Revised Laws of Saint Lucia (2021)

4.   Procedure regarding investigation

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   (1)   Where the Commissioner proposes to conduct an investigation under section 112 of the Constitution, he or she shall afford to the principal officer of the department or authority concerned an opportunity to make, orally or in writing, as the Commissioner thinks fit, representations which are relevant to the matter in question; and if it appears to the Commissioner during the course of an investigation that there are sufficient grounds for making a report or recommendation that may adversely affect any person, employed in any department or authority as aforesaid, he or she shall give such person an opportunity to be heard and such person may, if he or she or she so wishes, be represented at the hearing by counsel, or with the consent of the Commissioner, by any other person.

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   (2)   It shall not be obligatory for the Commissioner to hold any investigation and, subject as herein provided, a person shall not be entitled as of right to be heard by the Commissioner.

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   (3)   Every investigation shall be conducted by the Commissioner in private.

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   (4)   The Commissioner may obtain information relevant to any investigation carried out by him or her from such persons and in such manner, as he or she thinks fit and proper.

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   (5)   If, during or after any investigation, the Commissioner is of the opinion that there is evidence of any breach of duty or misconduct or omission on the part of any officer or employee of any department or authority to which section 112 of the Constitution applies, the Commissioner may refer the matter to the authority competent to take such action or other proceedings as would be necessary in the circumstances.

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   (6)   Subject to the provisions of this Act, the Commissioner may regulate the procedure in any inquiry or investigation conducted by him or her in the manner that he or she considers appropriate.

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   (7)   Where any person is required by the Commissioner to attend before him or her for the purpose of investigating any complaint, the Commissioner shall cause to be paid to such person, out of moneys provided by Parliament for the purpose, the fees, allowances and expenses, prescribed by the Supreme Court (Witnesses Allowances) Rules subject to such qualifications and exceptions as are contained therein, so, however, that the like functions as are therein contained and assigned to the Registrar of the High Court shall, for the purposes of this subsection, be exercisable by the Commissioner and he or she may, if he or she thinks fit, disallow, in whole or in part, the payment of any amount under this subsection.