Law Enforcement Conduct Commission Act 2016

In deciding whether any misconduct matter should be, or does not need to be, investigated by the Commission or referred for police investigation or Crime Commission investigation, the Commission may have regard to such matters as the Commission thinks fit, including whether, in the Commission’s opinion—

action has been, is being or will be taken to remedy the subject-matter of the misconduct matter without the need for an investigation by the Commission or any other person or body, or

the misconduct matter is frivolous, vexatious or not made in good faith, or

the subject-matter of the misconduct matter is trivial, or

the relevant conduct occurred too long ago to justify investigation, or

there is or was available an alternative and satisfactory means of redress in relation to the relevant conduct, or

the complainant does not or could not have an interest, or a sufficient interest, in the conduct complained of, or

civil, criminal or disciplinary proceedings, or a coroner’s inquest, relating to the subject-matter of the misconduct matter are pending or reasonably in contemplation.

The Commission may only decide that the Commission is to investigate a misconduct matter if—

the conduct is of a kind described in section 51, and

in the case of a decision to investigate by an examination, the Commission has decided that the conduct concerned is (or could be) conduct that falls within the description of serious misconduct or serious maladministration that should be investigated and that an examination should be conducted.

The Commission may decide to conduct an investigation into agency maladministration (or refer a misconduct matter concerning agency maladministration for police investigation or Crime Commission investigation) even though no particular police officer, administrative employee, Crime Commission officer or other person has been implicated and even though no officer misconduct or officer maladministration is suspected.