sec.7A.1Power to conduct disciplinary investigation against a former officer

### sec.7A.1 Power to conduct disciplinary investigation against a former officer This section applies if— a ground for disciplinary action arises in relation to a police officer; and after the ground for disciplinary action arises the employment of the person (the former officer ) as a police officer ends for any reason. A ground for disciplinary action arises when the conduct constituting the ground happens. The commissioner may continue or start an investigation to decide whether the former officer is liable to disciplinary action in relation to the former officer’s conduct at any time when he or she was a police officer. Under section 4 .10 the commissioner may delegate powers under this part. For deciding whether to continue or start an investigation, the commissioner may consider the following matters— the seriousness of the ground for disciplinary action; how far advanced the investigation is; the cost of continuing the investigation; access to the former officer; the former officer’s disciplinary history; any benefit to the service in proceeding or not proceeding with the investigation; whether the matter is being considered or investigated by the CCC or any other authority; any offence substantially related to the ground for disciplinary action; the likelihood of the former officer engaging in future employment for which the officer would be required to disclose the making of a disciplinary declaration; any other matter the commissioner considers relevant. The investigation and disciplinary action must be taken within a period of 2 years after the end of the former officer’s employment mentioned in subsection (1) (b) . However, subsection (4) does not stop disciplinary action being taken following an appeal or review. Subsection (4) does not affect— an investigation of a suspected criminal offence; or an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 . In deciding whether to continue or start a disciplinary investigation the commissioner may have regard to the matters the commissioner reasonably considers to be relevant including matters prescribed under a regulation. s 7A.1 ins 2009 No. 25 s 39 amd 2014 No. 21 s 94 (2) sch 2 ; 2019 No. 32 ss 10 , 32 sch 1 (sec.7A.1-ssec.1) This section applies if— a ground for disciplinary action arises in relation to a police officer; and after the ground for disciplinary action arises the employment of the person (the former officer ) as a police officer ends for any reason. (sec.7A.1-ssec.2) A ground for disciplinary action arises when the conduct constituting the ground happens. (sec.7A.1-ssec.3) The commissioner may continue or start an investigation to decide whether the former officer is liable to disciplinary action in relation to the former officer’s conduct at any time when he or she was a police officer. Under section 4 .10 the commissioner may delegate powers under this part. (sec.7A.1-ssec.3A) For deciding whether to continue or start an investigation, the commissioner may consider the following matters— the seriousness of the ground for disciplinary action; how far advanced the investigation is; the cost of continuing the investigation; access to the former officer; the former officer’s disciplinary history; any benefit to the service in proceeding or not proceeding with the investigation; whether the matter is being considered or investigated by the CCC or any other authority; any offence substantially related to the ground for disciplinary action; the likelihood of the former officer engaging in future employment for which the officer would be required to disclose the making of a disciplinary declaration; any other matter the commissioner considers relevant. (sec.7A.1-ssec.4) The investigation and disciplinary action must be taken within a period of 2 years after the end of the former officer’s employment mentioned in subsection (1) (b) . (sec.7A.1-ssec.5) However, subsection (4) does not stop disciplinary action being taken following an appeal or review. (sec.7A.1-ssec.6) Subsection (4) does not affect— an investigation of a suspected criminal offence; or an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 . (sec.7A.1-ssec.7) In deciding whether to continue or start a disciplinary investigation the commissioner may have regard to the matters the commissioner reasonably considers to be relevant including matters prescribed under a regulation. - (a) a ground for disciplinary action arises in relation to a police officer; and - (b) after the ground for disciplinary action arises the employment of the person (the former officer ) as a police officer ends for any reason. - (a) the seriousness of the ground for disciplinary action; - (b) how far advanced the investigation is; - (c) the cost of continuing the investigation; - (d) access to the former officer; - (e) the former officer’s disciplinary history; - (f) any benefit to the service in proceeding or not proceeding with the investigation; - (g) whether the matter is being considered or investigated by the CCC or any other authority; - (h) any offence substantially related to the ground for disciplinary action; - (i) the likelihood of the former officer engaging in future employment for which the officer would be required to disclose the making of a disciplinary declaration; - (j) any other matter the commissioner considers relevant. - (a) an investigation of a suspected criminal offence; or - (b) an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 .