NSWIn ForceAct
Law Enforcement Conduct Commission Act 2016
113Critical incident investigations
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#### 113 Critical incident investigations
113 Critical incident investigations
> > (1) The Commissioner of Police is to ensure that the actions of members of the Police Force involved in a critical incident at the time of, and leading to, the critical incident are fully and properly investigated by the NSW Police Force.
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> > (2) Without limiting subsection (1), the investigation of a critical incident is to include an examination and report to each appropriate authority on any of the following that is applicable—
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> > > (a) the lawfulness and reasonableness of the actions of the members of the Police Force involved in the critical incident,
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> > > (b) the extent to which those members complied with relevant legislation and policies, practices and procedures of the NSW Police Force,
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> > > (c) any complaint about the conduct of those members that has been referred to the senior critical incident investigator,
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> > > (d) any evidence of officer misconduct by those members,
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> > > (e) the need (if any) for changes to relevant policies, practices and procedures of the NSW Police Force,
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> > > (f) any systemic, safety or procedural issues arising from the actions of those members.
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> > (3) The investigation is to be carried out so far as is practicable and operationally appropriate in conformity with the critical incident guidelines.
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> > (4) However the critical incident guidelines are not mandatory and a departure from the guidelines does not in itself affect or invalidate an investigation.
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> > (5) Despite subsection (2)(c) and (d), the Commissioner of Police may, if the Commissioner of Police considers it appropriate, refer a complaint about a member of the Police Force involved in a critical incident to the Commission with a recommendation that—
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> > > (a) the Commission investigate the complaint, or
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> > > (b) the Commission investigate the complaint concurrently with the investigation by the NSW Police Force.
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> > (6) The Commission may decide to investigate a complaint referred to it under subsection (5) despite section 44 (9).
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> > (7) In this section—
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> > appropriate authority means the following—
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> > > (a) for any investigation of a critical incident—the Commissioner of Police,
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> > > (b) for any investigation of a critical incident monitored by the Commission—the Commission,
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> > > (c) for any investigation of a critical incident involving the death of a person—the coroner.
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> **s 113:** Am 2021 No 14, Sch 1\[12\].