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Government Review Act

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Purpose: The purpose of this act is to enable proper review of administrative bodies performing their functions. It also puts forward a way to punish officials who fail to properly execute their duty or people who act corruptly.

The government includes the Kamdan State Police, Kamdan Sheriffs Office and Kamdan Emergency Medical Service.

Part 1: Royal Commissions

  1. The Attorney General or Governor may appoint a royal commissioner to run a royal commission on any issue they may see fit.
  2. The Attorney General or Governor must give a term of reference for the commission containing (as a minimum):
    1. The duration of the commission,
    2. The jurisdiction of the commission,
    3. The power of the commissioner to appoint deputies and the number if deputies allowed,
    4. The purpose of the commission,
    5. What the commission is able to investigate, and
    6. What the royal commission can make findings on
  3. The royal commission is to make findings and recommendations around the terms of reference.
    1. The royal commission must first make a draft report which can be responded to by any party with sufficient interest.
  4. Terms of reference may be updated by the person appointing the commission. If the person seeks to reduce the scope of the investigation this must be approved by the Chief Justice.
    1. Where the person retires, either the current Governor or Attorney General may exercise this power.
  5. The royal commission has the power to compel witnesses to answer.
    1. If this power is exercised, the statement cannot be used as evidence in any court unless obtained by other methods.
    2. Contempt of the commission is punishable by up to a $20,000 fine and 5 months imprisonment.
  6. The royal commissioner has the power to subpoena persons or evidence on their own motion.
  7. The commissioner may not make determinative findings of guilt or the like.
  8. The final report must be available to the public and accessible online.
  9. The royal commissioner and any deputy is protected from defemation suits for actions taken while exercising the power of the royal commissioner.

Part 2A: Senate Disciplinary Review Committee

  1. This act establishes the Senate Disciplinary Review Committee.
  2. The Committee is to be made up of 3 members of the legislature [SMT] selected by simple ballot after nomination. The 3 members shall select the president among themselves. Where the Committee can not resolve the position of president, it shall be resolved by a secret ballot of the legislature.
  3. Any interested party may appeal a decision of Internal Affairs of either the Kamdan State Police or Kamdan Fire Service, or the Lawyers Ethics Committee. (Or any disciplinary decisions made by the Command structure of the government sector)
    1. Interested parties include the complainant and any person who has had a negative finding or decision been made against them.
    2. The initial appeal shall be presided over by one member of the Committee as selected by the President (if available).
    3. To successfully appeal the Applicant must establish an 'error in law' from the original decision.
      1. Where it is appropriate, the head of the executive body (e.g. Chief of Police) or the President of this Committee may endorse the Committee to seek the 'correct and preferable decision' where a technical error is not required.
      2. New evidence may be brought to the Committee where the hearing seeks the 'correct and preferable decision'.
      3. The formal rules of evidence do not apply.
    4. The Member may chose to remove any punishments, modify any punishments they see fit or remit the case back to the original decision maker with a deceleration on the error that was previously made.
    5. Appeals must be made within 1 month of the decision being made unless leave is granted by the president or a court.
  4. The decision of the Senate Disciplinary Review Committee may be appealed by either the head of the executive body interested (e.g. Chief of Police), the Applicant for the Appeal or the Person Subject to the Discipline.
    1. The right to appeal is automatic but must be exercised within 7 days. The Committee must give notice of this right in their decision.
    2. This appeal is resolved by a simple ballot of the legislature [SMT] where an absolute majority is required to overturn the decision of the member of the Senate Disciplinary Committee.
    3. If this is successful, the Appeal is reviewed again by a different member of the Committee.
  5. The Committee shall only hear appeals if an internal appeal has already been made to the relevant authorities or such an appeal is impossible.
    1. Special leave of the Senate Disciplinary Review Committee may void this requirement.
  6. Findings of each Review must be made public unless it would not be in the public interests to do so. (this does not require the evidence to be made public)
  7. The Senate Disciplinary Review Committee may request any case records or evidence from any Internal Affairs body, ethics or conduct committees.
  8. The Senate Disciplinary Review Committee cannot be limited in jurisdiction other then by this act.
  9. The president of the Senate Disciplinary Review Committee may develop their own conduct rules and process rules under which the Committee operates.

Part 2B: Freedom of Information

  1. Any party sufficiently interested in a disciplinary decision by any government department or contractor may request reasons for decisions, including SOPs broken and acts which constituted the finding against the disciplined party (or any other interested party). This applies to Senate Disciplinary Review Committee and any administrative body which made a disciplinary decision.
  2. Any party may request documents containing personal information relating to them. These must be provided unless it is in the public interests not to provide them.
  3. Other government documents may be requested by any party. These are only required to be provided where it is in the public interest to release them.
  4. The government may chose to disclose documents even when not strictly required to by law.
  5. Reasons for denying a freedom of information request must be given when requested.
  6. Failure to provide documents may be appealed to the Kamdan District Court or Supreme Court of Kamdan. The Courts may request to see the documents in chambers in deciding the issue.
    1. The appeal must be commenced within 10 days notice of the decision becoming available.

Part 3: Attorney Generals Department

  1. This act clarifies the power of the Attorney Generals Department in relation
  2. The members shall investigate all issues forwarded to them on claims of corruption of government officials, including police, medics and judiciary members.
    1. Claims must be made within one month of the facts which go towards the claim. (unless it is ongoing over a long period of time)
  3. The members may investigate government officials for failing to properly execute their duties. (this is discretionary)
    1. Claims must be made within two weeks of the facts which go towards the claim. (unless it is ongoing over a long period of time)
  4. A member may issue an infringement notice of up to $100,000 for corrupt conduct or up to $60,000 for failing to properly execute the persons duty.
    1. Infringement notices can be challenged in the District Court of Kamdan
  5. A member may commence proceedings in the Supreme Court of Kamdan or the Kamdan District Court for jail sentences or other punishments to be imposed.
  6. The Attorney General or the District Attorney may suspend a person for up to 24 hours [IRL time] pending review by a member of Internal Affairs or Police Command. This may only be done if the person is placed under arrest for a felony offence which is committed in the line of their duty.
  7. The Attorney Generals Department may forward any issues of non-senior members of executive bodies to the appropriate investigatory body and hence conclude their investigation. (e.g. Internal Affairs)
    1. They may also request evidence at the conclusion of any issue for the purpose of pursuing prosecution. A failure to provide evidence in itself is not an offence however a failure to provide evidence where there is a strong case of criminal conduct will constitute obstruction of justice.
  8. A court order can reduce the Attorney Generals Department jurisdiction over a particular case where appropriate.
  9. It is an offence for a member of the Attorney Generals Department to leak confidential material or material provided in confidence to persons who they are not legally required to provide it to. This also includes excessive public comments on issues.

Part 4: Supreme Court of Kamdan

  1. The Supreme Court of Kamdan may remove or demote any person who is found guilty of an offence.
    1. The Kamdan District Court is given the same power when they issue a jail sentence to be served by a current officer of any government department (including the KSP and EMS) or contractor.
  2. The Supreme Court of Kamdan and the Kamdan District Court has the power to grant subpoenas for evidence where it relates to a current case and there are sufficient grounds to do so.
  3. The Supreme Court of Kamdan and the Kamdan District Court can compel witnesses to answer unless they plead their right against self-incrimination.
  4. The Kamdan District Court and Supreme Court of Kamdan can hold people in contempt for up to $100,000 fine or 25 months imprisonment.
    1. Such decisions of the Kamdan District Court can be appealed to the Supreme Court of Kamdan.
  5. The Courts are to act properly in their duties and not pervert the operation of Natural Justice, the law or the Separation of Powers.
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Amendment:

Inserted s 11 (moved all other sections down 1):
' Any interested parties may request reasons for decisions, including SOPs broken and acts which constituted the finding against the disciplined party (or any other interested party). This applies to ICAC and any administrative body which made a disciplinary decision. '

Note: This is to apply retrospectively.
Note 2: It is more then likely there was a common law duty to provide reasonings that already existed. This is just to formalise such a duty. The common law principles still apply.

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Amendment:

Repealed Pt 2

Introduced Pts 2A, 2B, 3, 4

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