Crime and Corruption Act 2001

The reference committee may make a specific referral only if it is satisfied—

the police service has carried out an investigation into the particular incident of major crime that has not been effective; and

further investigation into the particular incident of major crime is unlikely to be effective using powers ordinarily available to police officers; and

it is in the public interest to refer the particular incident of major crime to the commission for investigation.

The reference committee may make a general referral only if it is satisfied it is in the public interest to refer the major crime to the commission for investigation.

Without limiting the matters to which the reference committee may have regard in deciding whether it is in the public interest to refer a particular incident of major crime, or major crime, to the commission for investigation, the reference committee may have regard to the following—

the number of persons that may be involved;

the degree of planning and organisation likely to be involved;

the seriousness of, or the consequences of, the particular incident of major crime or the major crime;

the person or persons likely to be responsible for planning and organising the particular incident of major crime or the major crime;

the likely involvement of the person or persons in similar activities;

the financial or other benefits likely to be derived by any person;

whether investigation by the commission is a justifiable use of resources.

Also, without limiting the matters to which the reference committee may have regard in deciding whether it is in the public interest to refer major crime to the commission for investigation (that is, a general referral), the reference committee may have regard to the likely effectiveness of investigation into the major crime using powers ordinarily available to the police service.