20BInternal review of decisions not to give directions to end reporting obligations—the Act, Sch 2, cl 34(3)(c)

20B Internal review of decisions not to give directions to end reporting obligations—the Act, Sch 2, cl 34(3)(c)

20B Internal review of decisions not to give directions to end reporting obligations—the Act, Sch 2, cl 34(3)(c)

(1) A registrable person who is given, under section 20A(4), written notice of a decision by the Commissioner of Police to not give the registrable person a reporting obligations cessation direction may apply for an internal review of the decision.

(2) The application must be—

(a) in writing, and

(b) made to the Commissioner of Police, and

(c) accompanied by any submissions, information or documents the registrable person wishes to be considered as part of the review.

(3) On receiving the application, the Commissioner of Police must refer the application to a person (the internal reviewer) who, as far as reasonably practicable—

(a) was not substantially involved in the process of making the decision under review, and

(b) is a member of the NSW Police Force, and

(c) is, in the Commissioner’s opinion, otherwise suitably qualified to deal with the application.

(4) In conducting the review, the internal reviewer—

(a) must consider any submissions, information or documents accompanying the application under subsection (2)(c), and

(b) may consider other information the internal reviewer considers relevant.

(5) In determining the application, the internal reviewer may—

(a) affirm the decision, or

(b) set aside the decision and substitute the decision with a decision to give the registrable person a reporting obligations cessation direction.

(6) The internal reviewer must, as soon as reasonably practicable after determining the application, notify the Commissioner and the applicant of the decision under subsection (5).

(7) If the internal reviewer determines the application by setting aside and substituting the decision under subsection (5)(b), the Commissioner of Police must give the applicant a reporting obligations cessation direction.