NSWIn ForceAct
Law Enforcement Conduct Commission Act 2016
139Annual reports of Commission
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#### 139 Annual reports of Commission
139 Annual reports of Commission
> > (1) The Commission is required to prepare, within the period of 4 months after each 30 June, a report of its operations during the year ended on that 30 June and furnish the report to the Presiding Officer of each House of Parliament.
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> > (2) A report by the Commission under this section must include the following—
> >
> > > (a) a description of the types of matters that were referred to the Commission,
> >
> > > (b) a description of the types of matters investigated by the Commission,
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> > > (c) the total number of matters dealt with by the Commission during the year,
> >
> > > (d) the number of police investigations, Crime Commission investigations and critical incident investigations that were the subject of oversight by the Commission under Parts 7 and 8 during the year,
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> > > (e) the number of matters that were investigated by the Commission under Part 6 during the year,
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> > > (f) the following details with respect to matters investigated by the Commission—
> > >
> > > > (i) the time interval between the receipt of each misconduct matter by the Commission and the Commission deciding to investigate the misconduct matter,
> > >
> > > > (ii) the number of misconduct matters commenced to be investigated but not finally dealt with during the year,
> > >
> > > > (iii) the average time taken to deal with misconduct matters and the actual time taken to investigate any matter in respect of which a report is made,
> > >
> > > > (iv) the total number of examinations and private and public examinations conducted during the year,
> > >
> > > > (v) the number of days spent during the year in conducting public examinations,
> > >
> > > > (vi) the time interval between the completion of each public examination conducted during the year and the furnishing of a report on the matter,
> >
> > > (g) an evaluation of the response of the Commissioner of Police, relevant members of the NSW Police Force Senior Executive Service (within the meaning of the [Police Act 1990](/view/html/inforce/current/act-1990-047)) and other relevant authorities to the opinions and recommendations of the Commission,
> >
> > > (h) an evaluation of the response of the Crime Commissioner, relevant members of the Crime Commission Senior Executive Service and other relevant authorities to the opinions and recommendations of the Commission,
> >
> > > (i) any recommendations for changes in the laws of the State, or for administrative action, that the Commission considers should be made as a result of the exercise of the Commission’s functions,
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> > > (j) the general nature and extent of any information furnished under this Act by the Commission during the year to a law enforcement agency,
> >
> > > (k) the extent to which investigations by the Commission have resulted in prosecutions, disciplinary action or the making of an order under section 173 or 181D of the [Police Act 1990](/view/html/inforce/current/act-1990-047) in that year,
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> > > (l) the number of search warrants issued by authorised officers and the Commissioners respectively under this Act in that year,
> > >
> > > Note.
> > >
> > > Under section 242A of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) the Commission is also required to report annually with respect to the exercise of powers under Part 5 of that Act with respect to covert search warrants. The report may be combined with the annual report under this Act.
> >
> > > (m) a description of its activities during that year in relation to the exercise of its functions under sections 27 and 32.
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> > (3) Any such information that relates to investigations or other matters involving Crime Commission officers must be kept separate from other matters in the report.
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> > (4) Modification of Division 7.3 of [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) Division 7.3 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) is, in its application to the annual reporting information prepared for the Commission, modified as follows—
> >
> > > (a) the annual reporting information is to be given to the Presiding Officer of each House of Parliament and not to the responsible Minister for the Commission,
> >
> > > (b) provisions of that Act relating to the giving of annual reporting information to the responsible Minister for a GSF agency and to the public availability of annual reporting information do not apply to the Commission or the Chief Executive Officer of the Commission.
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> > (5) The financial report for the annual reporting period to which the annual reporting information relates is to set out the separate cost of the operations of the Commission under each of Parts 6, 7 and 8.
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> > (6) In this section—
> >
> > law enforcement agency means the following—
> >
> > > (a) the NSW Police Force,
> >
> > > (b) a Police Force of another State or Territory,
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> > > (c) the Australian Federal Police,
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> > > (d) any prosecutorial authority,
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> > > (e) any investigative agency within the meaning of section 161 (Co-operation with other agencies),
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> > > (f) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the State or another State or Territory.
> >
> > prosecutorial authority means the following—
> >
> > > (a) the Director of Public Prosecutions,
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> > > (b) the Director of Public Prosecutions of the Commonwealth,
> >
> > > (c) the Director of Public Prosecutions of another State or Territory,
> >
> > > (d) any other authority or person prescribed by the regulations for the purposes of this definition.
>
> **s 139:** Am 2018 No 70, Sch 4.59.