Investigation - Functions
Under the Promulgation, any person may make a complaint to the Commission alleging corrupt practices and/or the Commission may commence an investigation after receiving a complaint or a notification, or on its own accord as the Commissioner considers practicable.
The Commission has the discretion to determine that a complaint or notification does not warrant investigation including if, in the Commissioner's opinion, the subject matter of the complaint is trivial or unrelated to the functions of the Commission, lacks substance or credibility, or has already been the subject of a complaint that has been investigated or otherwise dealt with by the Commission.
When the Commission receives a complaint, it must dismiss, investigate or refer the complaint to other Government Ministries to consider. This process is determined by the State Counsel after assessing the complaint.
When a complaint is investigated, the Investigation Department may consult the Legal Department throughout the case. After completing an investigation, the Commission may, subject to legal opinion:
- Refer the complaint and its investigation findings to the relevant Government Ministry to address as it relates to internal matters best dealt with by the Ministry; or
- Refer the complaint to the Complaints Department to advise the complainant of the results of the investigation; or
- Take no further action due to insufficient evidence to institute criminal proceedings; or
- Proceed to caution interview, charging and presenting the case before the Courts.