131Dealing with misconduct matters

#### 131 Dealing with misconduct matters 131 Dealing with misconduct matters > > (1) As soon as practicable after the Commissioner receives (or becomes aware of) a misconduct matter, and at any time during a police investigation of a misconduct matter, the Commissioner may (except as provided by subsection (3)) decide as follows— > > > > > (a) to investigate or otherwise deal with the misconduct matter under this Part, > > > > > (b) to refer the misconduct matter to the LECC for consideration of whether or not it is to be investigated by the LECC or otherwise dealt with under the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), > > > > > (c) to take no further action under this Part with respect to the misconduct matter. > > > > Note. > > > > The Commissioner may decide to take action with respect to administrative employee misconduct matters in accordance with the [Government Sector Employment (NSW Police Force) Rules 2017](/view/html/inforce/current/sl-2017-0594), Part 6. > > > (2) A decision under subsection (1) may be made in respect of the whole or any part of a misconduct matter. > > > (3) The Commissioner must refer a misconduct matter received by the Commissioner or of which the Commissioner becomes aware that alleges, indicates or suggests that conduct of the Commissioner or a Deputy Commissioner is (or could be) officer misconduct to the LECC unless the misconduct has been referred to the Commissioner by LECC. > > > (4) The Commissioner is to take into account any misconduct matters management guidelines or recommendation of the LECC in deciding how to investigate or deal with the misconduct matter. > > > (5) If the Commissioner decides to refer a misconduct matter to the LECC, the Commissioner may recommend how the misconduct matter should be dealt with by the LECC. > > > (6) If the Commissioner decides that a misconduct matter that is a complaint does not need to be investigated, the Commissioner must notify the complainant of the decision and the reasons for it. > > > (7) Additional information from a complainant, and any existing information relevant to a misconduct matter to which the Commissioner can readily obtain access, may be used in making a decision concerning a misconduct matter. > > > (8) The making of a decision under this section is not an investigation of the misconduct matter to which the decision relates. > > > (9) The Commissioner may investigate or otherwise deal with any notifiable misconduct matter pending the making of a decision by the LECC under section 44 of the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061). > > **s 131:** Ins 1998 No 123, Sch 1 \[3\]. Subst 2006 No 94, Sch 2 \[26\]; 2016 No 61, Sch 5.1 \[32\]. Am 2023 No 35, Sch 2.10\[1\].