75CProvision and consideration of new material

75C Provision and consideration of new material

[Section 75C Inserted by No. 12 of 2009, s. 15, Applied:09 Jun 2009]

(1)  If a police officer, in respect of whom a recommendation is made under section 30 or an action or determination is taken or made under section 31 or section 43(3)  –

(a) lodges an application for review; and

(b) subsequently becomes aware of new material relevant to the Commissioner's recommencation, action or determination before the matter is finalised by the Police Review Board; and

(c) intends to rely on that material –

the officer is to submit that material to the Commissioner.

(2)  If the Commissioner intends to rely on material in addition to that already supplied by or to the police officer referred to in subsection (1) , the Commissioner, subject to the requirements of any other relevant legislation, is to provide that material to the police officer –

(a) not less than 7 days before the review; or

(b) if the material is not available within that period, as soon as practicable after the material becomes available.

(3)  The Commissioner must consider any new material submitted to him or her under subsection (1) within 7 days after its submission, unless of the opinion that the new material should be considered by the Police Review Board.

(4)  The Commissioner or the applicant may apply to the Police Review Board for a matter to be deferred for a reasonable period to allow for any new material to be considered.