Confidentiality of complaints about conduct—the Act, s 219(2)(i)
47 Confidentiality of complaints about conduct—the Act, s 219(2)(i)
This section applies if—
a person, including a police officer, makes an allegation, other than a complaint under the Act, Part 8A, to a police officer about the conduct of another police officer, and
the officer to whom the allegation is made reasonably believes that, if the allegation is true—
the Commissioner may take section 80 dismissal action in relation to the police officer against whom the allegation was made, or
the Commissioner may make a section 173 order or a section 181D order in relation to the police officer against whom the allegation was made, or
the officer against whom the allegation was made may have committed a criminal offence.
The officer to whom the allegation is made must not disclose the identity of the person who made the allegation, except—
to the Commissioner, or
with the authority of the Commissioner, or
for the commencement of, or for the purposes of, proceedings before—
a Royal Commission, or
a Special Commission of Inquiry, or
the Industrial Relations Commission, or
a court.
The officer to whom the allegation is made must not disclose information tending to identify the person as the person who made the allegation except in the circumstances mentioned in the Act, section 169A(2)(a)–(j).
For subsection (3), a reference in the Act, section 169A(2)(a)–(j) to—
a complainant is taken to be a reference to the person who made the allegation, and
a complaint is taken to be a reference to an allegation, and
the member of the NSW Police Force is taken to be a reference to the officer to whom the allegation is made.
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