Law Enforcement Conduct Commission Act 2016

This section applies if a report under section 132, 135 or 136 contains an opinion, formed on the ground of the Commission’s findings about the conduct of a public official, that the public official has engaged or is engaging, or has attempted or is attempting to engage, in officer misconduct or officer maladministration.

Disciplinary proceedings in connection with the employment of the public official may be taken by the employer of the public official on the ground of the conduct of the public official on which the opinion was based.

The person or body determining the disciplinary proceedings—

is not required to further investigate whether that conduct occurred but may choose to do so, and

may take any disciplinary or other action against the public official of a kind that the person or body may otherwise take in disciplinary proceedings against any such public official, and

is to give the public official an opportunity to make a submission in relation to any proposed disciplinary or other action.

Any such disciplinary or other action is taken to be action under the law relating to the taking of disciplinary proceedings against the public official and that law (including any right to appeal against or seek a review of the action) applies accordingly.

Evidence given to the Commission by the public official may be admitted and used in disciplinary proceedings against the public official that are authorised by this section (and in any related appeal or review proceedings) despite sections 57 (Self- incrimination) and 74 (Abrogation of privilege as regards answers, documents and other things) or any other law. However, the admission and use of the evidence in those proceedings does not cause it to be admissible against the public official in any other proceedings.

(Repealed)

In this section—

proceedings and action taken by the Commissioner of Police in relation to an administrative employee under the Government Sector Employment Act 2013, section 69 or 70, and

proceedings and action taken by the Crime Commissioner in relation to a Crime Commission officer under the Government Sector Employment Act 2013, section 69 or 70, and

proceedings and action taken by the Commissioner of Police against a police officer under the Police Act 1990, Part 9, and

reasonable management action taken in connection with the employment of a public official, and

appropriate corrective action taken in connection with the employment of a public official.

engagement under a contract for services, and

appointment as a statutory officer.

a statement of information, or a document or other thing, produced in response to a notice by the Commission, and

an answer made, or a document or other thing produced, by a person summoned to attend or appearing before the Commission at an examination.