Law Enforcement Conduct Commission Act 2016

The Commission may—

make recommendations concerning officer misconduct, officer maladministration and agency maladministration education and prevention programs, and similar programs, conducted within the NSW Police Force or the Crime Commission or by other bodies for the NSW Police Force or Crime Commission, and

assess the effectiveness and appropriateness of the procedures of those agencies for the ascertainment of whether there is officer misconduct, officer maladministration or agency maladministration or any circumstances that may be conducive to such misconduct or maladministration and make recommendations concerning those procedures, and

advise those agencies on ways in which officer misconduct, officer maladministration and agency maladministration may be prevented and make recommendations about the action they should take.

Without limiting subsection (1), the Commission has the functions of working collaboratively (so far as practicable) with the NSW Police Force and the Crime Commission with respect to education of the officers and members of those agencies about officer misconduct, officer maladministration and agency maladministration and the support and promotion of initiatives of those agencies directed at the prevention and elimination of such misconduct and maladministration.

The Commission may, at any time, prepare a report on matters arising out of the exercise of the Commission’s functions under this section.

The report may include such comments and recommendations as the Commission thinks fit.

The Commission is to provide a copy of the report to the Minister and the Commissioner of Police or the Crime Commissioner (as appropriate).

If the Commission makes a recommendation under this section it may require the Commissioner of Police or Crime Commissioner to advise the Commission whether the Commissioner intends to implement the recommendation and, if not, the reasons for not doing so.

The functions of the Commission under this section are administrative functions for the purposes of section 27 (2) of the Privacy and Personal Information Protection Act 1998 and section 17 of the Health Records and Information Privacy Act 2002.