Relationship with Ombudsman and Children’s Guardian
165 Relationship with Ombudsman and Children’s Guardian
Conduct of the Commission or an officer of the Commission cannot be made the subject of a complaint, inquiry, investigation or other action under the Ombudsman Act 1974 or the Children’s Guardian Act 2019, except in relation to matters referred to the Ombudsman or the Children’s Guardian by the Inspector.
Conduct of the Inspector or an officer of the Inspector can be made the subject of a complaint, inquiry, investigation or other action under the Ombudsman Act 1974 or the Children’s Guardian Act 2019.
Note.
Protections may be available under the following provisions to persons who make a complaint referred to in this subsection—
the Public Interest Disclosures Act 2022, Part 3—if the complaint is a public interest disclosure,
Part 6A—if the making of the complaint is protected action within the meaning of the Part.
See also sections 125 and 166.
The Ombudsman must give the Commission notice in writing of any complaint received by the Ombudsman (or misconduct information of which the Ombudsman becomes aware) under the Ombudsman Act 1974 concerning the NSW Police Force or members of the NSW Police Force that consists of or involves a reportable allegation or reportable conviction (within the meaning of Part 3C of the Ombudsman Act 1974), or the inappropriate handling or response to such an allegation or conviction.
The Children’s Guardian must give the Commission notice in writing of any complaint received by the Children’s Guardian (or misconduct information of which the Children’s Guardian becomes aware) under the Children’s Guardian Act 2019 concerning the NSW Police Force or members of the NSW Police Force that consists of or involves—
a reportable allegation or a conviction considered to be a reportable conviction (within the meaning of the Children’s Guardian Act 2019), or
the inappropriate handling or response to the allegation or conviction.
Note.
The Ombudsman and the Children’s Guardian are under a duty under section 33 to report possible officer misconduct or serious maladministration to the Commission and may refer a complaint received by the Ombudsman or Children’s Guardian to the Commission.
The Commission and the Ombudsman, or the Commission and the Children’s Guardian, may enter into arrangements regarding—
notifiable matters that the Commission may decide to investigate, take over the investigation of or otherwise deal with under this Act, or
notifiable matters that the Ombudsman or the Children’s Guardian may, with the consent of the Commission, deal with or continue to deal with under the Ombudsman Act 1974 or the Children’s Guardian Act 2019, as appropriate, or
the furnishing of reports by the Ombudsman or the Children’s Guardian on action taken in relation to matters referred to in paragraph (b), or
the exchange of information between the Ombudsman and the Commission for the purposes of the Ombudsman’s functions under the Public Interest Disclosures Act 2022, Part 6.
In this section—
notifiable matter means a matter notice of which is required to be given under subsection (3) or (3A).
This Act’s bill:Explanatory memorandumSecond reading speech
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