Law Enforcement Conduct Commission Act 2016

The Commission is to give the Commissioner of Police (and, if the critical incident concerned involved the death of a person, the coroner) the following advice in relation to the investigation of a critical incident monitored by the Commission—

advice confirming that it considers the investigation was fully and properly conducted, or

if it considers any aspect of the investigation was inappropriate, advice of its concerns.

The advice may, if considered appropriate by the Commission, be given before the conclusion of the critical incident investigation.

The Commission may, without limiting subsection (1) (b), advise that—

an aspect of the conduct of the investigation was not in accordance with section 113 (2) or a direction of the coroner with respect to a coronial investigation scene, or

conduct of a police officer involved in the investigation may be police misconduct that may or will be investigated by the Commission under this Act or that it recommends the Commissioner of Police investigate under the Police Act 1990.

Before including in an advice under this section any comment about a person that the Commission considers is adverse, the Commission must, so far as practicable—

inform that person of the substance of the grounds of the adverse comment, and

give the person an opportunity to make submissions.

Before including in an advice under this section any comment about the NSW Police Force that the Commission considers is adverse, the Commission must, so far as practicable—

inform the Commissioner of Police of the substance of the grounds of the adverse comment, and

give the Commissioner of Police an opportunity to make submissions.

If the Commission makes a recommendation to the Commissioner of Police, the Commission may require the Commissioner of Police to provide to the Commission, within a reasonable time specified by the Commission, advice as to whether the Commissioner of Police intends to implement the recommendation and, if not, the reasons for not doing so.

The advice may include recommendations as to changes that the Commissioner of Police might implement with respect to the critical incident guidelines.

The Commission may make public any advice it has given under this section at any time after the conclusion of a critical incident investigation.

The Commission may defer publishing an advice if it is satisfied that it is desirable to do so in the public interest.