{"id":"nsw:sl-2023-0472","name":"Law Enforcement Conduct Commission Regulation 2023","slug":"law-enforcement-conduct-commission-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"472 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175879,"registerId":"nsw-nsw:sl-2023-0472-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Law Enforcement Conduct Commission Regulation 2023](/view/html/inforce/current/sl-2023-0472).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Law Enforcement Conduct Commission Regulation 2017](/view/html/repealed/current/sl-2017-0263), which would otherwise be repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> applicant, for Parts 1 and 2, means an applicant for appointment, employment or engagement as an officer of the Commission.\n> \n> approved form means the form approved by the Chief Commissioner.\n> \n> officer of the Commission has the same meaning as in the Act, but does not include the Chief Commissioner.\n> \n> Note—\n> \n> Under the Act, sections 4(1), definition of officer of the Commission and 21, officers of the Commission include—\n> \n> > (a) persons employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the exercise of the Commission’s and the Commissioners’ functions, and\n> \n> > (b) staff whose services the Commission uses under an arrangement under the Act, section 21(2)(a) or (b), and\n> \n> > (c) persons, whether individuals, body corporates or partnerships, engaged by the Commission as consultants or to perform other services under the Act, section 21(2)(c), and\n> \n> > (d) police officers whose services the Commission uses under an arrangement under the Act, section 21(3)(a), and\n> \n> > (e) members of other police forces seconded or otherwise engaged to assist the Commission under the Act, section 21(3)(b).\n> \n> the Act means the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “associate”","content":"#### 4 Meaning of “associate”\n\n4 Meaning of “associate”\n\n> > (1) In this regulation—\n> > \n> > associate, of an applicant or an officer of the Commission, means—\n> > \n> > > (a) if the applicant or officer is an individual—a personal associate or business associate of the individual, or\n> > \n> > > (b) if the applicant or officer is a body corporate or partnership—\n> > > \n> > > > (i) personnel of the body corporate or partnership, or\n> > > \n> > > > (ii) a personal associate or business associate of personnel of the body corporate or partnership, or\n> > > \n> > > > (iii) a related body corporate, within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, of the body corporate or partnership.\n> \n> > (2) In this section—\n> > \n> > business associate, of an individual, means—\n> > \n> > > (a) the individual’s employer, or\n> > \n> > > (b) if the individual’s employer is a body corporate or partnership—the employer’s personnel, or\n> > \n> > > (c) if the individual is a member of a partnership—\n> > > \n> > > > (i) another partner in the partnership, or\n> > > \n> > > > (ii) an officer or employee of the partnership, or another person who has a contractual relationship with the partnership, as specified by the Chief Commissioner in relation to the partnership or a class to which the partnership belongs, or\n> > \n> > > (d) an employee of the individual, or\n> > \n> > > (e) another person who has a contractual relationship with the individual, as specified by the Chief Commissioner in relation to the individual or a class to which the individual belongs.\n> > \n> > personal associate, of an individual, means—\n> > \n> > > (a) the individual’s spouse or de facto partner,\n> > \n> > > (b) a child of the individual, or of the individual’s spouse or de facto partner, who is less than 18 years of age,\n> > \n> > > (c) another member of the individual’s household or family, or a person with whom the individual associates socially, as specified by the Chief Commissioner in relation to the individual or a class to which the individual belongs.\n> > \n> > personnel means—\n> > \n> > > (a) in relation to a body corporate—\n> > > \n> > > > (i) a director of the body corporate, or\n> > > \n> > > > (ii) the secretary of the body corporate, or\n> > > \n> > > > (iii) an officer, employee or shareholder of the body corporate, or another person who has a contractual relationship with the body corporate, as specified by the Chief Commissioner in relation to the body corporate or a class to which the body corporate belongs, or\n> > \n> > > (b) in relation to a partnership—\n> > > \n> > > > (i) a partner in the partnership, or\n> > > \n> > > > (ii) an officer or employee of the partnership, or another person who has a contractual relationship with the partnership, as specified by the Chief Commissioner in relation to the partnership or a class to which the partnership belongs.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Staff of Commission","content":"# Part 2 Staff of Commission\n\nPart 2 Staff of Commission","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Disclosure of pecuniary interests and other matters","content":"#### 5 Disclosure of pecuniary interests and other matters\n\n5 Disclosure of pecuniary interests and other matters\n\n> > (1) For the Act, section 191(a) and (b), the Chief Commissioner may require an officer of the Commission to give the Chief Commissioner a statement, in the approved form, disclosing the interests of—\n> > \n> > > (a) the officer, or\n> > \n> > > (b) an associate of the officer.\n> \n> > (2) In this section—\n> > \n> > interest, of an officer of the Commission or an associate of the officer, means a pecuniary interest or other matter specified in the Act, section 191(a)(i)–(xi) relating to the person.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Disclosure of conflicts of interest","content":"#### 6 Disclosure of conflicts of interest\n\n6 Disclosure of conflicts of interest\n\n> For the Act, section 191(a) and (b), an officer of the Commission must, immediately after becoming aware of a conflict of interest, or an apparent conflict of interest, between the officer’s duties as an officer and the officer’s private interests, notify the Chief Commissioner of the conflict.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Statement of personal particulars","content":"#### 7 Statement of personal particulars\n\n7 Statement of personal particulars\n\n> > (1) For the Act, sections 191(a) and (b) and 197(2)(f), the Chief Commissioner may require an applicant or an officer of the Commission to give the Chief Commissioner a statement of personal particulars relating to—\n> > \n> > > (a) the applicant or officer, or\n> > \n> > > (b) an associate of the applicant or officer, or\n> > \n> > > (c) a former associate of the applicant or officer who is or has been a member of the NSW Police Force or a Crime Commission officer.\n> \n> > (2) The statement must be accompanied by the following—\n> > \n> > > (a) a statutory declaration disclosing current or former associations the applicant or officer has with—\n> > > \n> > > > (i) known criminals, and\n> > > \n> > > > (ii) persons the applicant or officer reasonably suspects have committed criminal offences,\n> > \n> > > (b) if requested by the Chief Commissioner—\n> > > \n> > > > (i) an authority for the release of information contained in the statement, or\n> > > \n> > > > (ii) consent to the conduct of inquiries relating to the information.\n> \n> > (3) A statement or other document given under this section must be in the approved form.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Other documents Chief Commissioner may require","content":"#### 8 Other documents Chief Commissioner may require\n\n8 Other documents Chief Commissioner may require\n\n> > (1) For the Act, sections 191(a) and (b) and 197(2)(f), the Chief Commissioner may require an applicant or an officer of the Commission to give the Chief Commissioner one or more of the prescribed documents relating to—\n> > \n> > > (a) the applicant or officer, or\n> > \n> > > (b) an associate of the applicant or officer.\n> \n> > (2) Subsection (1) applies only to documents in the person’s possession or to which the person is entitled to immediate possession.\n> \n> > (3) The prescribed documents, in relation to an individual, are as follows—\n> > \n> > > (a) a birth certificate or a duly certified extract of a birth certificate,\n> > \n> > > (b) a marriage certificate or a duly certified extract of a marriage certificate,\n> > \n> > > (c) a current passport,\n> > \n> > > (d) a current driver licence,\n> > \n> > > (e) a duly certified copy of a registered deed by which the individual has formally changed the individual’s name,\n> > \n> > > (f) a certificate of naturalisation or citizenship,\n> > \n> > > (g) a certificate of discharge from the Australian Defence Force,\n> > \n> > > (h) a certificate evidencing the individual’s educational, professional or trade qualifications,\n> > \n> > > (i) the most recent income tax return, within the meaning of the [Income Tax Assessment Act 1997](http://www.legislation.gov.au/) of the Commonwealth, lodged by the individual,\n> > \n> > > (j) the most recent notice of assessment issued in relation to the individual under the [Income Tax Assessment Act 1936](http://www.legislation.gov.au/) of the Commonwealth, section 174.\n> \n> > (4) The prescribed documents, in relation to a body corporate or partnership, are as follows—\n> > \n> > > (a) a copy of the body corporate’s constitution or the agreement establishing the partnership,\n> > \n> > > (b) the most recent annual report of the body corporate or partnership,\n> > \n> > > (c) the most recent audited financial statement relating to the body corporate or partnership,\n> > \n> > > (d) the most recent income tax return lodged by, and the most recent income tax assessment issued in relation to, the body corporate or partners.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Fingerprint imprints","content":"#### 9 Fingerprint imprints\n\n9 Fingerprint imprints\n\n> > (1) For the Act, section 197(2)(f), the Chief Commissioner may require an applicant or an officer of the Commission to give the Chief Commissioner an imprint of the fingerprints of the applicant or officer.\n> \n> > (2) If the applicant or officer is a body corporate or partnership, the Chief Commissioner may require the body corporate or partnership to give the Chief Commissioner an imprint of the fingerprints of specified personnel.\n> \n> > (3) An imprint of the fingerprints of an applicant, or personnel of an applicant, must be destroyed not later than 6 months after the application is determined, unless the applicant becomes an officer of the Commission within that period.\n> \n> > (4) Subject to subsection (5), an imprint of the fingerprints of an officer, or personnel of an officer, must be destroyed not later than 6 months after the officer ceases to be an officer.\n> \n> > (5) If the officer is under investigation by the Commission when the officer ceases to be an officer, or becomes subject to an investigation by the Commission within 6 months after ceasing to be an officer, the Chief Commissioner may keep the fingerprint imprint until the investigation and any legal proceedings arising from the investigation have ceased.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Notice of change in information","content":"#### 10 Notice of change in information\n\n10 Notice of change in information\n\n> > (1) For the Act, sections 191(a) and (b) and 197(2)(f), an officer of the Commission who has given a statement under this part must give the Chief Commissioner notice of a significant change concerning the information contained in the statement.\n> \n> > (2) Notice must be given—\n> > \n> > > (a) in the approved form, and\n> > \n> > > (b) immediately after the officer becomes aware of the change.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Chief Commissioner may require further information","content":"#### 11 Chief Commissioner may require further information\n\n11 Chief Commissioner may require further information\n\n> For the Act, sections 191(a) and (b) and 197(2)(f), the Chief Commissioner may require an applicant or an officer of the Commission to give the Chief Commissioner further information relating to a matter disclosed under this part by the applicant or officer.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Staff of Inspector","content":"# Part 3 Staff of Inspector\n\nPart 3 Staff of Inspector","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Application of regulation to members of staff of Inspector","content":"#### 12 Application of regulation to members of staff of Inspector\n\n12 Application of regulation to members of staff of Inspector\n\n> > (1) For the Act, section 128(6), the Act, sections 191 and 197(2)(f) are prescribed.\n> \n> > (2) Part 2 applies to a person listed in Column 1 of the table to this subsection in the same way as the part applies to the person listed opposite in Column 2.\n> > \n> > | Column 1 | Column 2 |\n> > | Inspector | Chief Commissioner |\n> > | A member of staff of the Inspector | An officer of the Commission |\n> > | An applicant for employment or engagement as a member of staff of the Inspector | An applicant for appointment, employment or engagement as an officer of the Commission |","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Repeal and savings","content":"#### 13 Repeal and savings\n\n13 Repeal and savings\n\n> > (1) The [Law Enforcement Conduct Commission Regulation 2017](/view/html/repealed/current/sl-2017-0263) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Law Enforcement Conduct Commission Regulation 2017](/view/html/repealed/current/sl-2017-0263), had effect under that regulation continues to have effect under this regulation.","sortOrder":16}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"No scope change can be assessed — the document provided contains only the legislative metadata and website navigation content, not the substantive provisions of the regulation. There is no basis to determine whether the regulation's scope diverged from any original intent."},"complexity_factors":["Only metadata and status information is available — no substantive provisions are visible in the provided text, making full analysis impossible","The regulation itself is subordinate legislation, which adds a layer of cross-referencing with the parent Law Enforcement Conduct Commission Act 2016","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity layer","The subject matter (oversight of law enforcement) can involve complex procedural and accountability frameworks, but this cannot be assessed without the actual content"],"plain_english_summary":"The Law Enforcement Conduct Commission Regulation 2023 (NSW) is a subordinate regulation made under the Law Enforcement Conduct Commission Act 2016 that supports the LECC’s operation. It commenced 25 August 2023 and is due to sunset on 1 September 2028.\n\nIt primarily affects the LECC, NSW Police and Crime Commission personnel, and people involved in LECC matters. It likely sets procedural details (complaints, confidentiality, investigations), but the regulation’s specific provisions were not provided."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose of establishing administrative and vetting procedures for LECC staff. It replaces the 2017 regulation with substantially similar provisions, maintaining the same scope of personnel vetting, disclosure requirements, and integrity measures."},"complexity_factors":["Nested definitions: 'associate' is defined through multiple layers (personal associate → business associate → personnel → related bodies corporate)","Conditional fingerprint destruction rules with exception for ongoing investigations (section 9)","Cross-application of Part 2 to Inspector's staff via substitution table in section 12","Multiple cross-references to the parent Act (Law Enforcement Conduct Commission Act 2016) for substantive powers","Discretionary powers granted to Chief Commissioner ('may require', 'as specified by the Chief Commissioner') creating conditional application"],"plain_english_summary":"This regulation sets out the rules for vetting and monitoring staff who work for the Law Enforcement Conduct Commission (LECC) — the body that investigates police misconduct and serious crime in NSW.\n\n**What it does:**\n- **Establishes disclosure requirements**: Staff and job applicants must reveal their financial interests, personal details, and any conflicts of interest. This includes information about their \"associates\" — broadly defined to cover family members, business partners, employers, and even social connections.\n- **Sets document requirements**: The Chief Commissioner can demand identity documents (birth certificates, passports, driver licences), tax returns, qualifications, and corporate records.\n- **Allows fingerprinting**: Applicants and staff can be required to provide fingerprints, which must generally be destroyed within 6 months of leaving employment (unless there's an ongoing investigation).\n- **Extends rules to the Inspector's staff**: The same vetting rules apply to staff of the Inspector of the LECC, who oversees the Commission's operations.\n\n**Who it affects:**\n- Anyone applying for a job with the LECC\n- Current LECC officers (staff, consultants, seconded police)\n- Staff of the Inspector of the LECC\n- \"Associates\" of these people — including family, business partners, and corporate personnel\n\n**Why it matters:**\nThe LECC handles sensitive investigations into police and organised crime. These rules ensure staff are trustworthy, free from conflicts of interest, and not vulnerable to compromise through their personal or business connections. The broad definition of \"associate\" and extensive document requirements reflect the high integrity standards needed for this work."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation repeals and replaces the 2017 Regulation but preserves prior effects (s2, s13). It continues to require officers, applicants and specified Inspector staff to provide disclosure, documents and fingerprints and to notify conflicts and changes, so there is no clear expansion or narrowing of covered persons or core obligations within the text provided (see s2, s5–11, s12)."},"complexity_factors":["Multiple technical definitions that determine scope of obligations (including 'associate', 'personal associate', 'business associate', 'personnel') (s3–4)","Broad discretion given to the Chief Commissioner to approve forms and specify classes or persons for requirements (approved form; specification powers) (s3, s4(1)(b)(iii), s4(2) clauses, s5, s7, s8, s11)","Detailed list of prescribed documents and distinction between individuals and bodies (extensive documentary requirements create administrative burden) (s8(3)–(4))","Fingerprint collection, retention and destruction rules with an exception where investigations are ongoing (timing and investigatory exception introduce conditional retention complexity) (s9(1)–(5))","Immediate reporting obligations for conflicts and for significant changes to disclosed information (strict timing/compliance duty) (s6, s10)","Application of Part 2 obligations to Inspector staff via a mapping table (transposes duties to a different office) (s12)","Cross-references to multiple Act provisions and external statutes (Act sections 191, 197, 128; Corporations Act; Income Tax Assessment Acts) increasing interpretive interdependence (s3 notes, multiple sections)","Repeal and savings mechanism replacing the 2017 regulation while preserving existing effects (requires reading with prior instrument for continuity) (s2, s13)"],"plain_english_summary":"This regulation tells who must give the Chief Commissioner background information and documents (identity, tax, qualifications, associations), how and when to report conflicts or significant changes, and when fingerprint imprints may be taken, kept or destroyed. It applies to LECC officers, applicants for LECC roles and certain staff of the Inspector. The Chief Commissioner may set approved forms and specify classes of associates or personnel, and can require further information or consent for inquiries."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/law-enforcement-conduct-commission-regulation-2023","history":"/api/acts/law-enforcement-conduct-commission-regulation-2023/history","analysis":"/api/acts/law-enforcement-conduct-commission-regulation-2023/analysis","conflicts":"/api/acts/law-enforcement-conduct-commission-regulation-2023/conflicts","importantCases":"/api/acts/law-enforcement-conduct-commission-regulation-2023/important-cases","documents":"/api/acts/law-enforcement-conduct-commission-regulation-2023/documents"}}