11Maladministration

#### 11 Maladministration 11 Maladministration > > (1) For the purposes of this Act, agency maladministration means any conduct (by way of action or inaction) of the NSW Police Force or the Crime Commission other than excluded conduct— > > > > > (a) that is unlawful (that is, constitutes an offence or is corrupt conduct or is otherwise unlawful), or > > > > > (b) that, although it is not unlawful— > > > > > > > (i) is unreasonable, unjust, oppressive or improperly discriminatory in its effect, or > > > > > > > (ii) arises, wholly or in part, from improper motives, or > > > > > > > (iii) arises, wholly or in part, from a decision that has taken irrelevant matters into consideration, or > > > > > > > (iv) arises, wholly or in part, from a mistake of law or fact, or > > > > > > > (v) is conduct of a kind for which reasons should have (but have not) been given, or > > > > > (c) that is engaged in in accordance with a law or established practice, being a law or practice that is, or may be, unreasonable, unjust, oppressive or improperly discriminatory in its effect. > > > (2) For the purposes of this Act, officer maladministration means any conduct (by way of action or inaction) of a police officer, administrative employee or Crime Commission officer that, although it is not unlawful (that is, does not constitute an offence or corrupt conduct)— > > > > > (a) is unreasonable, unjust, oppressive or improperly discriminatory in its effect, or > > > > > (b) arises, wholly or in part, from improper motives, or > > > > > (c) arises, wholly or in part, from a decision that has taken irrelevant matters into consideration, or > > > > > (d) arises, wholly or in part, from a mistake of law or fact, or > > > > > (e) is conduct of a kind for which reasons should have (but have not) been given. > > > (3) For the purposes of this Act, agency maladministration or officer maladministration is serious maladministration— > > > > > (a) in the case of an agency—if the conduct involved is unlawful (that is, constitutes an offence or is corrupt conduct or is otherwise unlawful), or > > > > > (b) in the case of an agency or officer—if the conduct involved is of a serious nature and, although it is not unlawful— > > > > > > > (i) is unreasonable, unjust, oppressive or improperly discriminatory in its effect, or > > > > > > > (ii) arises, wholly or in part, from improper motives. > > > (4) In this section— > > > > excluded conduct means any of the following— > > > > > (a) conduct of the Crime Commission in relation to a decision that could be the subject of an application for review by the Supreme Court under section 33 of the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066), > > > > > (b) conduct of the Crime Commission or Crime Commission officers in relation to the carrying on or determination of a hearing under Division 4 of Part 2 of the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066) or any proceeding relating to an investigation conducted by the Crime Commission, > > > > > (c) conduct of the Crime Commission or its officers where acting as a legal advisor to a public authority or as a legal representative of a public authority (including as counsel assisting a public authority), > > > > > (d) conduct of the Crime Commission or its officers relating to the carrying on of any proceedings before a court (including a coronial inquiry and committal proceedings before a Judge of the Local Court) or before any other person or body before whom witnesses may be compelled to appear and give evidence, > > > > > (e) conduct in carrying out the functions of an executive officer or member of the Management Committee of the Crime Commission. > > **s 11:** Am 2025 No 61, Sch 2.57\[2\].