New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016

- As at 21 March 2024 
- Act 61 of 2016 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act

   PART 2 - INTERPRETATION AND KEY CONCEPTS

           Division 1 - Interpretation

   4.      Definitions
   5.      References to special legal qualifications
   6.      References to Presiding Officers
   7.      References to examinations
   8.      Former police of other jurisdictions

           Division 2 - Key concepts

   9.      Police misconduct, administrative employee misconduct and Crime Commission officer misconduct
   10.     Meaning of "serious misconduct"
   11.     Maladministration
   12.     Meaning of "complainant" and "complaint"
   13.     Misconduct information
   14.     Misconduct matters management guidelines
   15.     Coercive examination powers
   16.     Nominated contact of an agency

   PART 3 - CONSTITUTION AND MANAGEMENT OF COMMISSION

   17.     Constitution of Law Enforcement Conduct Commission
   18.     The Commissioners
   19.     Exercise of Commission's functions
   20.     Assistant Commissioners
   21.     Staff of Commission
   22.     Independence of Commission and Commissioners
   23.     Delegation
   24.     Task forces

   PART 4 - FUNCTIONS OF COMMISSION

   25.     Functions of Commission generally
   26.     Functions with respect to misconduct matters
   27.     Administrative functions relating to education and prevention of officer misconduct
   28.     Functions regarding evidence and information collected
   29.     Functions with respect to findings and opinions and making recommendations
   30.     Disciplinary proceedings--taking action based on Commission's opinion
   31.     Application of Criminal Assets Recovery Act 1990
   32.     Inspection of records and reports

   PART 5 - DEALING WITH MISCONDUCT MATTERS

           Division 1 - Reporting officer misconduct

   33.     Duty to notify Commission of possible officer misconduct and serious maladministration
   34.     Referral of other misconduct matters to the Commission

           Division 2 - Making complaints about officer misconduct, officer maladministration and agency maladministration

   35.     Making complaints to Commission
   36.     Complaint to be in writing
   37.     Anonymous complaints
   38.     Complaints made by prisoners
   39.     Member of Parliament may make complaint on behalf of complainant
   40.     Commission may request further information from complainant
   41.     Commission may request further information from other persons

           Division 3 - Dealing with misconduct matters generally

   42.     Notice of notifiable misconduct matters to be given to Commission
   43.     Notice of misconduct matters to be given by Commission
   44.     Dealing with misconduct matters
   45.     Factors affecting decision to investigate misconduct matters and referral for police or Crime Commission investigation
   46.     Factors affecting decision to investigate serious misconduct or serious maladministration
   47.     Referral of misconduct matters for police or Crime Commission investigation
   48.     Dealing with complaint by alternative dispute management
   49.     Registration of misconduct matters
   50.     Action on misconduct matter not affected by failure to comply with Part

   PART 6 - INVESTIGATION POWERS

           Division 1 - Investigation powers generally

   51.     Exercise of investigation powers
   52.     Preliminary investigation
   53.     Discontinuance or conclusion of investigation

           Division 2 - Powers to obtain information, documents and other things

   54.     Power to obtain information
   55.     Power to obtain documents or other things
   56.     Abrogation of privileges
   57.     Self-incrimination
   58.     Power to enter public premises
   59.     Injunctions
   60.     Powers exercisable whether or not examinations being held

           Division 3 - Examinations

   61.     When may an examination be held
   62.     Examinations
   63.     Public and private examinations
   64.     Counsel assisting
   65.     Right of appearance of affected person
   66.     Legal representation
   67.     Groups and unincorporated associations
   68.     Examination and cross-examination of witnesses
   69.     Power to summon witnesses and take evidence
   70.     Evidence and procedure

           Division 4 - Attendance before examining Commissioner

   71.     Arrest of witness
   72.     Conditional release of witness
   73.     Review by Supreme Court
   74.     Abrogation of privilege as regards answers, documents and other things
   75.     Declaration as to objection by witness
   76.     Reimbursement of expenses of witnesses
   77.     Legal and financial assistance for witness
   78.     Appearance of inmate at examination

           Division 5 - Search warrants

   79.     Issue of search warrant
   80.     Authority conferred by search warrant
   81.     Seizure of other documents and other things
   82.     Application of search warrant and other provisions
   83.     Obstruction of person executing search warrant

           Division 6 - Surveillance device warrants

   84.     Surveillance devices

           Division 7 - Protection of witnesses and evidence

   85.     (Repealed)
   86.     Indemnities and undertakings

           Division 8 - Special powers and weapons

   87.     Definitions
   88.     Commission investigator who is seconded police officer or approved former police officer to have all powers of NSW police officer
   89.     Firearms and other police equipment

           Division 9 - Contempt

   90.     Definitions
   91.     Contempt
   92.     Punishment of contempt
   93.     General provisions regarding contempt
   94.     Conditional release of contemnor
   95.     Review by Supreme Court
   96.     Act or omission that is both an offence and contempt

           Division 10 - Miscellaneous

   97.     Investigation when other proceedings on foot

   PART 6A - PROTECTIONS FOR PERSONS ASSISTING COMMISSION OR INSPECTOR

           Division 1 - Preliminary

   97A.    Objects of Part
   97B.    Interpretation
   97C.    Meaning of "protected action" and "limited protected action"
   97D.    Meaning of "protected obligation"
   97E.    Reasonable management action not prevented
   97F.    Other provisions not affected

           Division 2 - Protections

   97G.    Limitation on protections for limited protected action
   97H.    Detrimental action offence
   97I.    Detrimental action--recovery of damages
   97J.    Employer liability for detrimental action by employee
   97K.    Injunctions relating to detrimental action
   97L.    Immunity from costs orders
   97M.    Detrimental action--relationship between criminal and civil proceedings
   97N.    Protections from liability
   97O.    Undertakings
   97P.    Identifying information not to be disclosed

           Division 3 - Additional provisions

   97Q.    Referrals of evidence
   97R.    Arrangements for protection
   97S.    Additional protections for witnesses

   PART 7 - OVERSIGHT OF POLICE AND CRIME COMMISSION INVESTIGATIONS

   98.     Application of Part
   99.     Decision of Commissioner of Police as to investigation of notifiable misconduct matter relating to police misconduct or officer maladministration or agency maladministration
   100.    Decision of Crime Commissioner as to investigation of notifiable misconduct matter relating to Crime Commission officer misconduct, officer maladministration or agency maladministration
   101.    Commission may monitor investigation
   102.    Commission may request information concerning misconduct matter
   103.    Commission may request information concerning investigation of misconduct matter
   104.    Commission may request further investigation of misconduct matter
   105.    Commission may request review of decision on action to be taken on misconduct matter
   106.    Discontinuance of oversight
   107.    Exercise of oversight powers

   PART 8 - OVERSIGHT OF CRITICAL INCIDENT INVESTIGATIONS

   108.    Interpretation
   109.    Critical incident guidelines
   110.    Features of critical incident
   111.    Declaration of critical incident
   112.    Duty to notify Commission of declaration of critical incident
   113.    Critical incident investigations
   114.    Commission may monitor conduct of critical incident investigation
   115.    Monitoring critical incident investigations
   116.    Advice during course of critical incident investigation
   117.    Advice concerning critical incident investigation
   118.    Interaction with relatives, witnesses and others
   119.    Complaints relating to investigation of critical incidents

   PART 9 - INSPECTOR OF COMMISSION

   120.    Inspector of the Law Enforcement Conduct Commission
   121.    Assistant Inspector
   122.    Functions of Inspector
   123.    Exercise of functions by Inspector
   124.    Powers of Inspector
   125.    Complaints by public officials
   126.    Inquiries
   127.    Incidental powers
   128.    Staff of Inspector
   128A.   Delegation
   129.    Former officers of the Commission

   PART 10 - PARLIAMENTARY JOINT COMMITTEE

   130.    Definition
   131.    Functions

   PART 11 - REPORTS

           Division 1 - Reports by Commission

              Subdivision 1 - Examinations of serious misconduct and serious maladministration

   132.    Reports on examinations
   133.    Content of reports to Parliament

              Subdivision 2 - Investigations of officer misconduct and maladministration and agency maladministration

   134.    Commission may report on Commissioner of Police's or Crime Commissioner's decision on Commission's request
   135.    Report following Commission's investigation of misconduct matter relating to police
   136.    Report following Commission's investigation of misconduct matter relating to Crime Commission officer
   137.    Reports concerning proposed police appointments

              Subdivision 3 - Special and annual reports

   138.    Special reports of Commission
   139.    Annual reports of Commission

           Division 2 - Reports by Inspector

   140.    Special reports
   141.    Annual reports of Inspector

           Division 3 - General

   142.    Provisions relating to reports furnished to Parliament
   143.    Persons to be heard
   144.    Report to complainant
   145.    Commission or Inspector may omit matter from reports
   146.    Notification of proposed action on reports

   PART 12 - OFFENCES

   147.    Offence of making false complaint or giving false information
   148.    Obstruction of Commission or Inspector
   149.    Public and private examinations
   150.    Failure to attend and other offences
   151.    False or misleading evidence
   152.    Offences relating to documents or other things
   153.    Procuring false testimony by witness
   154.    Bribery of witness
   155.    Fraud on witness
   156.    Preventing witness from attending and threats to witnesses
           157, 158. (Repealed)
   159.    Impersonation of officer of Commission
   160.    Bribery of officer of Commission

   PART 13 - RELATIONSHIP OF COMMISSION WITH OTHER AGENCIES

   161.    Co-operation with other agencies
   162.    Referral of matter to authorities other than Commissioner of Police or Crime Commissioner
   163.    Referral of matter for action under confiscation legislation
   164.    Further action by Commission
   165.    Relationship with Ombudsman and Children's Guardian
   166.    Relationship with ICAC regarding conduct of Commission
   167.    Statutory notification by Commission to ICAC
   168.    Notification of complaints by ICAC to Commission
   169.    Functions of ICAC where police officers, Crime Commission officers or administrative employees involved
   170.    Functions of Commission where other public officials involved
   171.    Arrangements between Commission and ICAC
   172.    Other roles of ICAC not affected
   173.    Relationship with Auditor-General
   174.    Roles of coroner and SafeWork NSW not affected by Commission oversight of critical incident investigations

   PART 14 - SECRECY AND CONFIDENTIALITY

   175.    Definitions
   176.    Disclosure and use of examination material
   177.    Disclosure and use of evidence given at examination
   178.    Disclosures prejudicing investigations
   179.    Commission not to disclose critical police or Crime Commission information
   180.    Secrecy
   181.    Disclosure of information and giving of evidence by Ombudsman to Commission
   181A.   Disclosure of information and giving of evidence by Children's Guardian to Commission
   182.    Officers of Commission not compellable witnesses in respect of certain matters
   183.    Admissibility of documents relating to complaints about police
   184.    Telecommunications (Interception and Access) (New South Wales) Act 1987
   185.    Privacy and Personal Information Protection Act 1998
   186.    Consultation with Minister
   187.    (Repealed)

   PART 15 - MISCELLANEOUS

   188.    Act to bind Crown
   189.    Vetting of prospective staff or consultants
   190.    Exclusion of personal liability
   191.    Disclosure of pecuniary interests and other matters
   192.    Service of documents
   193.    Penalties for offences committed by corporations
   194.    Proceedings for offences
   195.    Exercise of functions by police
   196.    References by Parliament
   197.    Regulations
   198.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 7 (Repealed)