Law Enforcement Conduct Commission Act 2016

The Commissioner of Police is to ensure that the actions of members of the Police Force involved in a critical incident at the time of, and leading to, the critical incident are fully and properly investigated by the NSW Police Force.

Without limiting subsection (1), the investigation of a critical incident is to include an examination and report to each appropriate authority on any of the following that is applicable—

the lawfulness and reasonableness of the actions of the members of the Police Force involved in the critical incident,

the extent to which those members complied with relevant legislation and policies, practices and procedures of the NSW Police Force,

any complaint about the conduct of those members that has been referred to the senior critical incident investigator,

any evidence of officer misconduct by those members,

the need (if any) for changes to relevant policies, practices and procedures of the NSW Police Force,

any systemic, safety or procedural issues arising from the actions of those members.

The investigation is to be carried out so far as is practicable and operationally appropriate in conformity with the critical incident guidelines.

However the critical incident guidelines are not mandatory and a departure from the guidelines does not in itself affect or invalidate an investigation.

Despite subsection (2)(c) and (d), the Commissioner of Police may, if the Commissioner of Police considers it appropriate, refer a complaint about a member of the Police Force involved in a critical incident to the Commission with a recommendation that—

the Commission investigate the complaint, or

the Commission investigate the complaint concurrently with the investigation by the NSW Police Force.

The Commission may decide to investigate a complaint referred to it under subsection (5) despite section 44 (9).

In this section—

for any investigation of a critical incident—the Commissioner of Police,

for any investigation of a critical incident monitored by the Commission—the Commission,

for any investigation of a critical incident involving the death of a person—the coroner.