26ZOMonitoring by Law Enforcement Conduct Commission

#### 26ZO Monitoring by Law Enforcement Conduct Commission 26ZO Monitoring by Law Enforcement Conduct Commission > > (1) The Law Enforcement Conduct Commission is to keep under scrutiny the exercise of powers conferred on police officers or correctional officers under this Part. > > > (2) For that purpose, the Law Enforcement Conduct Commission may require the Commissioner of Police or any public authority to provide information about the exercise of those powers. > > > (2A) The Commissioner of Police must provide the information required by the Law Enforcement Conduct Commission, but may provide it subject to any one or more of the following conditions— > > > > > (a) that any officer of the Commission (within the meaning of the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061)) who is to have access to the information has been given a security clearance at an appropriate level by the Commonwealth, > > > > > (b) that the information is not made public by the Commission without consulting the Commissioner of Police on whether making the information public would reveal police methodology or ongoing operations, or would jeopardise relevant information-sharing relationships, > > > > > (c) in the case of information of particular sensitivity identified by the Commissioner of Police, that only Commissioners of the Commission are to have access to the information. > > > (2B) The Commissioner of Police may only redact or withhold information required by the Law Enforcement Conduct Commission for either or both of the following reasons, and must specify when and the reason the information is redacted or withheld— > > > > > (a) the information identifies an informant or a police officer operating covertly, > > > > > (b) provision of the information contravenes a law of the Commonwealth. > > > (3) The Commissioner of Police is to ensure that the Law Enforcement Conduct Commission— > > > > > (a) is duly notified of the making of a preventative detention order or prohibited contact order, and given a copy of any such order, and > > > > > (b) if a person is taken into custody under a preventative detention order—is duly notified that the person has been taken into custody, and > > > > > (c) if an order is revoked—is duly notified of the revocation. > > > (4) The Law Enforcement Conduct Commission must, as soon as practicable after— > > > > > (a) the commencement of this subsection as substituted by the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), and > > > > > (b) the expiration of every 3 years after that, > > > > prepare reports on the exercise of those powers and furnish a copy of the reports to the Attorney General and the Minister for Police. > > > (5) The reports are to be tabled by the Attorney General in each House of Parliament as soon as practicable after they are received by the Attorney General. > > > (6) If a House of Parliament is not sitting when the Attorney General seeks to table a report, copies of the report are to be presented to the Clerk of the House concerned by the Attorney General. > > > (7) The report— > > > > > (a) is, on presentation and for all purposes, taken to have been laid before the House, and > > > > > (b) may be printed by authority of the Clerk of the House, and > > > > > (c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and > > > > > (d) is to be recorded— > > > > > > > (i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and > > > > > > > (ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly, > > > > > > on the first sitting day of the House after receipt of the report by the Clerk. > > > (8) The report is to be included with the report prepared by the Law Enforcement Conduct Commission under section 27ZC so long as the requirements of this section are complied with in relation to the report prepared under this section. > > **s 26ZO:** Ins 2005 No 114, Sch 1 \[1\]. Am 2006 No 58, Sch 1.36 \[1\]; 2008 No 114, Sch 2.34; 2010 No 72, Sch 1 \[17\]–\[19\]; 2016 No 61, Sch 6.44 \[7\] \[8\]; 2018 No 92, Sch 1 \[22\].