Law Enforcement Conduct Commission Act 2016

This section applies to and in respect of a decision made by the Commissioner of Police under section 131 of the Police Act 1990 with respect to a notifiable misconduct matter relating to police misconduct or officer maladministration or agency maladministration.

If the Commission agrees with the Commissioner of Police’s decision to investigate or otherwise deal with the misconduct matter—

the Commission must notify the Commissioner of Police, and

the Commissioner of Police must notify the complainant of the decision, and

the Commissioner of Police must cause the misconduct matter to be investigated or otherwise dealt with and may, if of the opinion that it is appropriate to do so, notify the police officer whose conduct is the subject of the misconduct matter of the decision.

If the Commission either disagrees with the Commissioner of Police’s decision not to investigate the misconduct matter or considers that the misconduct matter should be investigated by the Commission under Part 6—

the Commission must notify the Commissioner of Police and the complainant of that fact, and

the Commissioner of Police must cause the misconduct matter to be investigated under the Police Act 1990 or the Commission may investigate it under Part 6.

If the Commission and the Commissioner of Police are unable to reach agreement, the Commission’s opinion is determinative of the matter.