113Critical incident investigations

#### 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. > > > (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— > > > > > (a) the lawfulness and reasonableness of the actions of the members of the Police Force involved in the critical incident, > > > > > (b) the extent to which those members complied with relevant legislation and policies, practices and procedures of the NSW Police Force, > > > > > (c) any complaint about the conduct of those members that has been referred to the senior critical incident investigator, > > > > > (d) any evidence of officer misconduct by those members, > > > > > (e) the need (if any) for changes to relevant policies, practices and procedures of the NSW Police Force, > > > > > (f) any systemic, safety or procedural issues arising from the actions of those members. > > > (3) The investigation is to be carried out so far as is practicable and operationally appropriate in conformity with the critical incident guidelines. > > > (4) However the critical incident guidelines are not mandatory and a departure from the guidelines does not in itself affect or invalidate an investigation. > > > (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— > > > > > (a) the Commission investigate the complaint, or > > > > > (b) the Commission investigate the complaint concurrently with the investigation by the NSW Police Force. > > > (6) The Commission may decide to investigate a complaint referred to it under subsection (5) despite section 44 (9). > > > (7) In this section— > > > > appropriate authority means the following— > > > > > (a) for any investigation of a critical incident—the Commissioner of Police, > > > > > (b) for any investigation of a critical incident monitored by the Commission—the Commission, > > > > > (c) for any investigation of a critical incident involving the death of a person—the coroner. > > **s 113:** Am 2021 No 14, Sch 1\[12\].