Law Enforcement Conduct Commission Act 2016

An amendment made to the Ombudsman Act or Police Act 1990, or repeal of the PIC Act, by this Act does not affect any action taken by the Ombudsman before the amendment or repeal with respect to Operation Prospect and the Ombudsman may, for the purpose only of commencing proceedings for offences arising out of Operation Prospect and subject to this clause, exercise any function in respect of Operation Prospect that the Ombudsman could have exercised before the amendment or repeal as if those Acts had not been amended or repealed.

Subclause (1) does not authorise the Ombudsman to accept, investigate or commence any inquiry in respect of a complaint referred to in section 12 of the Ombudsman Act (whether or not relevant to Operation Prospect) made after the commencement of this clause.

For the purposes only of Operation Prospect, the Ombudsman may commence proceedings for an offence.

However, the Ombudsman does not have the power to commence proceedings for an offence unless the Director of Public Prosecutions has advised the Ombudsman in writing that the proceedings may be commenced by the Ombudsman.

For that purpose, the Director of Public Prosecutions may liaise with the Ombudsman, but is to act independently in deciding to advise that proceedings for the offence may be commenced.

A reference in this clause to the Ombudsman includes a reference to a special officer or officer of the Ombudsman.