11Duty to notify Commission of possible corrupt conduct

#### 11 Duty to notify Commission of possible corrupt conduct 11 Duty to notify Commission of possible corrupt conduct > > (1) This section applies to the following persons— > > > > > (a) the Ombudsman, > > > > > (b) the Commissioner of Police, > > > > > (c) the principal officer of a public authority, > > > > > (d) an officer who constitutes a public authority, > > > > > (e) a Minister of the Crown. > > > (2) A person to whom this section applies is under a duty to report to the Commission any matter that the person suspects on reasonable grounds concerns or may concern corrupt conduct. > > > (2A) Despite subsection (2), the Commissioner of Police is not under a duty to report to the Commission any matter that concerns or may concern corrupt conduct of a police officer or administrative employee (within the meaning of the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061)) unless the Commissioner of Police suspects on reasonable grounds that the matter also concerns or may concern corrupt conduct of another public official. > > > (2B) Despite subsection (2), the Commissioner for the New South Wales Crime Commission (the Crime Commissioner) is not under a duty to report to the Commission any matter that concerns or may concern corrupt conduct of a Crime Commission officer (within the meaning of the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061)) unless the Crime Commissioner suspects on reasonable grounds that the matter also concerns or may concern corrupt conduct of another public official. > > > (3) The Commission may issue guidelines as to what matters need or need not be reported. > > > (3A) A Minister of the Crown who is under a duty under this section to report a matter may (despite subsection (2)) report the matter either to the Commission or to the head of any agency responsible to the Minister. > > > (4) This section has effect despite any duty of secrecy or other restriction on disclosure. > > > (5) The regulations may prescribe who is the principal officer of a public authority, but in the absence of regulations applying in relation to a particular public authority, the principal officer is the person who is the head of the authority, its most senior officer or the person normally entitled to preside at its meetings. > > > (6) The regulations may prescribe the principal officer of a separate office within a public authority as the principal officer of the public authority in relation to matters concerning the separate office. > > **s 11:** Am 2006 No 64, Sch 2 \[1\]; 2008 No 60, Sch 2 \[1\]; 2008 No 123, Sch 1 \[1\]–\[4\]; 2009 No 95, Sch 1 \[1\]; 2016 No 61, Sch 6.25 \[1\].