New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 132

132 Factors affecting decision about investigation of or other dealing with police or agency misconduct matter

In deciding whether any misconduct matter concerning a police officer or the NSW Police Force should be, or does not need to be, investigated or dealt with, the Commissioner may have regard to such matters as the Commissioner thinks fit, including whether, in the Commissioner's opinion--

(a) action has been, is being or will be taken to remedy the subject-matter of the misconduct matter without the need for an investigation, or

(b) the misconduct matter is frivolous, vexatious or not made in good faith, or

(c) the subject-matter of the misconduct matter is trivial, or

(d) the relevant conduct occurred too long ago to justify investigation, or

(e) there is or was available an alternative and satisfactory means of redress in relation to the relevant conduct, or

(f) the complainant does not or could not have an interest, or a sufficient interest, in the conduct complained of, or

(g) civil, criminal or disciplinary proceedings, or a coroner's inquest, relating to the subject-matter of the misconduct matter are pending or reasonably in contemplation.