New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 121

121 Interpretation

(1) In this Part--

"administrative employee" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

"administrative employee complaint" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

"administrative employee misconduct" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

"agency complaint" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

"agency maladministration" has the meaning it has in relation to the NSW Police Force in the Law Enforcement Conduct Commission Act 2016 .

"complainant" means a person by whom, or on whose behalf, a complaint is made.

"complaint" means an allegation that any conduct of--

(a) an administrative employee (whether or not named or identified) is (or could be) conduct that falls within the description of administrative employee misconduct or officer maladministration, or

(b) a police officer (whether or not named or identified) is (or could be) conduct that falls within the description of police misconduct or officer maladministration, or

(c) the NSW Police Force is (or could be) conduct that falls within the description of agency maladministration.

"critical incident" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

"misconduct information" has the same meaning in relation to the Commissioner as in the Law Enforcement Conduct Commission Act 2016 in relation to the LECC.

"misconduct matter" means--

(a) a complaint, or

(b) misconduct information.

"misconduct matters information system" means the system established by the regulations for recording information concerning police complaints and misconduct information under this Act and the Law Enforcement Conduct Commission Act 2016 .

"misconduct matters management guidelines" means misconduct matters management guidelines within the meaning of the Law Enforcement Conduct Commission Act 2016 .

"notifiable misconduct matter" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

"officer maladministration" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

"officers of the LECC" means the following--

(a) the Chief Commissioner and Commissioner of the LECC,

(b) an Assistant Commissioner of the LECC,

(c) a member of staff of the LECC.

"police complaint" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

Note--: A
"police complaint" is defined in the Law Enforcement Conduct Commission Act 2016 to mean an allegation that any conduct of a police officer (whether or not named or identified) is (or could be) conduct that falls within the description of police misconduct or officer maladministration within the meaning of that Act.

"police misconduct" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

"serious maladministration" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

"serious misconduct" has the same meaning as in the Law Enforcement Conduct Commission Act 2016 .

(2) This Part applies to and in respect of a former administrative employee or police officer (in relation only to conduct occurring while he or she was an administrative employee or police officer) in the same way as it applies to and in respect of an administrative employee or police officer, so that a misconduct matter concerning a former administrative employee or police officer may be made or be the subject of a report or of other information and dealt with as if the former administrative employee or police officer were still an administrative employee or police officer.

(3) Subject to the regulations, a reference in this Part to the
"conclusion of a critical incident investigation" is a reference to the final report of the police officers investigating a critical incident given after the conclusion of all criminal or coronial proceedings arising out of the critical incident.