44Dealing with misconduct matters

44 Dealing with misconduct matters

44 Dealing with misconduct matters

(1) As soon as practicable after the Commission receives (or becomes aware of) a misconduct matter, and at any time during the course of the investigation or oversight by the Commission of a misconduct matter, the Commission may decide to do any one or more of the following—

(a) subject to sections 45 and 46, to investigate, or take over the investigation, of the misconduct matter,

(b) subject to section 45, to refer the misconduct matter for police investigation or other action or Crime Commission investigation or other action,

(c) to refer the misconduct matter to the Commissioner of Police or the Crime Commissioner for information,

(d) if the subject of a police misconduct matter is a member of the NSW Police Force involved in a critical incident, to refer the matter to the Commissioner of Police to be investigated (except as provided by section 113 (6)) under Part 8,

(e) to refer the misconduct matter to another body or person under section 162 for investigation or other action or for information,

(f) if the misconduct matter is referred for police investigation or Crime Commission investigation, to oversee the police investigation or Crime Commission investigation under Part 7,

(g) if the misconduct matter is referred to another person or body under section 162, to oversee any investigation or other action taken by the person or body with respect to the misconduct matter,

(h) to attempt to deal with the misconduct matter (being a complaint) by an alternative dispute management process under section 48,

(i) to take no further action with respect to the misconduct matter.

(2) A decision under subsection (1) may be made in respect of the whole or any part of a misconduct matter.

(3) The Commission is to take into account any misconduct matters management guidelines or recommendation of the Commissioner of Police in deciding how to deal with a misconduct matter concerning a police officer, administrative employee or the NSW Police Force, or of the Crime Commissioner in deciding how to deal with a misconduct matter concerning a Crime Commission officer or the Crime Commission, but its decision is determinative of the matter.