sec.138IPolice commissioner may decide information is investigative information

sec.138I Police commissioner may decide information is investigative information

The police commissioner may decide that information related to the conduct of a person (the investigated person ) is investigative information about the investigated person if satisfied— there is or was evidence that, at the time of the investigated person’s conduct, it constituted a schedule 6 or 7 offence (the alleged offence ) committed by the investigated person against another person (the complainant ); and the matters stated in subsection (2) apply in relation to the alleged offence. The matters are— the police investigated the alleged offence; and the investigated person was formally notified about the investigation, including— by participating, or 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 to establish each element of the alleged offence; and the investigated person was not charged because— the complainant died before the charge was brought; or the complainant was unwilling to proceed; or an adult, who was the complainant’s parent or guardian, decided the matter should not proceed in the interests of the complainant. Evidence of conduct 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 subsection (1) other than to a police officer of at least the rank of superintendent. s 138I ins 2020 No. 39 s 11 (sec.138I-ssec.1) The police commissioner may decide that information related to the conduct of a person (the investigated person ) is investigative information about the investigated person if satisfied— there is or was evidence that, at the time of the investigated person’s conduct, it constituted a schedule 6 or 7 offence (the alleged offence ) committed by the investigated person against another person (the complainant ); and the matters stated in subsection (2) apply in relation to the alleged offence. (sec.138I-ssec.2) The matters are— the police investigated the alleged offence; and the investigated person was formally notified about the investigation, including— by participating, or 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 to establish each element of the alleged offence; and the investigated person was not charged because— the complainant died before the charge was brought; or the complainant was unwilling to proceed; or an adult, who was the complainant’s parent or guardian, decided the matter should not proceed in the interests of the complainant. (sec.138I-ssec.3) Evidence of conduct includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation. (sec.138I-ssec.4) Despite the Police Service Administration Act 1990 , section 4 .10, the police commissioner may not delegate the police commissioner’s powers under subsection (1) other than to a police officer of at least the rank of superintendent.