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CRIME AND CORRUPTION ACT 2001 - SECT 42
Dealing with complaints—commissioner of police
42 Dealing with complaints—commissioner of police
(1) The commissioner of police must expeditiously assess complaints, or
information or matter (also a
"complaint" ) made or notified to, or otherwise coming to the attention of,
the commissioner of police.
(2) The commissioner of police must deal with a
complaint about police misconduct in the way the commissioner of police
considers most appropriate, subject to the commission’s monitoring role.
(3) If the commissioner of police is satisfied that— (a) a complaint— (i)
is frivolous or vexatious; or
(ii) lacks substance or credibility; or
(b)
dealing with the complaint would be an unjustifiable use of resources;
the
commissioner of police may take no action or discontinue action taken to deal
with the complaint.
(4) The commissioner of police may, in an appropriate
case, ask the commission to deal with a complaint about police misconduct or
to deal with the complaint in cooperation with the commissioner of police.
(5) If the commission refers a complaint about corrupt conduct to the
commissioner of police to be dealt with, the commissioner of police must deal
with the complaint in the way the commissioner of police considers most
appropriate, subject to the commission’s monitoring role.
(6) Without
limiting how the commissioner of police may deal with a complaint about
corrupt conduct, the commissioner of police may ask the commission to deal
with the complaint in cooperation with the commissioner of police.
(7) If a
person makes a complaint that is dealt with by the commissioner of police, the
commissioner of police must give the person a response stating— (a) if no
action is taken on the complaint by the commissioner of police or action to
deal with the complaint is discontinued by the commissioner of police—the
reason for not taking action or discontinuing the action; or
(b) if action is
taken on the complaint by the commissioner of police— (i) the action taken;
and
(ii) the reason the commissioner of police considers the action to be
appropriate in the circumstances; and
(iii) any results of the action that
are known at the time of the response.
(8) However, the commissioner of
police is not required to give a response to the person— (a) if the person
has not given his or her name and address or does not require a response; or
(b) if the response would disclose information the disclosure of which would
be contrary to the public interest.
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