Law Enforcement Conduct Commission Act 2016

The Commission must keep under scrutiny the systems established within the NSW Police Force and the Crime Commission for dealing with misconduct matters. For that purpose, the Commission may request the Commissioner of Police and the Crime Commissioner to provide information about those systems and their operation.

Without limiting subsection (1), for the purpose of ascertaining whether or not the requirements of this Act and Part 8A of the Police Act 1990 are being complied with by the Commissioner of Police and other members of the NSW Police Force, the Commission—

must inspect the records of the NSW Police Force at least once every 12 months, and

may inspect the records of the NSW Police Force at any time.

Without limiting subsection (1), for the purpose of ascertaining whether or not the requirements of this Act are being complied with by the Crime Commissioner and officers of the Crime Commission, the Commission—

must inspect the records of the Crime Commission at least once every 12 months, and

may inspect the records of the Crime Commission at any time.

The Commissioner of Police and the Crime Commissioner must comply with a request under subsection (1).

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 in the report, it may require the Commissioner of Police or Crime Commissioner—

to advise on whether the recommendation will be implemented, and

if the recommendation will not be implemented—to give the reasons for not implementing the recommendation.

Information must be provided in accordance with this section despite the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 but only to the extent that it is relevant to the exercise of a function of the Commission under this section.