Western Australia: Parliamentary Commissioner Act 1971 (WA)

Western Australia Parliamentary Commissioner Act 1971 Western Australia Parliamentary Commissioner Act 1971 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 4. Terms used 1 4A. Term used: authority 1 Part II — The Parliamentary Commissioner for Administrative Investigations 5. Commissioner and Deputy Commissioner, appointment of etc. 1 6. Removal or suspension of Commissioner or Deputy Commissioner 1 6A. Deputy Parliamentary Commissioner, functions of 1 7. Acting Parliamentary Commissioner, appointment of etc. 1 8. Oath or affirmation of Commissioner, Deputy Commissioner and Acting Commissioner 1 9. Staff of Commissioner 1 10. Other provisions as to Commissioner and other officers 1 11. Delegation by Commissioner 1 12. Rules of Parliament 1 Part III — Jurisdiction and functions of the Commissioner Division 1 — Extent of jurisdiction 13. Departments and authorities subject to investigation 1 14. Matters subject to investigation 1 Division 2 — Initiation of investigations 15. Investigations on reference by Parliament 1 16. Initiation of investigations 1 17. Complaints to Commissioner 1 17A. Complaints by persons in custody 1 18. Refusal to investigate complaints 1 Division 3A — Deaths of certain children 19A. Terms used 1 19B. Functions as to investigable deaths 1 Division 3B — Reportable conduct scheme Subdivision 1 — Preliminary 19C. Terms used 1 19D. Employees of relevant entities 1 19E. Head of a relevant entity 1 19F. Reportable allegation 1 19G. Reportable conduct 1 19H. Reportable conviction 1 19I. Entities to which reportable conduct scheme applies 1 19J. Object and principles 1 19K. Paramount consideration 1 19L. Certain provisions not applicable if entity is agent of Crown 1 Subdivision 2 — Role of Commissioner 19M. Functions of Commissioner in relation to scheme 1 19N. Commissioner may exempt conduct 1 19O. Commissioner may exempt entities 1 19P. Commissioner may exempt investigations 1 19Q. Commissioner may approve head of relevant entity in certain circumstances 1 Subdivision 3 — Systems to deal with reportable conduct 19R. Head of relevant entity must ensure systems in place 1 19S. Commissioner may require information about systems 1 Subdivision 4 — Notice, investigation and reporting 19T. Report of reportable allegation or reportable conviction 1 19U. Head of relevant entity must notify Commissioner 1 19V. Information may be disclosed to Commissioner or head of entity 1 19W. Head of relevant entity must respond to reportable allegation or reportable conviction 1 19X. Informing employee of certain matters and giving employee opportunity to make submissions 1 19Y. Commissioner must be notified of matters affecting investigation 1 19Z. Head of relevant entity must report outcome of investigation to Commissioner 1 19ZA. Head of relevant entity must report outcome of investigation to employee if employee informed of investigation 1 19ZB. Commissioner may conduct own investigation 1 19ZC. Notice to head of relevant entity of Commissioner's investigation 1 19ZD. Provisions relating to investigation under section 19ZB(1)(a) 1 19ZE. Provision relating to investigation under section 19ZB(1)(b) or (c) 1 19ZF. Application to State Administrative Tribunal for review 1 19ZG. Concurrent investigations or proceedings 1 Subdivision 5 — Disclosure of information 19ZH. Disclosure of information to child, parent, guardian or other person with parental responsibility 1 19ZI. Commissioner may request information about reportable convictions 1 19ZJ. Prohibition on publishing certain information 1 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 1 Division 3 — Conduct of investigations 19. Proceedings on investigations 1 20. Commissioner has powers under Royal Commissions Act 1968; privilege and secrecy provisions 1 21. Power to enter premises 1 22. Protection for proceedings in Cabinet 1 22A. Consultation other than in relation to reportable conduct scheme 1 22AA. Consultation in relation to reportable conduct scheme 1 22B. Disclosure of certain information other than in relation to reportable conduct scheme 1 22C. Disclosure of certain information in relation to reportable conduct scheme 1 23. Secrecy 1 23A. Certain documents sent to or by Commissioner not admissible 1 24. Obstruction 1 Division 4 — Action on investigations 25. Procedure on completion of investigation 1 26. Information to complainant on investigation 1 Division 5 — Annual and other reports of the Commissioner 27. Commissioner may report to Parliament 1 28. Annual report to include report on reportable conduct scheme 1 Part IV — Miscellaneous 29. Supreme Court may determine jurisdictional questions 1 29A. Delegation by Commissioner of Police 1 30. Protection of Commissioner and officers 1 30A. Protection of complainants etc. 1 30AA. Protection from liability for giving information: reportable conduct scheme 1 30B. Victimisation 1 31. General penalty 1 32. Expenses of Act 1 33. Regulations 1 34. Energy and water ombudsman schemes 1 Schedule 1 — Departments and authorities, and extent, to which this Act does not apply Schedule 2 — Relevant entities to which this Act applies Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Parliamentary Commissioner Act 1971 An Act to provide for the appointment of a Parliamentary Commissioner for Administrative Investigations with functions relating to the investigation of administrative action taken by or on behalf of certain departments and authorities, to the deaths of certain children and to the reportable conduct scheme and for incidental purposes. [Long title amended: No. 78 of 1996 s. 4; No. 78 of 2003 s. 72(1); No. 10 of 2009 s. 4; No. 25 of 2022 s. 4.] Part I — Preliminary 1. Short title This Act may be cited as the Parliamentary Commissioner Act 1971. 2. Commencement This Act shall come into operation on a date to be fixed by Proclamation. [3. Deleted: No. 10 of 1998 s. 76.] 4. Terms used In this Act, unless the contrary intention appears — Acting Commissioner means the Acting Parliamentary Commissioner for Administrative Investigations appointed under this Act; appropriate authority, in relation to an investigation under this Act, means the department or authority by which or on behalf of which the action that is the subject of such investigation was taken; authority has the meaning given by section 4A; CCS Act means the Children and Community Services Act 2004; Commissioner means the Parliamentary Commissioner for Administrative Investigations appointed under this Act; Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; contractor means a contractor as defined in 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; Corruption and Crime Commission has the meaning given to Commission under the Corruption, Crime and Misconduct Act 2003; department means a department of the Public Service; Deputy Commissioner means the Deputy Parliamentary Commissioner for Administrative Investigations appointed under this Act; Director of Public Prosecutions means the Director within the meaning of the Director of Public Prosecutions Act 1991; head, of a relevant entity, has the meaning given in section 19E; Inspector of Custodial Services means the Inspector of Custodial Services under the Inspector of Custodial Services Act 2003; investigator, conducting an investigation under Part III Division 3B, means a person or body conducting the investigation under that Division on behalf of the head of a relevant entity for the purposes of the reportable conduct scheme; officer of the Commissioner means an officer appointed under section 9(1); officer of the Corruption and Crime Commission has the meaning given to officer of the Commission under the Corruption, Crime and Misconduct Act 2003; officer of the Parliamentary Inspector of the Corruption and Crime Commission has the meaning given to officer of the Parliamentary Inspector under the Corruption, Crime and Misconduct Act 2003; Parliamentary Inspector of the Corruption and Crime Commission has the meaning given to Parliamentary Inspector under the Corruption, Crime and Misconduct Act 2003; person aggrieved, in relation to a complaint under this Act, means the person who appears from the complaint to be the person personally affected by the action to which the complaint relates; principal officer means — (a) in relation to a department or an organisation within the meaning of the Public Sector Management Act 1994, the chief executive officer or chief employee of the department or organisation; and (aa) in relation to a contractor and to 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 (b) in relation to any other authority, the president, chairman, or other principal or presiding member of the authority or, if the authority is constituted by a single person, that person; public service officer has the meaning that it has in the Public Sector Management Act 1994; relevant entity means an entity to which the reportable conduct scheme applies under section 19I; religious body means a body established or operated for a religious purpose that operates under the auspices of 1 or more religious denominations or faiths; reportable allegation has the meaning given in section 19F; reportable conduct has the meaning given in section 19G; reportable conduct scheme means the scheme established under Part III Division 3B; reportable conviction has the meaning given in section 19H; responsible Minister means — (a) in relation to action taken by any department or authority, the Minister charged with the administration of that department or the enactment in relation to the functions conferred by, or arising under, which the action was taken; and (b) in relation to action taken by a contractor or subcontractor, the Minister to whom the administration of the Court Security and Custodial Services Act 1999, the Declared Places (Mental Impairment) Act 2015 or the Prisons Act 1981 is committed, as is relevant to the case; staff, in relation to the Commissioner, means officers of the Commissioner and persons whose services are used under section 9(2a) and persons engaged under section 9(2B); subcontractor means a subcontractor as defined in 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; tribunal includes the person constituting a tribunal consisting of one person. [Section 4 amended: No. 13 of 1982 s. 2; No. 73 of 1994 s. 4; No. 78 of 1996 s. 5 and 21; No. 43 of 1999 s. 20; No. 47 of 1999 s. 23; No. 74 of 2003 s. 91(2); No. 75 of 2003 s. 56(1); No. 78 of 2003 s. 72; No. 10 of 2009 s. 5; No. 35 of 2014 s. 36(2); No. 4 of 2015 s. 87(2); No. 25 of 2022 s. 5; No. 10 of 2023 s. 410.] 4A. Term used: authority (1) Each of the following is an authority for the purposes of this Act — (a) a local government, regional local government or regional subsidiary; (b) the Police Force of Western Australia; (c) a body, or the holder of an office, post or position — (i) established for a public purpose under a written law; or (ii) established by the Governor or a Minister; (d) a corporation or association over which control can be exercised by the State, by a Minister, by a department to which this Act applies or by an authority referred to in paragraph (a) or (c) and to which this Act applies; (e) an individual who, or body which, has been delegated the exercise of any power or the performance of any function of — (i) a department to which this Act applies; or (ii) an authority referred to in paragraph (a) or (c) and to which this Act applies, but only to the extent of the exercise of the power or the performance of the function; (f) a contractor or subcontractor. (2) In subsection (1)(c) and (e) — body includes — (a) agency, authority, board, college, commission, commissioner, committee, council, directorate, foundation, institute, instrumentality, office, panel, state trading concern, trustee and university, whether or not incorporated; and (b) association, company and corporation. (3) In subsection (1)(c) — established includes created, appointed, constituted and continued. [Section 4A inserted: No. 78 of 1996 s. 6; amended: No. 47 of 1999 s. 24; No. 26 of 2016 s. 78.] Part II — The Parliamentary Commissioner for Administrative Investigations 5. Commissioner and Deputy Commissioner, appointment of etc. (1) For the purpose of conducting investigations in accordance with this Act there shall be appointed a Commissioner, to be known as the Parliamentary Commissioner for Administrative Investigations. (1a) The Commissioner shall be assisted by a Deputy Commissioner, to be known as the Deputy Parliamentary Commissioner for Administrative Investigations. (2) The Commissioner and Deputy Commissioner shall be appointed by the Governor, and shall hold office in accordance with the provisions of this Act. (3) The Commissioner and Deputy Commissioner shall be appointed to hold office for a term of 5 years, but either the Commissioner or the Deputy Commissioner may, at any time, by writing under his hand, addressed to the Governor, resign his office, and on receipt of his resignation by the Governor, he shall vacate office as Commissioner or Deputy Commissioner, as the case requires. [(4) deleted] (5) The Commissioner and Deputy Commissioner shall be paid a salary at such rate as the Governor may determine; and the rate of that salary shall not, without the consent of the Commissioner or the Deputy Commissioner, as the case requires, be reduced during the term of office of the Commissioner or the Deputy Commissioner, as the case requires. (6) The salary payable to the holder of the office of Commissioner or Deputy Commissioner under this section shall be charged to the Consolidated Account which, to the necessary extent, is hereby appropriated accordingly. (7) The Commissioner and Deputy Commissioner are entitled to such leave of absence and such travelling and other allowances as the Governor determines. (8) No person who is or has been within the preceding 3 years a member of the Parliament of the Commonwealth or any State shall be appointed as Commissioner or Deputy Commissioner, and if the Commissioner or Deputy Commissioner is nominated for election for any of such Houses of Parliament he shall vacate office as Commissioner or Deputy Commissioner, as the case requires. (9) The Commissioner or Deputy Commissioner shall not, except in so far as he is authorised so to do by resolutions of both Houses of Parliament, hold any office of profit or trust (other than his office as Commissioner or Deputy Commissioner, as the case requires) or engage in any occupation for reward outside the duties of his office, and if the Commissioner or Deputy Commissioner contravenes this subsection he shall be regarded, for the purposes of section 6, as being guilty of misconduct. (10) Section 52 of the Interpretation Act 1984 does not apply to the office of Commissioner or Deputy Commissioner. [Section 5 amended: No. 13 of 1982 s. 3; No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 78 of 1996 s. 7; No. 10 of 1998 s. 57(1); No. 77 of 2006 s. 4.] 6. Removal or suspension of Commissioner or Deputy Commissioner (1) The Commissioner or Deputy Commissioner may, at any time, be suspended or removed from his office by the Governor on addresses from both Houses of Parliament. (2) Where the Governor is satisfied that the Commissioner or Deputy Commissioner — (a) is incapable of properly performing the duties of his office; or (b) has shown himself incompetent properly to perform, or has neglected, those duties; or (c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (d) has been guilty of misconduct, he may suspend the Commissioner or Deputy Commissioner, as the case requires, from his office. (3) When the Commissioner or Deputy Commissioner has been suspended from his office under subsection (2) he shall be restored to office unless — (a) a statement of the grounds of his 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 his removal from his office. [Section 6 amended: No. 13 of 1982 s. 4; No. 18 of 2009 s. 62.] 6A. Deputy Parliamentary Commissioner, functions of (1) The Deputy Commissioner shall perform such duties as the Commissioner directs. (2) Subject to section 7, when — (a) the Commissioner is absent from duty for any reason or is absent from the State; or (b) the Commissioner has been suspended; or (c) the office of Commissioner is vacant, the Deputy Commissioner shall act in the office of the Commissioner during the absence, suspension or vacancy and he may, while so acting, exercise all the powers and functions, and shall perform all the duties, of the Commissioner. [Section 6A inserted: No. 13 of 1982 s. 5.] 7. Acting Parliamentary Commissioner, appointment of etc. (1) The Governor may appoint a person to act in the office of the Commissioner in such cases or in such circumstances as may be provided for under this section, and the person so appointed shall be known as the Acting Parliamentary Commissioner for Administrative Investigations. (2) An Acting Commissioner may be appointed — (a) when the Commissioner is absent from duty for any reason or is absent from the State; or (b) when the Commissioner has been suspended; or (c) when the office of Commissioner is vacant; or (d) in such other case or circumstances as may be specified in Rules of Parliament. (2a) The Acting Commissioner, while so acting, may exercise the functions of the Commissioner, and anything done by the Acting Commissioner in so exercising those functions has the like effect as if it were done by the Commissioner. (3) The Acting Commissioner is entitled to such remuneration, leave of absence and such travelling and such other allowances as the Governor may determine. [Section 7 amended: No. 13 of 1982 s. 6.] 8. Oath or affirmation of Commissioner, Deputy Commissioner and Acting Commissioner (1) Before entering upon the exercise of the duties of their respective offices the Commissioner, the Deputy Commissioner and the Acting Commissioner shall each take an oath or affirmation that he will faithfully and impartially perform the duties of his office, and that he will not, except in accordance with this Act, divulge any information received by him under this Act. (2) The oath or affirmation shall be administered by the Speaker of the Legislative Assembly or, if the office of Speaker is then vacant or the Speaker is by reason of absence or incapacity unable to administer the oath or affirmation, by the President of the Legislative Council but, if the office of President is vacant or the President is by reason of absence or incapacity unable to administer the oath or affirmation, the oath or affirmation shall be administered by such person as is appointed by the Governor for the purpose. [Section 8 amended: No. 68 of 1976 s. 2; No. 13 of 1982 s. 7.] 9. Staff of Commissioner (1) The Commissioner may appoint such officers as he considers necessary for the purpose of enabling the functions of the Commissioner properly to be carried out. (2) Subject to this Act, the terms and conditions of service of officers of the Commissioner shall be such as the Commissioner determines. (2a) The Commissioner may by arrangement with the employing authority of the officer or employee, make use, either full‑time or part‑time, of the services of any officer or employee employed in the Public Service or in a State instrumentality or otherwise in the service of the Crown in right of the State. (2B) The Commissioner may engage persons under contracts for services to provide professional, technical or other assistance for the purpose of enabling the functions of the Commissioner properly to be carried out. (3) A member of the Commissioner's staff shall, before he commences his duties as such, take an oath or affirmation, to be administered by the Commissioner, that, except in accordance with this Act, he will not divulge any information received by him under this Act. (4) The Commissioner may by arrangement with an employing authority, State instrumentality or other statutory office holder, agree to that authority, instrumentality or office holder making use, either full‑time or part‑time, of the services of any officer of the Commissioner. (5) In this section — employing authority means an employing authority within the meaning of the Public Sector Management Act 1994. [Section 9 amended: No. 74 of 2003 s. 91(3), (4), (6), (8) and (9); No. 10 of 2009 s. 6.] 10. Other provisions as to Commissioner and other officers (1) Part 3 of the Public Sector Management Act 1994 does not apply to the Commissioner, the Deputy Commissioner, the Acting Commissioner, or the officers of the Commissioner. (2) The Commissioner, the Deputy Commissioner and each officer of the Commissioner shall, for the purposes of the Superannuation and Family Benefits Act 1938 1, be deemed to be an employee within the meaning of that Act. (3) When a public service officer is appointed to the office of Commissioner, Deputy Commissioner or Acting Commissioner or becomes an officer of the Commissioner he is entitled to retain all his existing and accruing rights as if his service in that office or as such an officer, as the case may be, were a continuation of his service as a public service officer. (4) When a person ceases to hold the office of Commissioner, Deputy Commissioner or Acting Commissioner or to be an officer of the Commissioner and becomes a public service officer his service in that office or as an officer of the Commissioner shall be regarded as service in the Public Service for the purposes of determining his rights as a public service officer. (5) Where — (a) the Commissioner or Deputy Commissioner; or (b) an officer of the Commissioner who is appointed for a fixed term, immediately prior to his appointment under this Act, occupied an office under Part 3 of the Public Sector Management Act 1994 for an indefinite period as a permanent officer, he shall, if his term of office expires by effluxion of time and he is not reappointed, be entitled to be appointed to an office under Part 3 of the Public Sector Management Act 1994, not lower in status than the office which he occupied immediately prior to his appointment as Commissioner, Deputy Commissioner or officer of the Commissioner, as the case requires. (6) Subsection (5) applies to an officer of the Commissioner irrespective of whether the officer was appointed before or after the day on which subsection (5)(b) commenced. [Section 10 amended: No. 68 of 1976 s. 3; No. 13 of 1982 s. 8; No. 32 of 1994 s. 19; No. 78 of 1996 s. 8; No. 74 of 2003 s. 91(10) and (11).] 11. Delegation by Commissioner (1) In so far as he is authorised so to do by Rules of Parliament made under this Act, or a resolution of both Houses of Parliament the Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him delegate to the Deputy Commissioner or any member of the Commissioner's staff the performance of any of the functions of the Commissioner under this Act other than the power to delegate under this section or to make any report or recommendation under this Act. (2) A delegation under this section may be made to a specified person or to the holder for the time being of a specified office or to the holders of specified offices. (3) Every delegation under this section may be revoked or varied at any time by the Commissioner by instrument in writing under his hand, and no such delegation prevents the exercise of any power by the Commissioner. (4) A delegation under this section may be made subject to conditions and restrictions, and may be made generally or in relation to any particular case or class of cases. (5) When a Commissioner by whom a delegation is made dies, or ceases to hold, or is suspended from, office, the delegation shall be deemed to continue in force according to its tenor until it is revoked or varied under this section. (6) The performance of a function by a delegate under this section shall be deemed to be the performance of the function by the Commissioner. (7) A delegate shall, upon request by a person affected by the exercise of any power delegated to him, produce the instrument of delegation, or a copy of the instrument, for inspection. [Section 11 amended: No. 124 of 1984 s. 3; No. 74 of 2003 s. 91(12).] 12. Rules of Parliament (1) Rules of Parliament may be made for the guidance of the Commissioner in the exercise of his functions and for the other purposes for which Rules of Parliament may be made under this Act. (2) Subject to this Act the functions of the Commissioner shall be exercised in accordance with the Rules of Parliament made under this Act. (3) The Rules of Parliament referred to in this section are rules that have been agreed upon by each House of Parliament in accordance with the rules and orders thereof. (4) Rules of Parliament made under this Act shall be published in the Government Gazette. (5) Section 42 of the Interpretation Act 1984 does not apply to Rules of Parliament made under this Act. [Section 12 amended: No. 78 of 1996 s. 9.] Part III — Jurisdiction and functions of the Commissioner Division 1 — Extent of jurisdiction 13. Departments and authorities subject to investigation (1) Subject to subsection (2), this Act applies to all departments and authorities. (2) This Act does not apply to — (a) either House of Parliament, any committee or member of either of those Houses or a joint committee of both Houses of Parliament; or (b) any member of a department of the staff of Parliament referred to in, or an electorate officer within the meaning of, the Parliamentary and Electorate Staff (Employment) Act 1992; or (c) the Clerk or the Deputy Clerk of either House of Parliament; or (d) the Supreme Court, a judge or any person acting in the office, or performing the functions of, a master, the Principal Registrar or a registrar of the Supreme Court; or (e) the District Court, a District Court judge or any person acting in the office, or performing the functions of, a registrar within the meaning of the District Court of Western Australia Act 1969; or (f) the Family Court, a judge or an acting judge of that Court or any person acting in the office, or performing the functions of, the Principal Registrar, a registrar or a deputy registrar of that Court; or (g) the Magistrates Court, or a magistrate or acting magistrate appointed under the Magistrates Court Act 2004, or a justice of the peace when constituting that Court; or (ga) the Children's Court, or a judge, acting judge, magistrate or acting magistrate, appointed under the Children's Court of Western Australia Act 1988, or a justice of the peace when constituting that Court; or (h) the Liquor Licensing Court 2, the judge or an acting judge of that Court or any person acting in the office, or performing the functions of, the registrar of that Court; or (i) any other court of law; or (j) a commissioner of any court; or [(k) deleted] (ka) the State Administrative Tribunal, a judicial or non‑judicial member of that Tribunal or any person acting in the office, or performing the functions, of the executive officer of that Tribunal; or (l) a coroner; or (m) the Governor, a member of the Governor's Establishment within the meaning of the Governor's Establishment Act 1992 or a person to whom section 6(1)(a) of that Act applies; or (n) any department or authority specified in Schedule 1 but if the extent to which this Act does not apply in respect of a department or authority has been set out in the item in Schedule 1 relating to that department or authority then this Act does not apply to that extent. (3) For the purposes of this Act, but subject to subsection (5) — (a) references to a department or authority shall be construed as including references to each of the members, officers, and employees thereof; and (b) references to an officer of an authority shall be construed — (i) as including references to an officer appointed by, or a person employed or engaged to work in, that authority under any enactment; and (ii) in the case of a contractor or subcontractor, as also including references to an officer of, or a person employed or engaged to work for, the contractor or subcontractor; and (c) references to a member of an authority shall be construed — (i) as including references to the holder of any office created by an enactment who by virtue of his holding that office is a member of that authority; and (ii) in the case of a contractor or subcontractor, as including references to each director of the contractor or subcontractor. (4) For the purposes of this Act, but subject to subsection (5), the following persons shall be deemed to constitute the officers and employees of a department, namely — (a) the chief executive officer of the department; and (b) public service officers employed in the department; and (c) officers appointed by the Governor under the provisions of any Act administered in that department; and (d) officers appointed, and persons employed or engaged, by the Minister of the Crown administering the department or the chief executive officer of the department, being either — (i) officers or persons who are so appointed, employed or engaged under any enactment; or (ii) officers or persons whose remuneration as such is defrayed in whole or in part out of moneys provided by Parliament. (5) A person who is a ministerial officer for the purposes of section 74(3) of the Public Sector Management Act 1994 shall not, as such, be regarded for the purposes of this Act as a member or an officer or employee of a department or authority. [Section 13 amended: No. 13 of 1982 s. 9; No. 14 of 1994 s. 19(1); No. 29 of 1996 s. 26; No. 78 of 1996 s. 10 and 21; No. 41 of 1997 s. 34; No. 47 of 1999 s. 25; No. 55 of 2004 s. 1325; No. 59 of 2004 s. 141.] 14. Matters subject to investigation (1) Subject to this Act, the Commissioner shall investigate any decision or recommendation made, or any act done or omitted, that relates to a matter of administration and affects any person or body of persons in his or its personal capacity in or by any department or authority to which this Act applies in the exercise of any power or function. (2) References in this Act to the taking of any action shall be construed as including references to — (a) a failure or refusal to perform any act; and (b) the formulation of any proposal or intention; and (c) the making of any recommendation (including a recommendation to a Minister of the Crown). (3) This section does not authorise or require the Commissioner to investigate under this Act any decision made by Cabinet or by a Minister of the Crown or question the merits of any such decision. (4) Subject to subsection (5), the Commissioner shall not conduct an investigation under this Act in respect of any of the following matters, that is to say — (a) any action in respect of which the person aggrieved has or had a right of appeal, reference, or review to or before a tribunal constituted under any enactment or by virtue of the Crown's prerogative; and (b) any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law. (5) Notwithstanding anything in subsection (4), the Commissioner may conduct any investigation notwithstanding that the person aggrieved has or had such a right or remedy as is referred to in that subsection if he is satisfied that, in the particular circumstances, it is not reasonable to expect him to resort, or to have resorted, to it. (6) The Commissioner shall not conduct an investigation into any action taken by a person acting as legal adviser or as counsel. (7) The powers of the Commissioner under this Act in relation to any action taken by a department or authority may be exercised notwithstanding that that action was taken on behalf of, or in the exercise of any functions conferred on, an authority to which this Act does not apply, but nothing in this Act authorises or requires the Commissioner to question the merits of any decision made by such an authority. (8) The powers of the Commissioner to investigate any action may, if in all the circumstances he considers it proper so to do, be exercised in respect of action taken before the coming into operation of this Act. [Section 14 amended: No. 68 of 1976 s. 4; No. 124 of 1984 s. 4; No. 78 of 1996 s. 21; No. 78 of 2003 s. 72(1).] Division 2 — Initiation of investigations 15. Investigations on reference by Parliament (1) Either House of Parliament, or any committee of either of those Houses, or a joint committee of both Houses of Parliament, may refer to the Commissioner, for investigation and report, any matter which is within his jurisdiction and which that House or committee considers should be investigated by him. (2) On any matter being referred to him under this section the Commissioner shall, as soon as may be, carry out the investigation and submit his report thereon, in the case of a matter referred — (a) by a joint committee of both Houses of Parliament — to the President of the Legislative Council and the Speaker of the Legislative Assembly; or (b) by the Legislative Council, or a committee thereof — to the President of the Legislative Council; or (c) by the Legislative Assembly, or a committee thereof —to the Speaker of the Legislative Assembly. (3) Section 14(4) does not apply to a matter referred to the Commissioner under this section, but where, in relation to that matter any person aggrieved thereby has or had such a right or remedy as is referred to in that subsection, the Commissioner may refrain from commencing any investigation into that matter until he is satisfied that that right or remedy cannot or will not be exercised or sought or, if it has been exercised or sought, the proceedings thereon have been finally concluded or abandoned. [Section 15 amended: No. 68 of 1976 s. 5.] 16. Initiation of investigations (1) Without prejudice to the provisions of section 15 any investigation that the Commissioner is authorised to conduct under this Act may be so conducted, either on his own motion or on a complaint made in accordance with section 17. (2) An investigation may be commenced as a consequence of a complaint notwithstanding that the complaint may not on its face be against any such action as is referred to in section 14(1). 17. Complaints to Commissioner (1) Except as otherwise provided in this section a complaint under this Act shall be made in writing by any person or by any body of persons, whether incorporated or not. (2) When the person by whom a complaint might have been made under this Act dies or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or other individual suitable to represent him; but except as otherwise provided in this subsection a complaint shall not be entertained under this Act unless it is made by the person aggrieved himself. (3) The provisions of any enactment prohibiting or restricting or authorising or requiring the imposition of prohibitions or restrictions on communication to any other person do not apply to any communication made for the purpose of making a complaint under this Act. [(4) deleted] (5) Except where the Commissioner, in the special circumstances of a case, otherwise determines, a complaint shall not be entertained under this Act unless it is made not later than 12 months from the day on which the person aggrieved first had notice of the matters alleged in the complaint. [(6) Omitted under the Reprints Act 1984 s. 7(4)(e).] [Section 17 amended: No. 124 of 1984 s. 5; No. 78 of 1996 s. 11.] 17A. Complaints by persons in custody (1) Subject to subsection (5), a person who is detained in custody is entitled — (a) upon making a request to the officer in whose custody he is detained or to any other officer performing duties in connection with his detention — (i) to be provided with facilities for preparing a complaint in writing under this Act, for furnishing in writing to the Commissioner after the complaint has been made any other relevant information, and for enclosing the complaint or the other information (if any) in a sealed envelope; and (ii) to have posted to the Commissioner, without undue delay, a sealed envelope delivered by him to any such officer and addressed to the Commissioner; and (b) to have delivered to him, without undue delay, any sealed envelope addressed to him and sent by the Commissioner that comes into the possession or under the control of any such officer. (2) Subject to subsection (5), where a sealed envelope addressed to the Commissioner is delivered by a person detained in custody to an officer referred to in subsection (1) for posting to the Commissioner, or a sealed envelope addressed to a person so detained and sent by the Commissioner comes into the possession or under the control of any such officer, the officer shall not open the envelope, or inspect any document enclosed in the envelope. (3) The Commissioner may make arrangements with the relevant authorities for the identification and delivery of sealed envelopes sent by the Commissioner to persons detained in custody. (4) In subsection (3) the relevant authorities means the Commissioner of Police, the chief executive officer of the department principally assisting the Minister administering the Prisons Act 1981 with the administration of that Act, the CEO as defined in the Court Security and Custodial Services Act 1999, the CEO as defined in the Declared Places (Mental Impairment) Act 2015 section 3, the CEO as defined in the Health Legislation Administration Act 1984 section 3 and the chief executive officer within the meaning of the Young Offenders Act 1994. (5) Subsections (1) and (2) — (a) do not affect the operation of sections 67 and 68 of the Prisons Act 1981; and (b) subject to paragraph (a), have effect notwithstanding anything in any other Act. (5a) A reference in subsection (1) to an officer in whose custody a person is detained includes a reference to a person authorised to exercise a power set out in Division 1, 2 or 3 of Schedule 2, or in Schedule 3, to the Court Security and Custodial Services Act 1999 in relation to the detained person. (6) An officer referred to in subsection (1) who wilfully contravenes or fails to comply with this section is guilty of an offence. Penalty: $200. [Section 17A inserted: No. 124 of 1984 s. 6; amended: No. 47 of 1987 s. 26; No. 113 of 1987 s. 31; No. 78 of 1996 s. 12; No. 47 of 1999 s. 26; No. 25 of 2014 s. 75; No. 4 of 2015 s. 87(3); No. 10 of 2023 s. 410.] 18. Refusal to investigate complaints (1) The Commissioner may refuse to entertain a complaint, or, having commenced to investigate a matter raised in a complaint, may refuse to continue the investigation if he is of the opinion that — (a) the matter raised in the complaint is trivial; or (b) the complaint is frivolous or vexatious or is not made in good faith; or (c) the person aggrieved has not a sufficient personal interest in the matter raised in the complaint; or (d) having regard to all the circumstances of the case, the investigation, or the continuance of the investigation of the matter raised in the complaint, is unnecessary or unjustifiable. (2) Where, under this Act, the Commissioner is precluded from entertaining, or refuses to entertain, a complaint, or refuses to continue an investigation of any matter raised in a complaint, he shall inform the complainant of his decision and at the same time state the reasons therefor. Division 3A — Deaths of certain children [Heading inserted: No. 10 of 2009 s. 7.] 19A. Terms used (1) In this Division — investigable death has the meaning given in subsection (3). (2) If a term is given a meaning in the CCS Act, it has the same meaning in this Division unless the contrary intention appears in this Division. (3) An investigable death occurs if a child dies and any of the following circumstances exists — (a) in the 2 years before the date of the child's death, the CEO had received information that raised concerns about the wellbeing of the child or a child relative of the child; (b) in the 2 years before the date of the child's death, the CEO, under section 32(1) of the CCS Act, had determined that action should be taken to safeguard or promote the wellbeing of the child or a child relative of the child; (c) in the 2 years before the date of the child's death, any of the actions listed in section 32(1) of the CCS Act was done in respect of the child or a child relative of the child; (d) protection proceedings are pending in respect of the child or a child relative of the child; (e) the child or a child relative of the child is in the CEO's care. [Section 19A inserted: No. 10 of 2009 s. 7; amended: No. 25 of 2022 s. 6.] 19B. Functions as to investigable deaths (1) When the advisory body called the Child Death Review Committee, taken to be established under section 27 of the CCS Act, is abolished, the Commissioner is its successor for the purposes of the State Records Act 2000 section 8 which applies accordingly. (2) The Commissioner, after taking account of any information and reasons given to the Commissioner under the CCS Act section 242A(3), may decide if the death of a child is or is not an investigable death. (3) The Commissioner's functions in relation to investigable deaths are as follows — (a) to review the circumstances in which and why the deaths occurred; (b) to identify any patterns or trends in relation to the deaths; (c) to make recommendations to any department or authority about ways to prevent or reduce investigable deaths. (4) To enable the Commissioner to perform the functions in subsections (2) and (3), the Commissioner may exercise any power the Commissioner has under Division 3 in order to obtain information relevant to the death of a child. (5) The Commissioner may perform the functions the Commissioner has under this Act to investigate a decision or recommendation made, or an act done or omitted, in or by a department or authority to which this Act applies in the exercise of any power or function if the decision, recommendation, act or omission relates to — (a) a matter of administration; and (b) an investigable death. [Section 19B inserted: No. 10 of 2009 s. 7.] Division 3B — Reportable conduct scheme [Heading inserted: No. 25 of 2022 s. 7.] Subdivision 1 — Preliminary [Heading inserted: No. 25 of 2022 s. 7.] 19C. Terms used In this Division — child means a person who is under 18 years of age; commencement day means the day on which the Parliamentary Commissioner Amendment (Reportable Conduct) Act 2022 section 7 comes into operation; employee, of a relevant entity, has the meaning given in section 19D; investigation, of a matter, includes any preliminary or other inquiry into, or examination of, the matter; investigation information means information — (a) relating to a reportable allegation or a reportable conviction involving an employee of a relevant entity; or (b) obtained as a result of an investigation into a reportable allegation or reportable conviction conducted by the Commissioner or a relevant entity; or (c) relating to any of the following — (i) the progress, conduct or findings of an investigation referred to in paragraph (b); (ii) any disciplinary or other action taken or not taken in relation to an employee of a relevant entity as a result of the findings of an investigation referred to in paragraph (b); (iii) any action taken, or proposed to be taken, by a relevant entity, as a result of the findings of an investigation referred to in paragraph (b), to improve the identification or prevention of reportable conduct, or the reporting, notification or investigation of reportable allegations and reportable convictions, involving employees of the relevant entity; physical assault means — (a) the intentional or reckless application of physical force without lawful justification or excuse; or (b) any act that intentionally or recklessly causes another person to apprehend immediate and unlawful violence; sexual misconduct — (a) includes misconduct against, with or in the presence of, a child that is sexual in nature; but (b) does not include a sexual offence; sexual offence — (a) means an offence of a sexual nature under a law of this State, another State, a Territory or the Commonwealth, committed against, with or in the presence of, a child; and (b) includes, without limitation — (i) an offence under The Criminal Code Chapter XXXI committed against, with or in the presence of, a child; and (ii) an offence of a sexual nature under The Criminal Code Chapter XXV; and (iii) an offence of a sexual nature under any other provision of The Criminal Code committed against, with or in the presence of, a child; and (iv) an offence under a law of another State, a Territory or the Commonwealth the elements of which, if they had occurred in this State, would have constituted an offence of a kind referred to in subparagraph (i), (ii) or (iii); and (v) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in subparagraphs (i) to (iv) or paragraph (a); and (vi) an offence that, at the time it was committed (whether before, on or after commencement day), was an offence of a kind referred to in paragraph (a). [Section 19C inserted: No. 25 of 2022 s. 7.] 19D. Employees of relevant entities (1) An employee, of a relevant entity, is an individual who has reached 18 years of age and is — (a) an officer or employee of the relevant entity, whether or not the individual's work is in connection with any work or activities of the entity that relate to children; or (b) engaged by the entity to provide services to children, including as a volunteer or contractor; or (c) engaged by another person or body to provide services to children on behalf of the entity, including as a volunteer or contractor; or (d) engaged by the entity as a carer (as defined in the CCS Act section 3), whether for payment or not; or (e) a family day care educator or family day care educator assistant (as those terms are defined in the Education and Care Services National Law (Western Australia) section 5(1)) engaged by or registered with the entity. (2) For the purposes of subsection (1)(a), if the relevant entity is a religious body, a reference to an officer or employee — (a) includes a reference to a minister of religion and a religious leader of the religious body; but (b) does not include a reference to a person only because the person participates in worship. (3) For the purposes of subsection (1)(a), if the relevant entity is the Police Force of Western Australia, a reference to an officer or employee includes a reference to a person appointed under the Police Act 1892 Part I as an officer or constable of the Police Force. (4) For the purposes of subsection (1)(b) and (c), a reference to a contractor includes a reference to the following — (a) an officer of, or a person employed or engaged to work for, a contractor; (b) a subcontractor of a contractor; (c) an officer of, or a person employed or engaged to work for, a subcontractor; (d) a volunteer working for a contractor or a subcontractor. [Section 19D inserted: No. 25 of 2022 s. 7.] 19E. Head of a relevant entity (1) The head of a relevant entity that is a department or an organisation, as those terms are defined in the Public Sector Management Act 1994 section 3(1), is — (a) the chief executive officer or chief employee of the department or organisation; or (b) the delegate of the chief executive officer or the chief employee of the department or organisation. (2) The head of a relevant entity that is an authority, other than a department or an organisation referred to in subsection (1) is — (a) the chief executive officer of the authority; or (b) if there is no chief executive officer — the president, chairperson or other principal or presiding member of the authority, or if the authority is constituted by a single person, that person; or (c) the delegate of a person referred to in paragraph (a) or (b). (3) The head of a relevant entity that is not a department, organisation or authority referred to in subsection (1) or (2) is — (a) the chief executive officer of the relevant entity (however described); or (b) if there is no chief executive officer — the principal officer of the relevant entity (however described); or (c) if there is no chief executive officer or principal officer of the relevant entity — a person, or the holder of a position, in the relevant entity nominated by the entity and approved by the Commissioner under section 19Q; or (d) the delegate of a person referred to in paragraph (a), (b) or (c). (4) The regulations may prescribe a person or class of persons to be the head of a relevant entity. (5) Regulations referred to in subsection (4) have effect despite subsections (1), (2) and (3). [Section 19E inserted: No. 25 of 2022 s. 7.] 19F. Reportable allegation (1) A reportable allegation is any information that leads a person to form the belief on reasonable grounds that an employee of a relevant entity has engaged in reportable conduct or conduct that may involve reportable conduct, whether or not the conduct is alleged to have occurred in the course of the employee's employment. (2) However, a reportable allegation does not include information relating to a reportable conviction. [Section 19F inserted: No. 25 of 2022 s. 7.] 19G. Reportable conduct (1) Reportable conduct is the following conduct, whether or not a criminal proceeding in relation to the conduct has been commenced or concluded and whether the conduct occurred before, on or after commencement day — (a) a sexual offence; (b) sexual misconduct; (c) a physical assault committed against, with or in the presence of, a child; (ca) significant neglect of a child; (cb) any behaviour that causes significant emotional or psychological harm to a child; (d) an offence prescribed by the regulations for the purposes of this paragraph. (2) However, reportable conduct does not include conduct that is — (a) reasonable for the discipline, management or care of a child or of another person in the presence of a child, having regard to — (i) the characteristics of the child, including the age, health and developmental stage of the child; and (ii) any relevant code of conduct or professional standard that at the time applied to the discipline, management or care of the child or the other person; or (b) trivial or negligible and that has been or will be investigated and recorded as part of another workplace procedure; or (c) of a class or kind exempt from being reportable conduct under section 19N(1). (3) For the purposes of this section, conduct includes an act or omission. [Section 19G inserted: No. 25 of 2022 s. 7; amended: No. 25 of 2022 s. 26.] 19H. Reportable conviction (1) A reportable conviction is a conviction, whether before, on or after commencement day, for an offence under a law of this State, another State, a Territory or the Commonwealth that is an offence referred to in section 19G(1)(a) or (d). (2) For the purposes of subsection (1), a conviction for an offence committed by a person is a reference to any of the following — (a) a court making a formal finding of guilt in relation to the offence; (b) if there has been no formal finding of guilt before conviction — a court convicting the person of the offence; (c) a court accepting a plea of guilty from the person in relation to the offence; (d) a court acquitting the person following a finding under The Criminal Code section 27 that the person is not guilty of the offence on account of mental impairment or an acquittal following an equivalent finding under a law of another State, a Territory or the Commonwealth; (e) a finding under the Criminal Law (Mental Impairment) Act 2023 section 41(2)(c) or an equivalent finding under a law of another State, a Territory or the Commonwealth. (3) For the purposes of subsection (1), a reference to a conviction includes a reference to a conviction that is a spent conviction. (4) For the purposes of subsection (3), an offence becomes spent if, under a law of this State, another State, a Territory or the Commonwealth, the person concerned is permitted not to disclose the fact that the person was convicted or found guilty of the offence. (5) For the purposes of subsection (1), a reference to a conviction does not include a reference to a conviction that is subsequently quashed or set aside by a court. [Section 19H inserted: No. 25 of 2022 s. 7; amended: No. 10 of 2023 s. 392 and 412.] 19I. Entities to which reportable conduct scheme applies The reportable conduct scheme applies to an entity set out in column 2 of Schedule 2 that — (a) exercises care, supervision or authority over children as part of its primary functions or otherwise; and (b) is not exempt under section 19O(1). [Section 19I inserted: No. 25 of 2022 s. 7.] 19J. Object and principles (1) The object of this Division is to protect children from harm by establishing and implementing a scheme for — (a) preventing reportable conduct; and (b) reporting, notifying and investigating reportable allegations and reportable convictions; and (c) taking appropriate action in response to findings of reportable conduct. (2) The reportable conduct scheme is based on the principles that — (a) if a child is able to form views on a matter concerning a reportable allegation or reportable conviction and it is appropriate in the circumstances to consult the child — (i) the child must be given the opportunity to express the views freely; and (ii) the views are to be given due weight in the investigation in accordance with the developmental capacity of the child and the circumstances; and (b) criminal conduct or suspected criminal conduct should be reported to the police; and (c) the Commissioner and others involved in the reportable conduct scheme should work in collaboration to ensure a fair process is used in the investigation of reportable allegations and reportable convictions; and (d) employees who are the subject of reportable allegations are entitled to be afforded natural justice in investigations into their conduct. [Section 19J inserted: No. 25 of 2022 s. 7.] 19K. Paramount consideration The Commissioner and any other person performing functions under this Division must regard the best interests of children as the paramount consideration. [Section 19K inserted: No. 25 of 2022 s. 7.] 19L. Certain provisions not applicable if entity is agent of Crown Sections 19U(6), 19W(7), 19Z(4) and 19ZC(4) do not apply if the relevant entity is an agent of the Crown. [Section 19L inserted: No. 25 of 2022 s. 7.] Subdivision 2 — Role of Commissioner [Heading inserted: No. 25 of 2022 s. 7.] 19M. Functions of Commissioner in relation to scheme (1) The Commissioner has the following functions in relation to the reportable conduct scheme — (a) to oversee and monitor the reportable conduct scheme; (b) to educate and provide advice to relevant entities in order to assist them to identify and prevent reportable conduct and to notify and investigate reportable allegations and reportable convictions; (c) to support relevant entities to make continuous improvement in the identification and prevention of reportable conduct and the reporting, notification and investigation of reportable allegations and reportable convictions; (d) to monitor the investigation of reportable allegations and reportable convictions by relevant entities; (e) if the Commissioner considers it to be in the public interest to do so — to investigate reportable allegations and reportable convictions; (f) if the Commissioner considers it to be in the public interest to do so — to investigate whether reportable allegations or reportable convictions have been appropriately handled or investigated or responded to by the head of a relevant entity; (g) to make recommendations to relevant entities in relation to the findings of the investigations referred to in paragraph (e) or (f); (h) to monitor the compliance of relevant entities with the reportable conduct scheme and whether appropriate and timely action is taken by a relevant entity; (i) to monitor a relevant entity's systems for preventing, notifying and dealing with reportable conduct; (j) to report to Parliament on the reportable conduct scheme; (k) to perform any other function conferred on the Commissioner under this Division. (2) Without limiting the Commissioner's investigation powers under this Act, the Commissioner may exercise any power and perform any function the Commissioner has under Divisions 3 and 4 for the purpose of performing the Commissioner's functions under this Division. [Section 19M inserted: No. 25 of 2022 s. 7.] 19N. Commissioner may exempt conduct (1) The Commissioner may, in accordance with the regulations, exempt a class or kind of conduct of employees of a relevant entity, or a class or kind of relevant entity, from being reportable conduct. (2) The Commissioner must publish the details of an exempt class or kind of conduct on the Commissioner's website. [Section 19N inserted: No. 25 of 2022 s. 7.] 19O. Commissioner may exempt entities (1) The Commissioner may exempt an entity from the reportable conduct scheme. (2) The Commissioner must give written notice to an entity of an exemption under subsection (1) that relates to the entity. (3) An exemption under subsection (1) continues until the Commissioner gives the entity written notice that the exemption is revoked. [Section 19O inserted: No. 25 of 2022 s. 7.] 19P. Commissioner may exempt investigations (1) The Commissioner may exempt the head of a relevant entity from commencing or continuing an investigation. (2) An exemption under subsection (1) may be for a specified period. (3) Without limiting subsection (1), the Commissioner may exempt the head of the relevant entity if — (a) the matter is already being dealt with or investigated by another appropriate person or body; or (b) the Commissioner is of the opinion that the report of the matter to the relevant entity under section 19T is frivolous or vexatious or not made in good faith; or (c) the head of the relevant entity has made a request for the exemption in a notice under section 19Y. (4) The Commissioner must give written notice to the head of the relevant entity of an exemption under subsection (1) that relates to the entity. (5) An exemption under subsection (1) continues until — (a) the Commissioner gives the head of the relevant entity written notice that the exemption is revoked; or (b) if the exemption is for a specified period — the end of the specified period. (6) The head of the relevant entity is not required to provide a report of an investigation under section 19Z(1) if the investigation is exempt under this section. [Section 19P inserted: No. 25 of 2022 s. 7.] 19Q. Commissioner may approve head of relevant entity in certain circumstances (1) This section applies to a relevant entity if — (a) the entity is not a department or an organisation, as those terms are defined in the Public Sector Management Act 1994 section 3(1), or an authority; and (b) there is no chief executive officer of the entity (however described) or principal officer of the entity (however described); and (c) the regulations do not prescribe a person to be the head of the entity. (2) The relevant entity must nominate a person or the holder of a position in the entity to be the head of the entity. (3) The nomination must be in writing and given to the Commissioner. (4) The Commissioner may, by written notice given to the relevant entity, approve the person or holder of the position in the entity nominated by the entity under subsection (2) to be the head of the entity. (5) The Commissioner may, by written notice given to the entity, revoke an approval under subsection (4). [Section 19Q inserted: No. 25 of 2022 s. 7.] Subdivision 3 — Systems to deal with reportable conduct [Heading inserted: No. 25 of 2022 s. 7.] 19R. Head of relevant entity must ensure systems in place The head of a relevant entity must ensure that the relevant entity has in place — (a) a system for preventing reportable conduct by employees of the relevant entity in the course of their employment; and (b) a system for enabling any person, including an employee of the relevant entity, to report to the head of the relevant entity a reportable allegation or reportable conviction involving an employee of the relevant entity; and (c) a system for enabling any person, including an employee of the relevant entity, to report to the Commissioner a reportable allegation or reportable conviction involving the head of the relevant entity; and (d) a system for notifying the Commissioner of a report to the head of the relevant entity of a reportable allegation or reportable conviction involving an employee of the relevant entity; and (e) a system for investigating a reportable allegation or reportable conviction relating to an employee of the relevant entity and taking appropriate action in response to a finding of reportable conduct; and (f) a system for the receipt, handling and disclosure of investigation information. [Section 19R inserted: No. 25 of 2022 s. 7.] 19S. Commissioner may require information about systems (1) The Commissioner may request the head of a relevant entity to provide to the Commissioner any information about a system referred to in section 19R. (2) The head of a relevant entity must comply with a request under subsection (1). (3) The Commissioner may make recommendations for action to be taken by the head of a relevant entity in relation to a system referred to in section 19R and may provide the head of the relevant entity with any necessary information relating to the recommendations. [Section 19S inserted: No. 25 of 2022 s. 7.] Subdivision 4 — Notice, investigation and reporting [Heading inserted: No. 25 of 2022 s. 7.] 19T. Report of reportable allegation or reportable conviction (1) This section applies if a person becomes aware of — (a) information that leads the person to form the belief on reasonable grounds that an employee of a relevant entity has engaged in reportable conduct or conduct that may involve reportable conduct, whether or not the conduct is alleged to have occurred in the course of the employee's employment; or (b) a reportable conviction involving an employee of a relevant entity. (2) If the person is a relevant employee of the relevant entity, the person must, as soon as practicable — (a) report the matter to the head of the relevant entity; or (b) if the matter relates to the head of the relevant entity — report the matter to the Commissioner. (3) If the person is not a relevant employee of the relevant entity, the person may — (a) report the matter to the head of the relevant entity; or (b) if the matter relates to the head of the relevant entity — report the matter to the Commissioner. (4) For the purposes of subsections (2) and (3), a person is a relevant employee of a relevant entity if the person is an employee of the relevant entity under section 19D(1)(a). (5) A person who has made a report to the head of the relevant entity under this section may report the matter to the Commissioner if the person is not satisfied with the response of the head of the relevant entity to the report. [Section 19T inserted: No. 25 of 2022 s. 7.] 19U. Head of relevant entity must notify Commissioner (1) This section applies if the head of a relevant entity becomes aware of a reportable allegation or a reportable conviction involving a person who is an employee of the relevant entity. (2) The head of the relevant entity must give written notice to the Commissioner of the following information within 7 working days after becoming aware of the reportable allegation or reportable conviction — (a) details of the reportable allegation or reportable conviction; (b) the name (including