NSWIn ForceAct
Law Enforcement Conduct Commission Act 2016
102Commission may request information concerning misconduct matter
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#### 102 Commission may request information concerning misconduct matter
102 Commission may request information concerning misconduct matter
> > (1) For the purpose of determining whether a misconduct matter concerning a police officer, administrative employee or the NSW Police Force is being or has been properly dealt with, the Commissioner of Police must, at the request of the Commission, provide the Commission with the following—
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> > > (a) an explanation of the policies, procedures and practices of the NSW Police Force relevant to the conduct complained of,
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> > > (b) such documentary and other information (including records of interviews) as the Commission requests with respect to any inquiries made by the Commissioner of Police or other police officers or administrative employees into the misconduct matter,
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> > > (c) to the extent to which the Commissioner of Police is able to do so, any explanation, comment or information sought by the Commission in connection with the misconduct matter.
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> > (2) For the purpose of determining whether a misconduct matter concerning a Crime Commission officer or the Crime Commission is being or has been properly dealt with, the Crime Commissioner must, at the request of the Commission, provide the Commission with the following—
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> > > (a) an explanation of the policies, procedures and practices of the Crime Commission relevant to the conduct complained of,
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> > > (b) such documentary and other information (including records of interviews) as the Commission requests with respect to any inquiries made by the Crime Commissioner or other Crime Commission officers into the misconduct matter,
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> > > (c) to the extent to which the Crime Commissioner is able to do so, any explanation, comment or information sought by the Commission in connection with the misconduct matter.
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> > (3) The Commission may withdraw the request if the Commissioner of Police or Crime Commissioner objects to providing what has been requested and the Commission is satisfied that the grounds of the objection are well-founded.
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> > (4) Instead of making such a request, the Commission may, in accordance with any relevant misconduct matters management guidelines, seek information from other police officers.