Crime and Corruption Act 2001

The commissioner of police must expeditiously assess complaints, or information or matter (also a complaint) made or notified to, or otherwise coming to the attention of, the commissioner of police.

The commissioner of police must deal with a complaint about police misconduct in the way the commissioner of police considers most appropriate, subject to the commission’s monitoring role.

If the commissioner of police is satisfied that—

a complaint—

is frivolous or vexatious; or

lacks substance or credibility; or

dealing with the complaint would be an unjustifiable use of resources;

The commissioner of police may, in an appropriate case, ask the commission to deal with a complaint about police misconduct or to deal with the complaint in cooperation with the commissioner of police.

If the commission refers a complaint about corrupt conduct to the commissioner of police to be dealt with, the commissioner of police must deal with the complaint in the way the commissioner of police considers most appropriate, subject to the commission’s monitoring role.

Without limiting how the commissioner of police may deal with a complaint about corrupt conduct, the commissioner of police may ask the commission to deal with the complaint in cooperation with the commissioner of police.

If a person makes a complaint that is dealt with by the commissioner of police, the commissioner of police must give the person a response stating—

if no action is taken on the complaint by the commissioner of police or action to deal with the complaint is discontinued by the commissioner of police—the reason for not taking action or discontinuing the action; or

if action is taken on the complaint by the commissioner of police—

the action taken; and

the reason the commissioner of police considers the action to be appropriate in the circumstances; and

any results of the action that are known at the time of the response.

However, the commissioner of police is not required to give a response to the person—

if the person has not given the person’s name and address or does not require a response; or

if the response would disclose information the disclosure of which would be contrary to the public interest.