Police Act 1990

The Commissioner may make a revocation order whether or not the misconduct has been the subject of a misconduct matter under Part 8A or the Law Enforcement Conduct Commission Act 2016 and whether or not the police officer has been prosecuted or convicted for an offence in relation to the misconduct.

Before making a revocation order, the Commissioner—

must cause to be served on the police officer a notice that identifies the misconduct (including all relevant facts and circumstances) on the basis of which the Commissioner intends to make the proposed order, and

must give the police officer 7 days from the date of service of the notice within which to serve notice on the Commissioner that he or she intends to make written submissions to the Commissioner in relation to the proposed order, and

must take into consideration any written submissions received from the police officer—

during the period of 7 days referred to in paragraph (b), or

if during that period the police officer serves notice on the Commissioner as referred to in paragraph (b), during the period of 21 days following the date on which that notice is served.

As soon as practicable after making a revocation order, the Commissioner must cause written notice that the order has been made to be served on the police officer concerned. The notice must be served personally or (if personal service is impracticable) by post.

The written notice must contain the terms of the order and must indicate—

the misconduct (including all relevant facts and circumstances) on the basis of which the order has been made, and

whether the order results from a misconduct matter that has been investigated, or is being investigated, under Part 8A or the Law Enforcement Conduct Commission Act 2016, and

the Commissioner’s reasons for making the order.