New South Wales Consolidated Regulations

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CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 253

Reporting of misconduct by correctional officers

253 Reporting of misconduct by correctional officers

(1) If--
(a) an allegation is made to a correctional officer that another correctional officer has, while carrying out his or her duties as a correctional officer, engaged in conduct that, in the opinion of the officer to whom the allegation is made, constitutes a criminal offence or other misconduct, or
(b) a correctional officer sincerely believes that another correctional officer has engaged in conduct of that kind,
the correctional officer must report the conduct, or alleged conduct, to a correctional officer who is more senior in rank than the officer making the report.
(2) The senior correctional officer must report the conduct, or alleged conduct, promptly to the Commissioner if the senior correctional officer believes that it--
(a) constitutes, or would constitute, a criminal offence by the correctional officer, or
(b) would provide sufficient grounds for taking proceedings or action under section 69 of the Government Sector Employment Act 2013 against the correctional officer.
(3) Subclause (1) does not apply to conduct or alleged conduct that--
(a) has been made the subject of any proceedings or action under section 69 of the Government Sector Employment Act 2013 , or
(b) has been the subject of evidence or other material given, or submissions made, in the course of criminal proceedings, or
(c) has already been reported under this clause to a more senior correctional officer.
(4) A correctional officer must not, in relation to any other correctional officer--
(a) fail to approve or recommend the promotion of the other officer, or
(b) take, approve or recommend disciplinary action against the other officer, or
(c) direct, approve or recommend the transfer of the other officer to another position in Corrective Services NSW, or
(d) make, approve or recommend a decision which detrimentally affects the benefits or awards of the other officer, or
(e) fail to approve or recommend that the other officer receive education or training which could reasonably be expected to improve the officer's opportunities for promotion or to confer some other advantage on the officer, or
(f) change, or approve or recommend a change to, the duties of the other officer so that they are not appropriate to the officer's salary or position, or
(g) otherwise act to the detriment of the other officer,
in retaliation against the other officer because he or she has acted in accordance with this clause or has disclosed information relating to conduct contrary to law to any other correctional officer.



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