Law Enforcement (Powers and Responsibilities) Regulation 2016

Except as provided by subclause (2), if a person is detained under Part 9 of the Act at a designated police station or designated place of detention, only an appointed custody manager may act as the custody manager for the person.

If an appointed custody manager is not available to act as the custody manager for the person under subclause (1) or the person is taken to a police station that is not a designated police station, the following police officers may act as the custody manager for the person—

any police officer of or above the rank of Sergeant (or the officer for the time being in charge of the police station or designated place of detention (as the case may be)),

if no such police officer is available to act as the custody manager for the person—any other police officer.

The arresting or investigating officer for the person is not to act as the custody manager for the person under subclause (2) unless—

no other police officer is available to act as the custody manager for the person, and

a police officer holding one of the following positions has given written permission to the arresting or investigating officer to act as the custody manager for the person—

duty officer at a designated police station,

District Inspector,

Officer in Charge of a Police Sector.

Written permission for the purposes of subclause (3) may be obtained by facsimile.

This clause does not apply if the person is detained by a police officer in the officer’s capacity as a member of the staff of the New South Wales Crime Commission or a member of the staff of the Australian Crime Commission, as referred to in clause 19.