sec.147Police commissioner may decide that information about a person is investigative information

### sec.147 Police commissioner may decide that information about a person is investigative information The police commissioner may decide under this section that information about a person (the investigated person ) is investigative information if— there is or was evidence of acts or omissions that, at the time of the acts or omissions, constituted a disqualifying offence (the alleged offence ) by the investigated person against a child or a person who was a child at the time of the offence (each of whom is a complainant ); and the police investigated the alleged offence and the investigated person was formally notified about the investigation, including— by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or by otherwise being given an opportunity to answer allegations about the alleged offence; and there was sufficient evidence available that was capable of establishing each element of the alleged offence but a decision was made not to charge the investigated person because— the complainant died before the charge was brought; or either or both of the following applied— the complainant was unwilling to proceed; an adult who, at the relevant time, was the complainant’s parent decided that, in the interests of the complainant, the matter should not proceed. Evidence of acts or omissions includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation. Despite the Police Service Administration Act 1990 , section 4 .10, the police commissioner may not delegate the police commissioner’s powers under this section to anyone other than a police officer of at least the rank of superintendent. (sec.147-ssec.1) The police commissioner may decide under this section that information about a person (the investigated person ) is investigative information if— there is or was evidence of acts or omissions that, at the time of the acts or omissions, constituted a disqualifying offence (the alleged offence ) by the investigated person against a child or a person who was a child at the time of the offence (each of whom is a complainant ); and the police investigated the alleged offence and the investigated person was formally notified about the investigation, including— by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or by otherwise being given an opportunity to answer allegations about the alleged offence; and there was sufficient evidence available that was capable of establishing each element of the alleged offence but a decision was made not to charge the investigated person because— the complainant died before the charge was brought; or either or both of the following applied— the complainant was unwilling to proceed; an adult who, at the relevant time, was the complainant’s parent decided that, in the interests of the complainant, the matter should not proceed. (sec.147-ssec.2) Evidence of acts or omissions includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation. (sec.147-ssec.3) Despite the Police Service Administration Act 1990 , section 4 .10, the police commissioner may not delegate the police commissioner’s powers under this section to anyone other than a police officer of at least the rank of superintendent. - (a) there is or was evidence of acts or omissions that, at the time of the acts or omissions, constituted a disqualifying offence (the alleged offence ) by the investigated person against a child or a person who was a child at the time of the offence (each of whom is a complainant ); and - (b) the police investigated the alleged offence and the investigated person was formally notified about the investigation, including— (i) by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or (ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and - (i) by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or - (ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and - (c) there was sufficient evidence available that was capable of establishing each element of the alleged offence but a decision was made not to charge the investigated person because— (i) the complainant died before the charge was brought; or (ii) either or both of the following applied— (A) the complainant was unwilling to proceed; (B) an adult who, at the relevant time, was the complainant’s parent decided that, in the interests of the complainant, the matter should not proceed. - (i) the complainant died before the charge was brought; or - (ii) either or both of the following applied— (A) the complainant was unwilling to proceed; (B) an adult who, at the relevant time, was the complainant’s parent decided that, in the interests of the complainant, the matter should not proceed. - (A) the complainant was unwilling to proceed; - (B) an adult who, at the relevant time, was the complainant’s parent decided that, in the interests of the complainant, the matter should not proceed. - (i) by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or - (ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and - (i) the complainant died before the charge was brought; or - (ii) either or both of the following applied— (A) the complainant was unwilling to proceed; (B) an adult who, at the relevant time, was the complainant’s parent decided that, in the interests of the complainant, the matter should not proceed. - (A) the complainant was unwilling to proceed; - (B) an adult who, at the relevant time, was the complainant’s parent decided that, in the interests of the complainant, the matter should not proceed. - (A) the complainant was unwilling to proceed; - (B) an adult who, at the relevant time, was the complainant’s parent decided that, in the interests of the complainant, the matter should not proceed.