Who may complain to the Commissioner?A member of the public is not able to request the Commissioner to conduct an investigation and give an opinion as to whether there has been a violation of the Act by a Member of the Legislative Assembly.
The Commissioner has the authority to conduct an investigation and give an opinion as to whether there has been an alleged violation of the Act only if the request comes from:
- a Member alleging that another Member has violated the Act;
- a resolution of all Members of the Legislative Assembly; or
- the Premier, who may request an opinion as to whether a Cabinet Minister has violated the Act. [Sections 1 and 28]
If a Member has a concern as to whether another Members' conduct contravenes the Act, the Member must request that the Commissioner provide an opinion. The request must:
- be in writing;Only then does the Commissioner have the jurisdiction to undertake an investigation and provide an opinion to the Speaker of the Legisaltive Assembly.
- set out the grounds for this belief and;
- be supported by affidavit evidence.