NSWIn ForceAct
Law Enforcement Conduct Commission Act 2016
104Commission may request further investigation of misconduct matter
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#### 104 Commission may request further investigation of misconduct matter
104 Commission may request further investigation of misconduct matter
> > (1) If the Commission is not satisfied that a misconduct matter has been properly investigated by the Commissioner of Police, the Commission may request the Commissioner of Police to cause a further police investigation to be conducted, specifying what are, in the Commission’s opinion, the deficiencies in the earlier police investigation.
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> > (2) If the Commission makes such a request, the Commissioner of Police—
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> > > (a) may, but is not obliged to, cause a further police investigation to be conducted, and
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> > > (b) in either case, must notify the Commission of the Commissioner of Police’s decision on the request and (if the decision is not to cause a further investigation to be conducted) of the Commissioner of Police’s reasons for the decision.
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> > (3) If the Commission is not satisfied that a misconduct matter has been properly investigated by the Crime Commissioner, the Commission may request the Crime Commissioner to cause a further Crime Commission investigation to be conducted, specifying what are, in the Commission’s opinion, the deficiencies in the earlier Crime Commission investigation.
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> > (4) If the Commission makes such a request, the Crime Commissioner—
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> > > (a) may, but is not obliged to, cause a further Crime Commission investigation to be conducted, and
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> > > (b) in either case, must notify the Commission of the Crime Commissioner’s decision on the request and (if the decision is not to cause a further investigation to be conducted) of the Crime Commissioner’s reasons for the decision.
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> > (5) This Part applies to and in respect of a further investigation under this section in the same way as it applies to and in respect of the earlier investigation.