Law Enforcement Conduct Commission Act 2016

The Commission may exercise its investigation powers in respect of conduct—

if the conduct concerned involves a police officer, administrative employee or Crime Commission officer and the Commission has decided that the conduct concerned is (or could be) serious misconduct or officer maladministration that is serious maladministration and should be investigated, or

if the conduct concerned involves the Commissioner of Police or a Deputy Commissioner of Police and is (or could be) police misconduct or officer maladministration, or

if the conduct concerned involves the Crime Commissioner or an Assistant Commissioner of the Crime Commission and is (or could be) Crime Commission officer misconduct or officer maladministration, or

if the conduct concerned is (or could be) agency maladministration, or

if both Houses of Parliament refer the conduct concerned to the Commission for investigation under section 196.

The investigation powers may be exercised—

on any complaint made or referred to the Commission under this or any other Act, or

on the Commission’s own initiative on the basis of misconduct information provided to it in a report or of which it otherwise becomes aware.

The power to investigate conduct under this section includes the power—

to investigate conduct that could be, but is not, the subject of a complaint, and

to investigate the actions of another person or body in relation to the conduct concerned and any related issues, and

to refer the matter for investigation or other action under section 162.

Without limiting subsection (3), if the misconduct matter or conduct is (or could be) indicative of a systemic problem involving the NSW Police Force generally, or a particular area of the NSW Police Force, and the Commission considers it in the public interest to do so, the investigation by the Commission may extend beyond any police officer or administrative employee to whom the misconduct matter or conduct relates—

to the NSW Police Force generally, or that particular area of the NSW Police Force, and

to other police officers and administrative employees.

Without limiting subsection (3), if the misconduct matter or conduct is (or could be) indicative of a systemic problem involving the Crime Commission generally, or a particular area of the Crime Commission, and the Commission considers it in the public interest to do so, the investigation by the Commission may extend beyond any Crime Commission officer to whom the misconduct matter or conduct relates—

to the Crime Commission generally, or that particular area of the Crime Commission, and

to other Crime Commission officers.

For the purposes of subsection (1), conduct that is (or could be) indicative of both officer misconduct or officer maladministration and agency maladministration is to be treated as officer misconduct or officer maladministration.