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.