(iii), the period is — (a) if, within 14 days beginning on the day (notification day) on which the Premier gives notice under subsection (1), the Standing Committee gives the Premier written notice that it requires further time to consider the proposed recommendation — 44 days beginning on notification day; or (b) otherwise — 14 days beginning on notification day. (4) This section does not apply if — (a) there is no Standing Committee; or (b) the Premier proposes to recommend the appointment of a person under section 14(1)(a) and section 14(2C) applies in relation to the proposed recommendation. [Section 9C inserted: No. 5 of 2024 s. 6.] 10. Qualifications and eligibility for appointment as Commissioner or Deputy Commissioner (1) A person is qualified for appointment as the Commissioner or Deputy Commissioner if the person has served as, or is qualified for appointment as, a judge of the Supreme Court of Western Australia or another State or Territory, the High Court of Australia or the Federal Court of Australia. [(2) deleted] (3) A person who is or has been a police officer is not eligible to be appointed as Commissioner or Deputy Commissioner. (4) A person holding a judicial office shall retire upon appointment as Commissioner or Deputy Commissioner. [Section 10, formerly section 8, amended: No. 78 of 2003 s. 9 and renumbered as section 10: No. 78 of 2003 s. 35(1); amended: No. 5 of 2024 s. 7.] 11. Terms and conditions of service of Commissioner Schedule 2 has effect with respect to the tenure, remuneration and conditions of service of the Commissioner and the other matters provided for in that Schedule. [Section 11, formerly section 9, amended: No. 78 of 2003 s. 35(13) and renumbered as section 11: No. 78 of 2003 s. 35(1).] 11A. Terms and conditions of service of Deputy Commissioner Schedule 2A has effect with respect to the tenure, remuneration and conditions of service of the Deputy Commissioner and the other matters provided for in that Schedule. [Section 11A inserted: No. 5 of 2024 s. 8.] 12. Removal or suspension of Commissioner or Deputy Commissioner (1) The Commissioner or Deputy Commissioner may, at any time, be suspended or removed from office by the Governor on addresses from both Houses of Parliament. (2) The Governor may suspend the Commissioner or Deputy Commissioner from office if the Governor is satisfied that the Commissioner or Deputy Commissioner, as the case requires — (a) is incapable of properly performing the duties of office; or (b) has shown themselves incompetent properly to perform, or has neglected, those duties; or (c) has been guilty of misconduct. (3) If the Commissioner or Deputy Commissioner has been suspended from office under subsection (2) the Commissioner or Deputy Commissioner, as the case requires, is to be restored to office unless — (a) a statement of the grounds of the suspension is laid before each House of Parliament during the first 7 sitting days of that House following the suspension; and (b) each House of Parliament, during the session in which the statement is so laid, and within 30 sitting days of that statement being so laid, passes an address praying for the removal of the Commissioner or Deputy Commissioner, as the case may be, from office. [Section 12, formerly section 10, renumbered as section 12: No. 78 of 2003 s. 35(1); amended: No. 5 of 2024 s. 9.] 13. Declaration of inability to act The Commissioner or Deputy Commissioner may declare themselves unable to act in respect of a particular matter by reason of — (a) an actual or potential conflict of interest; or (b) having to perform other functions under this Act. [Section 13, formerly section 11, renumbered as section 13: No. 78 of 2003 s. 35(1); amended: No. 5 of 2024 s. 10.] 13A. Deputy Commissioner to act as Commissioner (1) The Deputy Commissioner must act in the office of Commissioner — (a) during any period when the office of Commissioner is vacant or the person holding the office of Commissioner is unable to perform the functions of that office; and (b) in relation to any matter in respect of which the person holding the office of Commissioner has under section 13 declared themselves unable to act. (2) Subsection (1) does not apply — (a) during any period when the Deputy Commissioner is unable to perform the functions of the office of Commissioner; or (b) in relation to any matter — (i) in respect of which the Deputy Commissioner has under section 13 declared themselves unable to act; or (ii) in relation to which a person is acting in the office of Commissioner under section 14 for the reason mentioned in section 14(1)(b). (3) The Deputy Commissioner, when acting in the office of Commissioner under this section for the reason mentioned in subsection (1)(b) in relation to a matter, may perform functions of that office in relation to the matter even though the Commissioner or a person acting under section 14 for the reason mentioned in section 14(1)(b) is at the same time performing other functions of that office. (4) If the Deputy Commissioner is acting in the office of Commissioner under this section for the reason mentioned in subsection (1)(b) in relation to a matter, a reference to the Commissioner in a provision of this Act that is relevant to the performance by the Deputy Commissioner of a function of that office in relation to the matter includes a reference to the Deputy Commissioner. (5) The validity of anything done by or in relation to the Deputy Commissioner while purporting to act under this section is not to be called into question on the ground that the occasion for the Deputy Commissioner to act had not arisen or had ceased. [Section 13A inserted: No. 5 of 2024 s. 11.] 14. Acting Commissioner (1) The Governor may, on the recommendation of the Premier, appoint a person who is qualified and eligible for appointment as Commissioner to act in the office of Commissioner — (a) during any period or during all periods when — (i) the office of Commissioner is vacant or the person holding the office of Commissioner is unable to perform the functions of the office of Commissioner; and (ii) the office of Deputy Commissioner is vacant or the person holding the office of Deputy Commissioner is unable to perform the functions of the office of Commissioner; and (iii) if a person is appointed under this paragraph — the person is unable to perform the functions of the office of Commissioner; or (b) in relation to any matter in respect of which the person holding the office of Commissioner, the person holding the office of Deputy Commissioner or a person appointed under this subsection has under section 13 declared themselves unable to act. (2) An appointment under this section — (a) may be made at any time and may be terminated at any time by the Governor; and (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. (2A) The Premier can recommend the appointment of a person under subsection (1) only if the requirements set out in section 9A(2)(a) to (c) are satisfied in relation to the person. (2B) For the purposes of subsection (2A), the requirements set out in section 9A(2)(a) to (c) may be satisfied — (a) prospectively even though the necessity for an appointment has not arisen; and (b) with respect to a number of persons each of whom is eligible to be appointed should the necessity arise. (2C) Despite subsection (2A), the Premier can recommend the appointment of a person under subsection (1)(a) without the requirements set out in section 9A(2)(a) to (c) being satisfied in relation to the person if — (a) the appointment is for a period of no longer than 12 months; and (b) the appointment will not result in the person being appointed more than twice consecutively to act in the office of Commissioner. (3) Subject to this Act, the terms and conditions of appointment, including remuneration and other entitlements, of a person acting under this section are to be as determined from time to time by the Governor. (4) A person acting under this section for the reason mentioned in subsection (1)(b) may perform functions of the office of Commissioner in relation to the matter for which the person is appointed even though the Commissioner, the Deputy Commissioner acting under section 13A for the reason mentioned in section 13A(1)(b) or another person acting under this section for the reason mentioned in subsection (1)(b) is at the same time performing other functions of the office. (5) If a person is acting under this section for the reason mentioned in subsection (1)(b), a reference to the Commissioner in a provision of this Act that is relevant to the performance by that person of a function of the office of Commissioner in relation to the matter for which that person is appointed includes a reference to that person. (6) The validity of anything done by or in relation to a person purporting to act under this section is not to be called into question on the ground that — (a) the occasion for an appointment under this section had not arisen; or (b) there is a defect or irregularity in the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. [Section 14, formerly section 12, amended: No. 78 of 2003 s. 10 and 35(13); renumbered as section 14: No. 78 of 2003 s. 35(1); amended: No. 5 of 2024 s. 12.] 15. Oath or affirmation of office (1) Before beginning to perform the functions of the office of Commissioner or Deputy Commissioner a person is to take an oath or make an affirmation that the person — (a) will faithfully and impartially perform the functions of the office; and (b) will not, except in accordance with this Act, disclose any information received under this Act. (2) The oath or affirmation is to be administered by a judge. [Section 15, formerly section 13, renumbered as section 15: No. 78 of 2003 s. 35(1); amended: No. 5 of 2024 s. 13.] Division 2 — Functions of Corruption and Crime Commission 16. General functions The Commission has the functions conferred or imposed by or under this Act or any other written law. [Section 16, formerly section 14, renumbered as section 16: No. 78 of 2003 s. 35(1).] [17. Deleted: No. 35 of 2014 s. 9.] 18. Serious misconduct function (1) It is a function of the Commission (the serious misconduct function) to ensure that an allegation about, or information or matter involving, serious misconduct is dealt with in an appropriate way. (2) Without limiting how the Commission may perform the serious misconduct function, the Commission performs the function by — (a) receiving and initiating allegations of serious misconduct; (b) considering whether action is needed in relation to allegations and matters related to serious misconduct; (c) investigating or taking other action in relation to allegations and matters related to serious misconduct if it is appropriate to do so, or referring the allegations or matters to independent agencies or appropriate authorities so that they can take action themselves or in cooperation with the Commission; (d) monitoring the way in which independent agencies and appropriate authorities take action in relation to allegations and matters that are referred to them by the Commission; (e) regardless of whether or not there has been an allegation of serious misconduct, investigating whether serious misconduct — (i) has or may have occurred; or (ii) is or may be occurring; or (iii) is or may be about to occur; or (iv) is likely to occur; (f) making recommendations and furnishing reports on the outcome of investigations; (g) consulting, cooperating and exchanging information with independent agencies, appropriate authorities and — (i) the Commissioner of the Australian Federal Police; (ii) the Commissioner of a Police Force of another State or Territory; (iii) the CEO of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; (iv) the Commissioner of Taxation holding office under the Taxation Administration Act 1953 of the Commonwealth; (v) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; (vi) the Director of the Australian Transaction Reports and Analysis Centre under the Financial Transaction Reports Act 1988 of the Commonwealth; (vii) any person, or authority or body of this State, the Commonwealth, another State or a Territory that is declared by the Minister to be a person, authority or body to which this paragraph applies; (h) assembling evidence obtained in the course of exercising the serious misconduct function and — (i) furnishing to an independent agency or another authority, evidence which may be admissible in the prosecution of a person for a criminal offence against a written law or which may otherwise be relevant to the functions of the agency or authority; and (ii) furnishing to the Attorney General or a suitable authority of another State, a Territory, the Commonwealth or another country, evidence which may be admissible in the prosecution of a person for a criminal offence against a law of the jurisdiction concerned or which may otherwise be relevant to that jurisdiction. (3) When the Commission is deciding whether further action for the purposes of this Act in relation to an allegation is warranted, the matters to which it may have regard include the following — (a) the seriousness of the conduct or involvement to which the allegation relates; (b) whether or not the allegation is frivolous or vexatious or is made in good faith; (c) whether or not the conduct or involvement to which the allegation relates is or has been the subject of appropriate investigatory or other action otherwise than for the purposes of this Act; (d) whether or not, in all the circumstances, the carrying out of further action for the purposes of this Act in relation to the allegation is justified or is in the public interest. (4) As an aspect of the serious misconduct function, the Commission may help public authorities to prevent serious misconduct by doing the following — (a) analysing the information it gathers in performing the serious misconduct function, including the intelligence gathered in support of investigations into serious misconduct; (b) analysing systems used within public authorities to prevent serious misconduct; (c) providing information to, consulting with, and making recommendations to, public authorities about ways to prevent serious misconduct; (d) generally increasing the capacity of public authorities to prevent serious misconduct by providing advice and training to those authorities and, if asked, to other entities; (e) reporting on ways to prevent and combat serious misconduct. [Section 18 inserted: No. 78 of 2003 s. 11; amended: No. 35 of 2014 s. 10.] 19. Functions in relation to Police Royal Commission (1) In this section — record includes — (a) evidence in any form; and (b) information and other things. (2) Without limiting the Commission's functions under section 18, the Commission has the following functions in relation to the Police Royal Commission — (a) to receive and assess all matters referred to the Commission by the Police Royal Commission under subsection (3); (b) to receive and assess all matters not completed by the Police Royal Commission at the end of the Police Royal Commission (as determined under section 3(2) of the Royal Commission (Police) Act 2002); (c) to treat any investigation or assessment of the Police Royal Commission in relation to a matter referred to in paragraph (a) or (b) as an investigation or assessment of the Commission; (d) to initiate or continue the investigation of any such matters where appropriate, and otherwise deal with those matters; (e) to receive and deal with records of the Police Royal Commission. (3) The Police Royal Commission may refer any matter before the Police Royal Commission to the Commission to be dealt with under this Act. (4) When the Commission receives a matter referred to in paragraph (2)(a) or (2)(b), any record of the Police Royal Commission for the purposes of or in relation to the matter is to be transferred to the Commission, and becomes a record of the Commission and may be dealt with accordingly. (5) The Commission may enter into arrangements with the person appointed to be the Police Royal Commission regarding — (a) the cooperative performance of the respective functions of the Commission and the Police Royal Commission; and (b) the joint use of facilities and staff; and (c) the transfer of records from the Police Royal Commission to the Commission. (6) For the purposes of subsection (2), the Commission has, in addition to its functions under this Act, all of the functions of the Police Royal Commission. (7) To the extent that a duty of the Commission under this Act is inconsistent with a duty of the Police Royal Commission, this Act prevails. [Section 19, formerly section 16, amended: No. 78 of 2003 s. 13; renumbered as section 19: No. 78 of 2003 s. 35(1).] 20. Functions in relation to A‑CC The Commission may enter into arrangements with the A‑CC regarding — (a) the cooperative performance of the respective functions of the Commission and the A‑CC; and (b) the joint use of facilities and staff; and (c) the transfer of records and other things from the A‑CC to the Commission. [Section 20, formerly section 17, renumbered as section 20: No. 78 of 2003 s. 35(1).] 21. Organised crime functions The Commission has the functions set out in Part 4. [Section 21 inserted: No. 78 of 2003 s. 15.] 21A. Reviewable police action (1) The Commissioner of Police is required to notify the Commission of matters concerning, or that may concern, reviewable police action in accordance with guidelines issued under section 30. (2) The Commission may deal with a matter notified under subsection (1) as if it were a matter notified under section 28(2). (3) This section does not limit the powers of the Commission under section 22 or 24 in relation to police misconduct. [Section 21A inserted: No. 78 of 2003 s. 16; amended: No. 35 of 2014 s. 11.] 21AA. Prevention and education function: police misconduct (1) It is a function of the Commission (the prevention and education function) to help to prevent police misconduct. (2) Without limiting the ways the Commission may perform the prevention and education function, the Commission performs that function by doing the following — (a) analysing the information it gathers in performing functions under this Act and any other Act, including the intelligence gathered in support of its police misconduct and organised crime functions; (b) analysing systems used within the Police Department to prevent police misconduct; (c) using information it gathers from any source in support of the prevention and education function; (d) providing information to, consulting with, and making recommendations to, the Police Department; (e) providing information relevant to the prevention and education function to members of the police service and to the general community; (f) ensuring that in performing all of its functions it has regard to the prevention and education function; (g) generally increasing the capacity of the Police Department to prevent and combat police misconduct by providing advice and training to the Police Department; (h) reporting on ways to prevent and combat police misconduct. (3) In performing the prevention and education function, the Commission may consult, cooperate, and exchange information, with the Public Sector Commissioner. [Section 21AA inserted: No. 35 of 2014 s. 12.] 21AB. Capacity development function: public authorities (1) If, in the course of performing its other functions, the Commission identifies a special need to increase the capacity of public authorities generally, or the capacity of a particular public authority, to prevent or combat misconduct, the Commission has the function (the capacity development function) of assisting, in cooperation with the Public Sector Commissioner, those public authorities or that public authority to increase that capacity. (2) Without limiting the ways the Commission may perform the capacity development function, the Commission performs that function by doing the following — (a) analysing intelligence it gathers in support of its serious misconduct and organised crime functions; (b) using information it gathers from any source in support of the capacity development function. (3) In performing the capacity development function, the Commission may consult, cooperate, and exchange information, with the Public Sector Commissioner. (4) This section does not limit the obligation of the Commission under section 45A(4) to support the Public Sector Commissioner. [Section 21AB inserted: No. 35 of 2014 s. 12.] 21AC. Information about allegations received or initiated by Public Sector Commissioner For the purpose of assisting the Commission in performing the serious misconduct function and the capacity development function, the Public Sector Commissioner will, if requested by the Commission to do so, provide the Commission with details about any allegation, or class of allegations, of minor misconduct received or initiated by the Public Sector Commissioner under section 45D(1). [Section 21AC inserted: No. 35 of 2014 s. 12.] 21AD. Unexplained wealth functions (1) The Commission has the functions (unexplained wealth functions) that are conferred on it under the Criminal Property Confiscation Act 2000. (2) The Commission may decide to exercise its unexplained wealth functions on the basis of — (a) consultations, and investigations and other actions (either by itself or in cooperation with independent agencies, appropriate authorities and other relevant persons or bodies); or (b) information otherwise given to the Commission. (3) The Commission may exercise its powers under this Act to assist in the performance of its functions under the Criminal Property Confiscation Act 2000. (4) For the purposes of the Criminal Property Confiscation Act 2000, the Commission may make such use as it thinks fit of any information obtained by it under this Act. (5) Without limiting how the Commission may perform its unexplained wealth functions, the Commission may — (a) investigate, either by itself or in cooperation with another body, whether a person has or may have acquired unexplained wealth or a criminal benefit; and (b) consult, cooperate and exchange information with independent agencies, appropriate authorities and any other relevant persons and bodies. [Section 21AD inserted: No. 10 of 2018 s. 8.] Part 3 — Serious misconduct: role of Commission [Heading inserted: No. 35 of 2014 s. 13.] Division 1 — Assessments and opinions [Heading inserted: No. 78 of 2003 s. 17.] 22. Assessments and opinions as to occurrence of serious misconduct (1) Regardless of whether or not there has been an allegation of serious misconduct, the Commission may make assessments and form opinions as to whether serious misconduct — (a) has or may have occurred; or (b) is or may be occurring; or (c) is or may be about to occur; or (d) is likely to occur. (2) The Commission may make the assessments and form the opinions on the basis of — (a) consultations, and investigations and other actions (either by itself or in cooperation with an independent agency or appropriate authority); or (b) investigations or other action of the Police Royal Commission; or (c) preliminary inquiry and further action by the A‑CC; or (d) investigations or other action of an independent agency or appropriate authority; or (e) information included in any received matter or otherwise given to the Commission. (3) The Commission may advise an independent agency or appropriate authority of an assessment or opinion. [Section 22 inserted: No. 78 of 2003 s. 17; amended: No. 35 of 2014 s. 31.] [23. Deleted: No. 35 of 2014 s. 14.] Division 2 — Allegations [Heading inserted: No. 78 of 2003 s. 17.] 24. Allegations of serious misconduct (1) Subject to section 27 the Commission — (a) is to receive allegations of serious misconduct by way of — (i) reports under section 25; and (ii) matters notified under section 28(2); and (iii) received matters; and (b) may initiate allegations of serious misconduct by way of propositions under section 26. (2) Before assessing an allegation received by the Commission, the Commission may seek further information about the allegation from the person making the allegation in such form as the Commission thinks fit. [Section 24 inserted: No. 78 of 2003 s. 17; amended: No. 35 of 2014 s. 31.] 25. Any person may report serious misconduct (1) A public officer or any other person may report to the Commission any matter which that person suspects on reasonable grounds concerns or may concern serious misconduct that — (a) has or may have occurred; or (b) is or may be occurring; or (c) is or may be about to occur; or (d) is likely to occur. (2) A report may be made to the Commission orally or in writing. (3) This section has effect despite — (a) the provisions of any other Act, whether enacted before or after this Act; and (