Document ID: chunk:federal_register_of_legislation:C2023C00156:section:40to
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 40TO
Character Range: 162159–163574

40TO  Commissioner must allocate issue to someone outside unit constituted under section 40RD in certain circumstances
 (1) This section applies if:
 (a) the issue relates to the conduct of a person who is a member of the unit constituted under section 40RD; or
 (b) the issue does not relate to the conduct of a person who is a member of the unit but the Commissioner is satisfied that it would be inappropriate, for any reason, for the issue to be allocated to a person who is a member of that unit for investigation.
 (2) The Commissioner must allocate the issue to a person for investigation.
 (3) The person to whom the issue is allocated must not be a member of the unit constituted under section 40RD.
 (4) A corruption issue must not be allocated to the Ombudsman.
 (5) Without limiting subsection (2), the Commissioner may, with the agreement of the Ombudsman, allocate the issue to the Ombudsman if the issue is a category 3 conduct issue.
 (6) If:
 (a) the issue is a category 3 conduct issue; and
 (b) the Commissioner allocates the issue under subsection (2) to someone other than the Ombudsman;
the Commissioner must consult with the Ombudsman about the choice of the person to whom the issue is to be allocated.
 (7) If the issue is a corruption issue, the Commissioner must consult with the National Anti‑Corruption Commissioner about the choice of the person to whom the issue is to be allocated.