Page 4076 - Week 13 - Thursday, 31 October 2013
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(3) The function of the Commissioner is to investigate specific matters which have been referred to the Commissioner by the Speaker or Deputy Speaker relating to the conduct of Members and to report to the Standing Committee on Administration and Procedure.
(4) Members of the public, members of the ACT public service and Members of the Assembly may make a complaint to the Speaker about a Member’s compliance, or to the Deputy Speaker about the Speaker’s compliance, with the Member’s Code of Conduct or the rules relating to the registration or declaration of interests.
(5) If the Speaker or Deputy Speaker receives a complaint about a Member’s conduct, the Speaker or Deputy Speaker may refer the complaint to the Commissioner for investigation and report if the Speaker or Deputy Speaker believes on reasonable grounds that there is sufficient evidence that the Member’s Code of Conduct or the rules relating to the registration or declaration of interests may have been breached in such a manner as to justify investigating the matter.
(6) In exercising the functions of Commissioner the following must be observed:
(a) No report may be made by the Commissioner to the Committee in any case where the Member concerned has agreed that he or she has failed to register or declare an interest if:
(i) in the Commissioner's opinion the interest involved is minor or the failure was inadvertent; and
(ii) the Member concerned has taken such action to rectify the failure as the Commissioner may have required within any procedure approved by the Committee for this purpose.
(b) The Commissioner may not provide a report to the Committee unless the Commissioner has:
(i) given a copy of the proposed report to the Member who is the subject of the complaint under investigation;
(ii) the Member has had a reasonable time to provide comments on the proposed report; and
(iii) the Commissioner has considered any comments provided by the Member.
(c) The Commissioner must report each year to the Speaker on the exercise by him or her of the functions of the Commissioner.
This resolution has effect from the date of its agreement by the Legislative Assembly and continues in force unless amended or repealed by this or a subsequent Assembly.
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