34Detrimental action offence—referrals of information

#### 34 Detrimental action offence—referrals of information 34 Detrimental action offence—referrals of information > > (1) An agency must refer evidence of a detrimental action offence to— > > > > > (a) the Commissioner of Police, and > > > > > (b) either— > > > > > > > (i) the Independent Commission Against Corruption, or > > > > > > > (ii) if the evidence relates to a member of the NSW Police Force or the New South Wales Crime Commission—the Law Enforcement Conduct Commission. > > > (2) If a person or agency mentioned in subsection (1)(a) or (b) forms the opinion a detrimental action offence has been committed, the person or agency must, by providing a brief of evidence relating to the alleged offence, refer the alleged offence to— > > > > > (a) the Director of Public Prosecutions, or > > > > > (b) if the alleged offence relates to the Director of Public Prosecutions—the Attorney General. > > > (3) To avoid doubt, subsection (2) does not limit the circumstances in which the alleged offence may be referred. > > > (4) An agency must notify the Ombudsman as soon as reasonably practicable after— > > > > > (a) becoming aware of an allegation a detrimental action offence has been committed by a public official associated with the agency, or > > > > > (b) referring evidence under subsection (1), or > > > > > (c) becoming aware of the outcome of a prosecution against a public official associated with the agency for the commission of a detrimental action offence, or > > > > > (d) otherwise becoming aware of a detrimental action offence that has been committed or alleged and arises from a public interest disclosure relating to the agency. > > > (5) This section does not apply to the extent that it would require information to be provided to a person who is alleged or suspected to have committed the offence to which the information relates. > > > (6) In subsection (4), an agency is aware of a matter if a disclosure officer for the agency is aware, or ought reasonably to be aware, of the matter.