sec.6A.1Duty concerning misconduct and other grounds for disciplinary action

### sec.6A.1 Duty concerning misconduct and other grounds for disciplinary action In this section— conduct means conduct of an officer, wherever and whenever occurring, whether the officer whose conduct is in question is on or off duty at the time the conduct occurs. officer includes a police recruit. If any officer or staff member— knows or reasonably suspects that conduct to which this section refers has occurred; or is one in respect of whom it can be reasonably concluded that the officer or staff member knew or reasonably suspected that conduct to which this section refers has occurred; it is the duty— of the officer or staff member, in the case of conduct that is misconduct, to report the occurrence of the conduct, as soon as is practicable, to the commissioner and to the chairperson of the Crime and Corruption Commission; and of the officer, in the case of conduct that is misconduct or another ground for disciplinary action, to take all action necessary to achieve the purposes of part 7 that is— warranted and reasonable in the circumstances; and within the authority of the officer. The commissioner may, by written instrument, exempt stated officers or staff members who have or are likely to have knowledge of conduct that is an alleged contravention of the Anti-Discrimination Act 1991 from compliance with subsection (2) , generally or on stated conditions. The commissioner may give an exemption under subsection (3) only if the commissioner is reasonably satisfied giving the exemption will not adversely affect the welfare of the officers or staff members affected by or involved in the conduct. However, if a person is given an exemption generally because the person is likely to have knowledge of an alleged contravention of the Anti-Discrimination Act 1991 and the person is the person against whom the complaint for the contravention is made, the exemption does not operate in relation to the complaint against the person. Also, the commissioner may, by written instrument, exempt an officer or staff member from compliance with subsection (2) , generally or on stated conditions, if the officer or staff member— is appointed to provide confidential counselling services to officers and staff members; or is a prescribed person under section 5A .21A. An exemption under subsection (6) only operates while the officer or staff member is providing professional counselling services in an official capacity. If a person is not required to report misconduct under subsection (2) because of an exemption under subsection (3) , the commissioner also is not required to report the misconduct. s 6A.1 (prev s 7.2) amd 1998 No. 19 s 7 ; 2001 No. 69 s 378 sch 1 ; 2005 No. 17 s 29 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ; 2019 No. 32 s 7 (1) – (2) reloc and renum 2019 No. 32 s 7 (3) (sec.6A.1-ssec.1) In this section— conduct means conduct of an officer, wherever and whenever occurring, whether the officer whose conduct is in question is on or off duty at the time the conduct occurs. officer includes a police recruit. (sec.6A.1-ssec.2) If any officer or staff member— knows or reasonably suspects that conduct to which this section refers has occurred; or is one in respect of whom it can be reasonably concluded that the officer or staff member knew or reasonably suspected that conduct to which this section refers has occurred; it is the duty— of the officer or staff member, in the case of conduct that is misconduct, to report the occurrence of the conduct, as soon as is practicable, to the commissioner and to the chairperson of the Crime and Corruption Commission; and of the officer, in the case of conduct that is misconduct or another ground for disciplinary action, to take all action necessary to achieve the purposes of part 7 that is— warranted and reasonable in the circumstances; and within the authority of the officer. (sec.6A.1-ssec.3) The commissioner may, by written instrument, exempt stated officers or staff members who have or are likely to have knowledge of conduct that is an alleged contravention of the Anti-Discrimination Act 1991 from compliance with subsection (2) , generally or on stated conditions. (sec.6A.1-ssec.4) The commissioner may give an exemption under subsection (3) only if the commissioner is reasonably satisfied giving the exemption will not adversely affect the welfare of the officers or staff members affected by or involved in the conduct. (sec.6A.1-ssec.5) However, if a person is given an exemption generally because the person is likely to have knowledge of an alleged contravention of the Anti-Discrimination Act 1991 and the person is the person against whom the complaint for the contravention is made, the exemption does not operate in relation to the complaint against the person. (sec.6A.1-ssec.6) Also, the commissioner may, by written instrument, exempt an officer or staff member from compliance with subsection (2) , generally or on stated conditions, if the officer or staff member— is appointed to provide confidential counselling services to officers and staff members; or is a prescribed person under section 5A .21A. (sec.6A.1-ssec.7) An exemption under subsection (6) only operates while the officer or staff member is providing professional counselling services in an official capacity. (sec.6A.1-ssec.8) If a person is not required to report misconduct under subsection (2) because of an exemption under subsection (3) , the commissioner also is not required to report the misconduct. - (a) knows or reasonably suspects that conduct to which this section refers has occurred; or - (b) is one in respect of whom it can be reasonably concluded that the officer or staff member knew or reasonably suspected that conduct to which this section refers has occurred; - (c) of the officer or staff member, in the case of conduct that is misconduct, to report the occurrence of the conduct, as soon as is practicable, to the commissioner and to the chairperson of the Crime and Corruption Commission; and - (d) of the officer, in the case of conduct that is misconduct or another ground for disciplinary action, to take all action necessary to achieve the purposes of part 7 that is— (i) warranted and reasonable in the circumstances; and (ii) within the authority of the officer. - (i) warranted and reasonable in the circumstances; and - (ii) within the authority of the officer. - (i) warranted and reasonable in the circumstances; and - (ii) within the authority of the officer. - (a) is appointed to provide confidential counselling services to officers and staff members; or - (b) is a prescribed person under section 5A .21A.